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Old February 16th, 2013, 08:01 AM #1
wolfwood wolfwood is offline
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Young Opening Brief Filed

So I took over a pro se case coming out of Hawaii awhile back. I filed the opening brief today. It has not been approved by the Court yet. It is with a bit of trepidation that I post this. I spent a lot of time on this and I figured I'd post this and give anyone that needs notice of this notice.

http://www.scribd.com/doc/125758371/...f-George-Young

I am hoping to establish 3 basic things in this case that was not covered in our appeal in Baker.

1) a rifle is a protected class of arms
2) a shotgun is a protected class of arms
3) a knife is a protected class of arms.
All three were mentioned as protected arms Heller but in dicta. Heller II ruled long arms in general are protected but did not establish rifles and shotguns are two separate class of arms.
In Hawaii there is no means to carry a long arm for lawful self defense outside the home. I argue that there must be one for both rifles and shotguns.

In Hawaii there is a complete ban on switchblades and butterfly knives even inside the home. I argue strict scrutiny should apply to a prohibition on a type of protected arm inside the home. Switchblades are a form of knife. There is no compelling reason to ban them inside the home. If this works there is a bit of a broader implication to the notion a complete ban inside the home on a type of arm gets strict scrutiny.

Much of it is like the Baker appeal. I also challenge the CCW law and Taser ban as well.

My client while acting as a pro se plaintiff was dismissed on a motion to dismiss due to there being no right to carry outside the home.
He asked in his complaint for a injunction of the entire Hawaii weapons chapter and a 3 year weapons permit which he defined as any weapon of offense including any firearm, taser, switchblade etc. He brought this suit under 1983, 1331, 1343 and sued both the State and Count. The lower court decision can be found here.
http://ia701500.us.archive.org/23/it...04146.42.0.pdf

Anyway I hope its okay. Answering Brief is due on April 25th. I have 14 days to file a reply. I spent a lot of time on it so I am excited and nervous about it at the same time.

Last edited by wolfwood; February 16th, 2013 at 11:28 AM.
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Old February 16th, 2013, 08:06 AM #2
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This will be an interesting case, if the first hurdle of acceptance is overcome.

It would be great to tell the gun grabbing politicians, they were wrong.
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Old February 16th, 2013, 11:39 AM #3
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If SCOTUS picks up Kachalsky, I bet this case gets put on ice until the opinion is released. Hopefully your road will be much easier as a result.
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Old February 18th, 2013, 07:01 AM #4
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Quote:
Originally Posted by press1280 View Post
If SCOTUS picks up Kachalsky, I bet this case gets put on ice until the opinion is released. Hopefully your road will be much easier as a result.
That is the hope. What is the general consensus on when this will be decided and on the odds of this occurring? Any SCOTUS blogs or professors with predictions? What is the estimated date the Richards/Peruta/Baker decisions are coming out?
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Old April 11th, 2013, 06:57 PM #5
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Les off here gave me a lot of help on this

http://www.scribd.com/doc/135446419/...otino-to-Stike

http://www.scribd.com/doc/135411305/...al-Brief-1-pdf

Filed clerk order (Deputy Clerk: CAG): The appellees’ motion to strike, the appellant’s response thereto, the appellant’s motion to file a supplemental brief, the proposed supplemental brief, and shall be referred for disposition to the panel that considers the merits of the appeal. [8587769] (AF)

Last edited by wolfwood; April 12th, 2013 at 06:04 PM.
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Old December 4th, 2017, 06:32 PM #6
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OK, so there may be a more recent thread but I couldn't find it. Young is up for oral arguments at CA9 February 12th, 2018: https://www.ca9.uscourts.gov/calenda...aring=February - Honolulu Bankruptcy Courthouse Hawaii&dates=12,13, 15,16&year=2018

Hopefully Wolfwood will get us up to speed. I believe this is now strictly an open carry case in Hawaii since Peruta foreclosed any CCW challenge.

Side note: on a lot of the 9th Circuit oral arguments, I see that they are pulling in a number of District court judges who aren't even in the 9th Circuit. Might be interesting.
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Old December 14th, 2017, 09:21 PM #7
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Quote:
Originally Posted by press1280 View Post
Hopefully Wolfwood will get us up to speed. I believe this is now strictly an open carry case in Hawaii since Peruta foreclosed any CCW challenge.
It's reasonable that this might reach SCOTUS late 2018, when there might be a second Trump Justice. What a kick if, because of Wolfwood, open carry becomes the enumerated right!
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Old December 14th, 2017, 11:21 PM #8
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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/...l-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.
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Old December 15th, 2017, 07:02 PM #9
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Open carry everywhere would be Huge because if that happens all the states with restricted CCW will roll over because not seeing guns is "better" than seeing them.
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Old December 15th, 2017, 07:11 PM #10
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Isnít Nichols open carry case having Oral Arguments at CA9 in February as well?
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