imported post
Gray Peterson wrote:
Mr. Mendoza,
I am also curious if you can find us the link to both State v. Mendoza I and State v. Mendoza II. A lot of the spot historians on firearms have been trying to find it for a long time and haven't had much in the way of luck.
As for Hawaii, the State Courts in Hawaii, just like California, are beyond useless and actually would be quite unhelpful.
Sykes v. McGinness is a California federal court case that is currently on hold due to the
Nordyke v. King case being heard en banc, which itself is currently on hold for
McDonald v. City of Chicago.
If we win in district court, wouldn't be applicable specifically to Hawaii's district court, it would be persuasive authority (Similar to the US citizens only case of
Say v. Kentucky State Police in district court influencing the Washington State AFL case up here). If it gets appealed to the 9th Circuit Court of Appeals, and we win there, it would have an effect on the State of Hawaii, even more so than McDonald, due to the issue of "carry" being delt with specifically in Sykes.
If we get a good Sykes win, Hawaii would actually be required to issue licenses to carry on a shall-issue basis, and they have a choice: Either issue open carry licenses, or concealed carry licenses, or both.
Even it caused the law to change here in Hawaii to "Shall Issue", the Entire code still needs to be re-written. Too many loopholes for the permits to be denied. Hawaii has a LONG fight ahead, even if Sykes and Mcdonald win.
http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0009.htm
§134-9 Licenses to carry. (a)
In an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property, the chief of police of the appropriate county
may grant a license to an applicant who is a citizen of the United States of the age of twenty-one years or more or to a duly accredited official representative of a foreign nation of the age of twenty-one years or more to carry a pistol or revolver and ammunition therefor concealed on the person within the county where the license is granted.
Where the urgency or the need has been sufficiently indicated, the respective chief of police may grant to an applicant of good moral character who is a citizen of the United States of the age of twenty-one years or more, is engaged in the protection of life and property, and is not prohibited under section 134-7 from the ownership or possession of a firearm, a license to carry a pistol or revolver and ammunition therefor unconcealed on the person
within the county where the license is granted. The chief of police of the appropriate county, or the chief's designated representative, shall perform an inquiry on an applicant by using the National Instant Criminal Background Check System, to include a check of the Immigration and Customs Enforcement databases where the applicant is not a citizen of the United States, before any determination to grant a license is made. Unless renewed, the license shall expire one year from the date of issue.
(b) The chief of police of each county shall adopt procedures to require that any person granted a license to carry a concealed weapon on the person shall:
(1) Be qualified to use the firearm in a safe manner;
(2) Appear to be a suitable person to be so licensed;
(3) Not be prohibited under section 134-7 from the ownership or possession of a firearm; and
(4) Not have been adjudged insane or not appear to be mentally deranged.
(c) No person shall carry concealed or unconcealed on the person a pistol or revolver without being licensed to do so under this section or in compliance with sections 134-5(c) or 134-25.
(d) A fee of $10 shall be charged for each license and shall be deposited in the treasury of the county in which the license is granted. [L 1988, c 275, pt of §2; am L 1994, c 204, §8; am L 1997, c 254, §§2, 4; am L 2000, c 96, §1; am L 2002, c 79, §1; am L 2006, c 27, §3 and c 66, §3; am L 2007, c 9, §8]
