2nd Amendment lawsuit brought in Hawaii...

[blackout.45]

Well, this thread has all the elements of a "lively debate". :lol:

I live on the Windward (east) side of the Big Island. I'm as white as snow, but have had little trouble with the people here. Sure, it does take getting used to and Island life is not for everyone, but I think it's a leap to blame the populous since many simply don't understand the implications of NOT honoring the Constitution.

Truth is, in my limited experience, that people of all races and backgrounds have found a way to keep and bear arms - and YES, they are breaking the law to do so. My point being that in spite of their ignorance of a the American Constitution and its intent, they are doing what most any human being will do - protect their home, family and property.

In a perfect world, Hawaii would do what Alaska, Wyoming, Vermont and Arizona have done. Adopt a Constitutional Carry policy, abolish all of the redundant and unnecessary regulation, and monitor the results. I'm sure they would be surprised. In addition, it could boost local economies as people opened ranges, gun stores, and other firearms related businesses. There is no indication in any of the aforementioned States that carrying firearms in what ever manner a citizen chooses causes any greater harm than not...

Anyone who has lived here (HI) for any length of time knows that home invasion is a reality here. It is not at all uncommon for part-time residents to leave their homes here, return months later, and find that the ENTIRE interior has been gutted. It's also a rural state. I speak from experience here, having been come up on late at night by strangers while camping. If I could legally carry, well, peace of mind would come easier.

The only thing Hawaii has to lose by not adopting a Constitutional Carry policy is revenue from those of us that have to buy a "Permit to Acquire" everytime we want to buy a new gun.

 

[Daylen]

Marine you obviously have very few local friends.

They are a great people with warm hearts quick to laugh.

Many are mislead, yes the federal government and the state has forced a sense of dependency on many.

Try going to Kokohead gun range some time. Warning if you don't get there early you wont get a spot and it's a large range. Asians have the same natural rights and desire to exercise those rights we do.

I love Hawaii I miss living there, I also like the fact that for many things they aren't a "law and order" state, that isn't how our country was founded. (hint liberty doesn't need "proactive" police) I liked the fact that police would rather give you a warning than process you and exercise their "authority" over you.

Yes the locals were angry over annexation, it was the asian and caucasian population that wanted to become part of U.S. I don't blame them, I am 1/4 native and understand the wholesale destruction of culture U.S. has been part of in the past, shame on our country for those misdeeds.

hey, no complaining if the South and Texas don't get to choose its own path and culture then why should you guys?

 

[sudden valley gunner]

hey, no complaining if the South and Texas don't get to choose its own path and culture then why should you guys?

In my viewpoint it's a shame they didn't and unconstitutional how the Feds went about it, imperialistic north. I myself enjoy the different cultural aspects U.S. has as a vast country.

An interesting side point was that some "white" folks in Hawaii, wined and dined a southern Senator trying to get sympathy for their "rule" thinking the senator would be a "racist" and support them. He didn't and condemned the U.S. actions against a sovereign people. (I can't find the link to this story now, read it some time ago so my details may be a little fuzzy)

 

[DonRow]

First off, born and raised here.

Second, my dads half Hawaiian making me 1/4.

Third, I treat everyone here (no matter what "race" you are!!) with the same respect that you show me. I can ether be your best friend and give you the last 20 In my wallet so your family can have something to eat. Or I can be your worst enemy. Once again (NO MATTER WHAT "RACE" YOU ARE!!!) I've been a MoFo to Hawaiians also.

Forth, I love being American and wouldn't give it up at all. I respect all members of our glorious US military.

Fifth, I was a welfare kid up until I was in the first grade. Yes sad but true Hawaii is a welfare state and makes me sick to my stomach to see people that don't work have a better life then me and my family do.

Forth, I'm a HELO pilot here and I don't live in a tent, and I don't collect welfare.

Sixth, I want to see to see this law suite won, progressives have run this state for waaaaayyyyy to long.

Marine, I respect your opinion but I don't have to agree with it. Your right some Braddahs out here are asses I've had a few run ins with some of um. But for the most part people in Hawaii are grate people. It's to bad that a few locals here are ignorant to what the US has given them, but so are some idiots in the states (wallstreet protesters). I myself was never immune to harassment in school throughout my young life, I got into my fare share of fights also. So don't mistake all of us here for a few dumb a$$ Hawaiians that you my have met.

With that said "Hi" I'm a new Braddah to the forum.


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[sudden valley gunner]

Welcome to the forum. I am looking forward to coming back to da aina , this December. Unfortunately this means no OC which has become such a daily part of my life. If you make it to Washington look me up, you can taste what freedom means.

Now Alaska flies straight to my town and it isn't super expensive.

 

[DonRow]

Yes it does from Kauai (where I live) direct to washington. You know I never thought washington would have been an OC state nether did I think Oregon was to. Must be the whole burnt out hippies trying to take over both states. But you know brah, my wife's from Oregon and a really good friend of the family lives in washington, somewhere in Richland area. And we were planing a trip to washington to visit them then drive down to Oregon after, I might just take you up on that one. If your ever on Kauai come on a helicopter tour with me and I'll show you the most beautiful thing ever.


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[sudden valley gunner]

Yes it does from Kauai (where I live) direct to washington. You know I never thought washington would have been an OC state nether did I think Oregon was to. Must be the whole burnt out hippies trying to take over both states. But you know brah, my wife's from Oregon and a really good friend of the family lives in washington, somewhere in Richland area. And we were planing a trip to washington to visit them then drive down to Oregon after, I might just take you up on that one. If your ever on Kauai come on a helicopter tour with me and I'll show you the most beautiful thing ever.


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Sounds good braddah! Maybe I can swing it this December, we are supposed to go see family on Big Island though in moilili.

 

[oc4ever]

Case dismissed?

The federal docket 1:11-cv-00513 (pacer) says the suit was dismissed on August 29th, 2011, 6 days after being filed. What gives?

 

[sudden valley gunner]

There has to be more to the story.

 

[DonRow]

I'd check with hawaiidefence.org I think there the one that filed the suite.


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I sent them an email..

 

[DonRow]

The case was dropped then refiled due to a clerical error. So the law suite is still on going.


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[thebigsd]

The case was dropped then refiled due to a clerical error. So the law suite is still on going.


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Do you know the case number or have a link to the newly filed suit?

 

[DonRow]

I can try and email them later for the case number for the refiled one. The guy responded pretty quick.


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[DonRow]

Case number link

http://ia700709.us.archive.org/0/items/gov.uscourts.hid.98653/gov.uscourts.hid.98653.docket.html

Heres the link for the new case number.

 

[Funtimes]

So, is Chris Baker doing any updating here on the case's progress? Maybe give us some idea when it's scheduled on the court's docket?

Trial is on the 17th of January. It kind of pissed me off that they put a motion for preliminary injunction 5+ months out... I think that it was BS, but whatever. Sorry I am in the middle of: Working full time navy, working part time job, going to full time school, and studying for the LSAT in December, training for handgun classes on weekends ;p. I keep a pretty tight schedule, so sorry for the lack of updates! I kind of rely on others to keep it posted.

 

[DonRow]

I think that's Chris. ⬆⬆⬆ of Hawaii defense foundation.


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[Statkowski]

I like the state's response: We don't know what you're talking about; we've got immunity; we couldn't just change it even if we wanted to, we acknowledge that Hawaii is a state, etc., etc.

 

[DonRow]

That's the state of Hawaii for you.


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[Marc Mendoza]

If the Court is Honest, you got 'em bruddah!

Aloha Friends:
Greetings! I am the Mendoza in State v Mendoza. I haven't checked in for awhile after my run to the U.S. Supreme Court in 2004 in State v Mendoza II.
Whoever drafted the paperwork in this case has a basic grasp of the winning issue, but doesn't get the real strength of the argument or why it is a winning issue.
For the purposes of the Hawaii Administrative Procedures Act (HAPA), Honolulu's police chief is an administrative agency and subject to its rules. Among other issues, it means the chief is required to create written rules to determine who may/may not get a license, and those rules must be filed w/the Lt. Governor's office. Last time I checked was awhile ago in connection w/my case; none of the chiefs had fulfilled their duties under HAPA. My case was 'easier' in the sense that Maui's police chief hadn't bothered to come up w/anything written at all, just universal denial for anyone applying for a CCL.
Complaining that the legislature wasn't specific enough in HRS 134-9(b) is a sideshow and may provide the court a way out. The chief "shall adopt procedures" means written rules and regs filed w/the Lt. Governor.
Whoever is doing the lawsuit needs to really understand HAPA and its value in this case (that is, other than the obvious fact the statute operates as a total ban on concealed carry, if only because it doesn't allow open OR concealed carry w/o a license which is never given). The statute is unconstitutional on its face, as I got Judge Kay to admit (reluctantly, I'm sure!):

"The court finds that two issues addressed in [this] Court's Order adopting the Magistrate's Findings and Recommendations for the Writ of Habeas Corpus to be Dismissed meet the required showing under 28USC 2253(c)(3): (1) that [HRS]134-6 is unconstitutional under the Hawaii and [US] Constitutions, and (2) [HRS] chapter 134 invalid because implementing rules and regulations were not adopted in accord with the procedures required by the statute and the Hawaii Administrative Procedures Act. Accordingly, the Court GRANTS the certificate of appealability as to these issues." IT IS SO ORDERED. May 8, 2003, U.S. District Court Judge Alan C. Kay""

I initiated Mendoza II during the pendancy of Mendoza I. The long and the short of it is that I had MPD, the state AG and this worthless, oppressive statute cold, but the courts were too cowardly and dishonest to admit it in the end. The US Supreme Court simply decided to not hear the case, which basically means a million Citizens in Hawaii can't live like Americans, and I remain a paper felon for claiming and exercising a Constitutional right.
Oh, I was also BANISHED from the state for five years, but the courts didn't address that issue either.

I'd be happy to help and make my info available for this effort. For myself, I get one more shot under habeas corpus to overturn my conviction- and terminate this worthless law. Any serious lawyer(s) out there that understands the issue? We may even be able to join the cases if his attorney(s) are willing.

For what it is worth, after years of effort, my conclusion is that Hawaii is less a state and more a Third World Country with an American flag.

Yours for Liberty, Marc Mendoza

 

[Marc Mendoza]

P.S.: 9th and 14th Amendment Support

Too important to leave out:
If only because the courts have given us so little support re incorporating the 2nd Am under the 14th Am (or including it, as it clearly should be, under the 9th and 10th Amendments), I'd humbly suggest incorporating the support we've got from a separate and co-equal branch of gov't, namely the Senate Report on the 2nd Am as well as the Firearm Owners Protection Act (FOPA). Both those declarations @ the federal level support our arguments re the 9th, 10th and 14 Amendments, and carry the weight of an entire branch of gov't.

When I went through the 9th Circuit, they just brushed the 9th and 10th Ams aside.