Young Opening Brief Filed

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  • Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,530
    SoMD / West PA
    Wow. Sounds familiar.


    "Furthermore, it is undisputed that Hawaii law authorizes private citizens to obtain concealed-carry permits."

    Because Hawaii knows the CA9 already said that concealed carry is not part of the 2A right.

    As long as the argument contains open carry, Hawaii has to fight harder.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Hawaii Attorney General’s recently rendered Opinion 18
    -1 utterly fails to provide any reference to Hawaii County, or any other county, ever actually issuing an open carry permit to a non-security-guard citizen. See HFCAdd-19.

    With Opinion 18-1 the State of Hawaii and the County of Hawaii, through the State, attempt to convince this Honorable Court that HRS §134-9 and Hawaii County Police Department Rules and Regulations Governing the Issuance of Licenses to Carry Concealed and Unconcealed Weapons currently, and historically, allow the issuance of carry permits to non-security-guard citizens. However, curiously, the State fails to include any reference to open carry permits to non-security-guards that were actually issued over the past 20 years.
    See HFCAdd-19. This secret, undisclosed, undocumented number of open carry permits issued in Hawaii County is apparently zero, or so low that divulgence now would undermine their specious argument that HRS §134-9 is not a total ban on the issuance of carry permits to non-security-guard citizens


    :lol:

    That was a great brief.
     

    press1280

    Ultimate Member
    Jun 11, 2010
    7,912
    WV
    Amicus Briefs Got filed. Spent all day in Court so I haven't had a chance to read them.
    ]
    https://www.scribd.com/document/393633915/Young-SAF-Amicus-Brief


    https://www.scribd.com/document/393634322/Young-GOA-Amicus-Brief

    https://www.scribd.com/document/393634538/Young-HRA-Brief

    If you only read one read the last one. It gives you a lot of insight into the Big Island.

    https://www.scribd.com/document/393634673/Young-HFC-Brief

    Looks like some of the big boys (SAF) are now taking notice and getting on board. Better late than never.

    The briefs are very good. The 9th Circuit anti judges must be thinking,"We don't want open carry but this case is a sure loser."
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,963
    Fulton, MD
    I have no doubt 9CA will find a way through twisted, tortured logic to deny it.

    I'm thinking you'd better brush up on orals before The 9 sitting at 1 First NE... Full on bans seem to get SCOTUS attention.

    Sent from my SM-G965U using Tapatalk
     

    GlocksAndPatriots

    Banned
    BANNED!!!
    Aug 29, 2016
    763
    Amicus Briefs Got filed. Spent all day in Court so I haven't had a chance to read them.
    ]
    https://www.scribd.com/document/393633915/Young-SAF-Amicus-Brief


    https://www.scribd.com/document/393634322/Young-GOA-Amicus-Brief

    https://www.scribd.com/document/393634538/Young-HRA-Brief

    If you only read one read the last one. It gives you a lot of insight into the Big Island.

    https://www.scribd.com/document/393634673/Young-HFC-Brief

    I actually think the last one sucks. It gives them an opening to say "May issue/No issue is fine in cities, but not in rural areas."
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    I just filed a sur-reply.. A surreply s a reply to their reply. I basically am asking permission to file the brief. Then I attached the brief I want to file.

    https://www.scribd.com/document/393822475/Young-Filed-Surreply

    I relief heavily on the information obtained by the Hawaii Firearms coalition through a series of UIPA request which is Hawaii's equivalent of the Freedom of Information Act.

    Please like their page on facebook and consider joining.

    http://hifico.org/

    https://www.facebook.com/hificoorg
     
    Last edited:

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    I just filed a sur-reply.. A surreply s a reply to their reply. I basically am asking permission to file the brief. Then I attached the brief I want to file.

    https://www.scribd.com/document/393822475/Young-Filed-Surreply

    I relief heavily on the information obtained by the Hawaii Firearms coalition through a series of UIPA request which is Hawaii's equivalent of the Freedom of Information Act.

    Please like their page on facebook and consider joining.

    http://hifico.org/

    https://www.facebook.com/hificoorg

    And your motion was granted!
    The following transaction was entered on 11/21/2018 at 2:40:05 PM PST and filed on 11/21/2018
    Case Name: George Young, Jr. v. State of Hawaii, et al
    Case Number: 12-17808
    Document(s): Document(s)

    Docket Text:
    Filed order (DIARMUID F. O'SCANNLAIN, RICHARD R. CLIFTON and SANDRA S. IKUTA) Defendants-Appellees’ motion for leave to file a reply in support of the petition for rehearing en banc, filed with this Court on November 15, 2018, is GRANTED. The reply shall be filed. Having requested leave to file a surreply, Appellant’s request is GRANTED. The surreply shall not exceed 3,000 words and shall be filed within 14 days of the date of this order. [11096620] (OC)
     

    motorcoachdoug

    Ultimate Member
    MDS Supporter
    And your motion was granted!
    The following transaction was entered on 11/21/2018 at 2:40:05 PM PST and filed on 11/21/2018
    Case Name: George Young, Jr. v. State of Hawaii, et al
    Case Number: 12-17808
    Document(s): Document(s)

    Docket Text:
    Filed order (DIARMUID F. O'SCANNLAIN, RICHARD R. CLIFTON and SANDRA S. IKUTA) Defendants-Appellees’ motion for leave to file a reply in support of the petition for rehearing en banc, filed with this Court on November 15, 2018, is GRANTED. The reply shall be filed. Having requested leave to file a surreply, Appellant’s request is GRANTED. The surreply shall not exceed 3,000 words and shall be filed within 14 days of the date of this order. [11096620] (OC)

    Congrats to you sir on a well written surreply and it being granted as well!!!:thumbsup::party29::you are indeed a :patriot:
     

    CrabcakesAndFootball

    Active Member
    Jun 14, 2017
    697
    Neal Katyal is being paid 185 thousand to defend young according to this fee schedule obtained through a UIPA request . Note he just came on for the en banc proceedings



    https://www.scribd.com/document/394467713/Roberts-Documents

    Always shocking to see what a broke state like Hawaii is willing to fork out to restrict its citizens’ constitutional rights. You’re the pro bono hero of this story (of course along with your co-counsel and client). I am very grateful, as I am sure are many others on this board. Keep rocking that white hat.
     

    wolfwood

    Ultimate Member
    Aug 24, 2011
    1,361
    Always shocking to see what a broke state like Hawaii is willing to fork out to restrict its citizens’ constitutional rights. You’re the pro bono hero of this story (of course along with your co-counsel and client). I am very grateful, as I am sure are many others on this board. Keep rocking that white hat.


    I am a metal fan and in light of all the lawyers they have working on this.
    It reminds me of this song.

    https://www.youtube.com/watch?v=sMMboHJJFPI
     

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,208
    so i do have a question, maybe it's been answered, but it is in regard to "end game"

    brief side note: as a delaware native, i've been watching the fight over guns in state parks, which included a complete ban, excluding certain specific limited hunting access.

    their court, DelSC, said unconstitutional, by state constitution.

    the state is going down swinging, still attempting to ban everything, loosing some of the challenges of bans in certain areas, but possibly getting others. the point is, they are going down swinging. (they = del, and it's dept's of agri and natural resources, 2 different depts under the state).

    back to young. and hawaii, and the9th saying concealed carry is a wrong (not a right, but a privilege).

    so, lets say they just change they the law, remove the reference to security guards and still do a nancy reagan... just say no! we never met a person with a valid reason.

    or, maybe issue 3 (yeah, i picked that number right out there), or some other number, along a "good and substantial" line. say, like maryland?

    you know that even if they loose, they're gonna go down swinging. at 7years per case, young started in ?2011, to 2018, how many iterations will it take as 7 years each?

    or could there be some kind of more immediate review if things have to change? if you win this case, will you get any kind of say in any rewrite of the law they are sure to attempt, leaving the ability to deny most, if not all?

    as a non-lawyer i observe things trying to understand them. i see the speed at which the law moves to inflict penalty on me when i am wrong is amazing!

    the speed of addressing .gov overreach is glacial. and the penalties when .gov is wrong, are 0. or usually seem to be.

    Neal Katyal is being paid 185 thousand to defend young according to this fee schedule obtained through a UIPA request . Note he just came on for the en banc proceedings



    https://www.scribd.com/document/394467713/Roberts-Documents
     
    Last edited:

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