Young Opening Brief Filed

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  • Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,367
    SoMD / West PA
    I wonder how much arm twisting Frosh will do to keep Hawaii from petitioning for cert, just like he did with DC in Wrenn?
     

    swamplynx

    Active Member
    MDS Supporter
    Jul 28, 2014
    678
    DC
    This will have no bearing in regards to national reciptocity (that's a US Legislature thing) and no impact on MD.

    Not directly, but in the future it could. Thanks to Obergefell v. Hodges (gay marriage), after 2A outside the home is ruled as a right (shall issue) through this or a similar case, there could very well be a follow on case under the 14A that a single cary license should be recognized across the land.
     

    Afrikeber

    Ultimate Member
    Jan 14, 2013
    6,689
    Urbana, Md.
    A lot of good 2A legal news coming from the lower courts lately. Would like to see SCOTUS do the same. Not aware of any 2A decisions that may be on thier plate soon but I’m getting anxious.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    It’ll be interesting to see if Hawaii can stand folks with guns on their hips, open carry. If the take the case as is. The 9th may sua sponte if HI doesn’t. A couple other options...

    Oh they'll ask for en banc. Thing is though since the whole en banc process takes forever in CA9 (unless they just decide they can't pull off the legal gymnastics and just deny it), we could easily have the NJ case already getting cert.

    In the event en banc is denied look for the state to combine the permits into a general carry permit (like MD) in the hopes people will just conceal.
     

    DC-W

    Ultimate Member
    Patriot Picket
    Jan 23, 2013
    25,290
    ️‍
    A lot of good 2A legal news coming from the lower courts lately. Would like to see SCOTUS do the same. Not aware of any 2A decisions that may be on thier plate soon but I’m getting anxious.

    Carry and banned items cases on each coast right now. Only a matter of time.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    A lot of good 2A legal news coming from the lower courts lately. Would like to see SCOTUS do the same. Not aware of any 2A decisions that may be on thier plate soon but I’m getting anxious.

    A NJ case is going to be out of the 3rd circuit any day now, so they will be petitioning SCOTUS this fall.
     

    BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,064
    南馬里蘭州鮑伊
    It’ll be interesting to see if Hawaii can stand folks with guns on their hips, open carry. If the take the case as is. The 9th may sua sponte if HI doesn’t. A couple other options...

    Here's the crux my visions of the alternative futures:
    Large numbers of people will habitually open carry, making it infeasible to harass them into leaving their guns at home, and eventually making open carry a routine non-event;

    -------OR--------​

    A small minority will open carry, making it a one-off fluke to be driven underground by the hysterical Liberal majority of the population and tourists' attacks of vapours and screams of horror.

    I foresee nothing in between.

    And tip o'the hat to wolfwood. You done great!
     

    DivingDriver

    Ultimate Member
    MDS Supporter
    Jan 14, 2016
    1,514
    Nanjemoy MD
    Amazing, post number 8 and he had it nailed! Well done !!:party29:



    This is the whole docket


    http://michellawyers.com/young-v-hawaii/

    Please read the supplemental brief we file after Peruta that is a lot better done than the opening brief. I grew as a writer in the 4 years between that and the opening brief.

    http://michellawyers.com/wp-content....-Hawaii_Appellants-Supplemental-Brief_87.pdf

    Arguments are in Hawaii in Feb. 12 2017

    Our position is that we don't care what type of carry we get but based on Peruta the only type we can get is open.

    Hawaii is essentially a complete ban and my client asked for either open or concealed carry. I don't see how the Ninth rules against me without widening the current circuit split.
     

    swamplynx

    Active Member
    MDS Supporter
    Jul 28, 2014
    678
    DC
    Oh they'll ask for en banc. Thing is though since the whole en banc process takes forever in CA9 (unless they just decide they can't pull off the legal gymnastics and just deny it), we could easily have the NJ case already getting cert.

    In the event en banc is denied look for the state to combine the permits into a general carry permit (like MD) in the hopes people will just conceal.

    Since this is binding for the entire 9CA, what is Commiefornia going to do in the meantime while they are waiting with their fingers crossed for a en banc reversal???
     

    krucam

    Ultimate Member
    Since this is binding for the entire 9CA, what is Commiefornia going to do in the meantime while they are waiting with their fingers crossed for a en banc reversal???

    It is binding but no law has been stricken yet. It was remanded back to Hawaii District Court with instructions to follow the Circuit ruling. That ruling is binding but folks in CA will need another suit filed at District level, citing the Circuit ruling, to undo a CA statute.

    This all presumes the ruling stands...
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,878
    WV
    Since this is binding for the entire 9CA, what is Commiefornia going to do in the meantime while they are waiting with their fingers crossed for a en banc reversal???

    Piss in their pants?

    If the en banc holds then Nichols should win his case. OC bans will be unconstitutional throughout the 9th Circuit, including California.
     

    krucam

    Ultimate Member
    Can Hawaii just grant permit to Young to make this go away?

    Sent from my SM-G955U using Tapatalk

    No, the Hawaii Statute is Unconstitutional...

    Young has indeed stated a claim that section 134-9’s limitations on the issuance of open carry licenses violate the Second Amendment.22

    REVERSED as to the County, DISMISSED as to the State,23 and REMANDED for further proceedings consistent with this opinion.24
     

    Peaceful John

    Active Member
    May 31, 2011
    239
    Each time you stand before the Courts, the easier it will be for you. Keep up the good work. I look forward to seeing you stand before the SCoUS some day.

    Forget standing before them. At this point they should kneel before Wolfwood.

    I remember when Wolfwood first posted about Young in early 2013. I thought then that here was a youthful lawyer stepping beyond his natural limits. You know that cartoon of the mouse flipping off the swooping hawk? Like that. But in a short time Wolfwood began winning, sometimes in a minor way and sometimes bigly (Young being bigly.)

    A 9th CA panel stating that the 2A protects open carry? No lawyer has ever done that before. Bigly, indeed.
     

    krucam

    Ultimate Member
    Forget standing before them. At this point they should kneel before Wolfwood.

    I remember when Wolfwood first posted about Young in early 2013. I thought then that here was a youthful lawyer stepping beyond his natural limits. You know that cartoon of the mouse flipping off the swooping hawk? Like that. But in a short time Wolfwood began winning, sometimes in a minor way and sometimes bigly (Young being bigly.)

    A 9th CA panel stating that the 2A protects open carry? No lawyer has ever done that before. Bigly, indeed .

    Where is a Like button?
     

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