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Hawaii Gets Sued

Never heard of the plaintiffs before, so I hope they know what they are doing. Our expert Second Amendment litigators often remind us the biggest threats are from ill considered suits brought forward by amateurs at best, and kooks at worst. Not saying that’s the case here, but always something to watch out for when you see new suits being filed. Looking at the actual suit, it doesn’t look bad. Given that, I wish them luck.

UPDATE: I apologize for the Scribd link. I hate Scribd with a white hot passion, and really wish people wouldn’t use it. Most browsers can handle a direct link to a PDF just fine.

9 Responses to “Hawaii Gets Sued”

  1. Matthew Carberry says:

    Hawaii is definitely the outlier on carry in the 9th Circuit. Given the wins Calguns et al are getting county by county defining Cali “may issue” broadly, they are the “Illinois of the West”. The only other “issue in name only” statewide regimes left are the usual suspects on the East coast.

  2. Matthew Carberry says:

    I would also note that one of the attorneys is named Alan, which is always a good sign. =)

  3. Kevin says:

    You are not alone in your hatred of Scribd. I run noscript, so I just ignore links to scribd as I can’t see anything without allowing half the internet to send me flash and stuff.

  4. Sebastian says:

    I especially hate that I have to sign in to download the document. I don’t want to create an account on that site, or give them my FB info.

  5. JR says:

    I find the lack of case citations disturbing. Do the rules of that court not require cites? Or is it a legal tactic?

  6. David says:

    I sure hope this group has its act together. All these little splinter groups seem to think filing a lawsuit is the goal and not winning and making case law or getting existing laws tossed. Bitch as much as you want about the NRA, but patience pays off with big wins that were funded by the NRA.

  7. John A says:

    Unfortunate “explanation” –

    Hawaii is a “may issue” rather than “shall issue” state, which means that police chiefs that provide concealed and open carry firearms permits may issue them at will. This is different than shall issue states, where the government must provide concealed carry permits so long as the applicant passes all background checks and has no history of mental illness.

    Implication is Hawaii is easier in that carry permits may be issued to people in mental institutions, without background checks. I very much doubt that.

  8. terraformer says:

    “I find the lack of case citations disturbing. Do the rules of that court not require cites? Or is it a legal tactic?”

    JR, this is a complaint. Once served, the complaint will need to be backed up by a motion for summary judgement or injunction (the complaint says an injunction is being sought so expect a preliminary injunction to be filed) which will have “citations”, the lack thereof you lament.

    The likely path forward on this is a MTD (motion to dismiss) will be filed by the Honolulu CLEO and the plaintiff will cross motion refuting the MTD and motioning for preliminary and permanent injunction as well as file a MOP (memo of points) in support of the cross motion and PI. This will happen between now and the scheduling conference.

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