Baker v Kealoha ~ Hawaii Right to Carry

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    press1280

    Ultimate Member
    Jun 11, 2010
    7,920
    WV
    The calendar shows the panel for Baker, Richards, and Peruta:

    O'Scannlain (Reagan Nominee)
    Thomas (Clinton Nominee)
    Callahan (Bush 43 Nominee)

    For those that don't know Conseulo Callahan, read this clip from the NRA's website:

    Last fall, a three-judge panel of the San Francisco-based court reinstated a wrongful death lawsuit against the firearm industry that had been previously tossed out by a Los Angeles federal judge before it went to trial. The suit, Ileto v. Glock, seeks to blame Glock and others for the horrendous criminal actions of deranged white supremacist Buford Furrow. In 1999, Furrow shot and killed postal worker Joseph Ileto, and wounded three children at a Jewish Community Center in Grenada Hills, California, after illegally acquiring firearms. What is not often reported is that, while a Glock pistol was used in Furrow`s heinous crime, the gun was originally sold to a police department, which subsequently sold it to a licensed dealer, who in turn sold it to a collector, who finally sold it to Furrow. Glock is being targeted but did nothing illegal.

    Following last fall`s decision, Glock asked that the full court reconsider the ruling. Last week, the full court voted to allow the suit to proceed. Significantly, eight of the judges dissented. In writing the dissent, Judge Consuelo Callahan said, "The potential impact of the panel`s decision is staggering. Any manufacturer of an arguably dangerous product that finds its way into California can be hauled into court in California to defend against a civil action brought by a victim of the criminal use of that product." Drawing an obvious conclusion, Judge Callahan went on to say, "Thus, General Motors would be sued by someone who was hit by a Corvette that had been stolen by a juvenile."

    O'Scannlain is the same from the various Nordyke cases, and supported incorporation of the 2A to help set up a circuit split to get McDonald to SCOTUS.
     
    esqappellate

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    press1280 said:
    The calendar shows the panel for Baker, Richards, and Peruta:

    O'Scannlain (Reagan Nominee)
    Thomas (Clinton Nominee)
    Callahan (Bush 43 Nominee)

    For those that don't know Conseulo Callahan, read this clip from the NRA's website:

    Last fall, a three-judge panel of the San Francisco-based court reinstated a wrongful death lawsuit against the firearm industry that had been previously tossed out by a Los Angeles federal judge before it went to trial. The suit, Ileto v. Glock, seeks to blame Glock and others for the horrendous criminal actions of deranged white supremacist Buford Furrow. In 1999, Furrow shot and killed postal worker Joseph Ileto, and wounded three children at a Jewish Community Center in Grenada Hills, California, after illegally acquiring firearms. What is not often reported is that, while a Glock pistol was used in Furrow`s heinous crime, the gun was originally sold to a police department, which subsequently sold it to a licensed dealer, who in turn sold it to a collector, who finally sold it to Furrow. Glock is being targeted but did nothing illegal.

    Following last fall`s decision, Glock asked that the full court reconsider the ruling. Last week, the full court voted to allow the suit to proceed. Significantly, eight of the judges dissented. In writing the dissent, Judge Consuelo Callahan said, "The potential impact of the panel`s decision is staggering. Any manufacturer of an arguably dangerous product that finds its way into California can be hauled into court in California to defend against a civil action brought by a victim of the criminal use of that product." Drawing an obvious conclusion, Judge Callahan went on to say, "Thus, General Motors would be sued by someone who was hit by a Corvette that had been stolen by a juvenile."

    O'Scannlain is the same from the various Nordyke cases, and supported incorporation of the 2A to help set up a circuit split to get McDonald to SCOTUS.
    Click to expand...


    Three very good judges. They did well on the panel draw.
     
    esqappellate

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    press1280 said:
    Can't find a whole lot on Judge Thomas other than he's from Montana and is considered,"moderate".
    Click to expand...

    I have been before Judge Thomas twice and won twice (once quite recently). He adhered to the letter of the law both times. He resisted the "feel good" result advocated by liberal groups and the state of California. He will play it straight. More than that, one cannot reasonably ask.
     
    W

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    Hi guys as the Ninth has not reached a decision yet. Woolard notice from City and my response. I know its normally a letterhead but other than this stuff Rick and I are just friends using either of our letterheads would not work out. I also don't live in Hawaii anymore so it would look weird.

    http://www.scribd.com/doc/133052735/Notice-Woolard-From-Ms-Van-Aken

    http://www.scribd.com/doc/133047408/Response-to-Woolard-Notice-of-Supplemental-Authority

    THIS IS FOR A DIFFERENT CASE I just was posting anyway and thought you guys would like it.
    since I am here just in case you guys ever wondered if there is evidence that short barrel shotguns have a use in a militia here ya go. This took forever to get and to be fair its was written by the army. However as the Commandant endorsed it I hope that this is accepted despite its dubious origin. Hilo has never responded to these but since their month to start writing has started i am done.



    http://www.scribd.com/doc/132670182/Filed-Notice-Shot-Barrel-Shotguns
     
    Last edited:
    P

    press1280

    Ultimate Member
    Jun 11, 2010
    7,920
    WV
    It's laughable that HI thinks that simply giving a carry permit to the HPD armorer (and basically no one else) is so much different than what is currently in place in IL.
     
    M

    Maestro Pistolero

    Active Member
    Mar 20, 2012
    876
    Why is a notice of supplemental authority vis a vi the military efficacy of short barreled shotguns helpful in this carry case?
     
    Inigoes

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,600
    SoMD / West PA
    Maestro Pistolero said:
    Why is a notice of supplemental authority vis a vi the military efficacy of short barreled shotguns helpful in this carry case?
    Click to expand...

    "Common Use"

    If one proves an SBS is in common use in the military, it is protected by the 2A.

    The Miller SCOTUS opinion circa 1939-ish held that a sawed off shotgun was not protected by the 2A.
     
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