Appeals court strikes down Hawaii gun law

[DadSmith]

Appeals court strikes down Hawaii gun law

The Associated Press LOS ANGELES — A federal appeals court ruled Tuesday that the Second Amendment protects the right to openly carry a gun in public for self-defense. The 9th U.S. Circuit Court of Appeals ruled 2-1 that Hawaii officials had violated George Young’s rights when he was denied a...

www.mauinews.com

https://storage.courtlistener.com/recap/gov.uscourts.hid.146729/gov.uscourts.hid.146729.107.0.pdf

A small win but still a win.

 

[foszoe]

9th circuit? Wow

 

[KellyinAvon]

Will SCOTUS take the case if they go en banc to bring in the Johnson appointees et al? That's what the antis are weighing now.

 

[maxwelhse]

Wow... Talk about an "Ok, if I have to, I guess I'll do it" statement.

“We do not take lightly the problem of gun violence, which the State of Hawaii ‘has understandably sought to fight,’ “ Judge Diarmuid O’Scannlain wrote. “But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”

Also, since I had to know... Hawaii has about half of the murders per capita that the US has and as literally the lowest rate of gun violence in America. Honolulu has the lowest gun violence rate of any major city in America.

If there was one place where the data suggests that having an armed populace isn't a problem, and maybe the issue with the violence is with the populace itself, it's Hawaii.

 

[rhamersley]

It’ll be overturned by the full court and then the supremes won’t touch it…

 

[KellyinAvon]

Wow... Talk about an "Ok, if I have to, I guess I'll do it" statement.



Also, since I had to know... Hawaii has about half of the murders per capita that the US has and as literally the lowest rate of gun violence in America. Honolulu has the lowest gun violence rate of any major city in America.

If there was one place where the data suggests that having an armed populace isn't a problem, and maybe the issue with the violence is with the populace itself, it's Hawaii.

The judge wants to keep getting invited to parties.

 

[MCgrease08]

Wow... Talk about an "Ok, if I have to, I guess I'll do it" statement.



Also, since I had to know... Hawaii has about half of the murders per capita that the US has and as literally the lowest rate of gun violence in America. Honolulu has the lowest gun violence rate of any major city in America.

If there was one place where the data suggests that having an armed populace isn't a problem, and maybe the issue with the violence is with the populace itself, it's Hawaii.

Anti gunners argue it's because of strict gun laws that the murder rate is so low.

 

[maxwelhse]

The judge wants to keep getting invited to parties.

Someone should tell him we have parties too.

I had to look the guy up and he claims to be a republican!

Anti gunners argue it's because of strict gun laws that the murder rate is so low.

If only we had maybe 10 or 15 other capital cities and super strict states to compare them to?

 

[04FXSTS]

“States like Hawaii and California will have to allow far more guns on the streets than they do today,” said Adam Winkler, a law professor at the University of California, Los Angeles. “States would be able to ban concealed carry but only if they allow people to carry their guns openly displayed.”

This sounds similar to how Illinois got concealed carry, never would have happened without a court decision. Federal court of appeals ruled the state of Illinois could ban concealed carry or the state could ban open carry but not both. Illinois now had the options of creating a concealed carry option or appeal to the USSC. There was one other option a lot of us wanted, if the state would NOT have passed a law by the deadline issued by the judge no one knew just what would have happened. Pro gun people wanted this to happen because we felt it would have nullified all laws that forbid carrying guns in public.
Obviously Illinois passed a CCW law at the last minute even though a lot of the democrats wanted to take it to the Supreme Court. The state was under a lot of pressure from the highly restrictive states such as Hawaii , California and New York. It was a very good case and the other states were afraid the USSC would uphold the decision.
It was still a close final vote and not until the final day. I remember a state rep from Chicago, Mary Flowers voting against the bill because " Too many of the people in my district will not be able to get a CCW because they are felons." Jim.

 

[DadSmith]

Anti gunners argue it's because of strict gun laws that the murder rate is so low.

Baltimore, Chicago, DC....

Did they forget those strict gun control cities and states they are in?

 

[Degtyaryov]

Wow, thats a real surprise coming from the 9th circus. A welcome one though.

 

[bgcatty]

I still cannot believe a ruling like this came out of the 9th Circuit. Just amazing.

 

[Timjoebillybob]

Wow... Talk about an "Ok, if I have to, I guess I'll do it" statement.

“We do not take lightly the problem of gun violence, which the State of Hawaii ‘has understandably sought to fight,’ “ Judge Diarmuid O’Scannlain wrote. “But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense.”

If you read the entire opinion, it comes across a bit differently than that cherry picked quote. Well parts of quotes to be exact they took sentences from two paragraphs to make that. And even if the judge disagrees with carry(and I have no evidence one way or another), I do have to give him props for the IMO correct decision. Even if it doesn't go as far as I might like it to, he applied it to the question at hand and did not overstep as an activist judge may have. What did Kavanaugh say during his hearings when asked if there were decisions he made that he didn't personally like? Something along the lines that if a judge didn't make decisions he didn't like he shouldn't be a judge, because then they were ruling from emotion/feelings rather than the law.

Here are the complete paragraphs.

" We do not take lightly the problem of gun violence, which the State of Hawaii “has understandably sought to fight . . . with every legal tool at its disposal.” Wrenn, 864 F.3d at 667. We see nothing in our opinion that would prevent the State from regulating the right to bear arms, for the Second Amendment leaves the State “a variety of tools for combatting [the problem of gun violence], including some measures regulating handguns.” Heller, 554 U.S. at 636.

But, for better or for worse, the Second Amendment does protect a right to carry a firearm in public for self-defense. We would thus flout the Constitution if we were to hold that, “in regulating the manner of bearing arms, the authority of [the State] has no other limit than its own discretion.” Reid, 1 Ala. at 616. While many respectable scholars and activists might find virtue in a firearms-carry regime that restricts the right to a privileged few, “the enshrinement of constitutional rights necessarily takes certain policy choices off the table.” Heller, 554 U.S. at 63"

 

[04FXSTS]

" What did Kavanaugh say during his hearings when asked if there were decisions he made that he didn't personally like? Something along the lines that if a judge didn't make decisions he didn't like he shouldn't be a judge, because then they were ruling from emotion/feelings rather than the law."

I believe it was Gorsuch that said that and I was impressed with that answer. IIRC it was a case he upheld the firing of a truck driver for breaking company rules. It was a really lousy deal for the truck driver and Gorsuch did not like the ruling but it followed the law that pertained to the case. Jim.

 

[Timjoebillybob]

" What did Kavanaugh say during his hearings when asked if there were decisions he made that he didn't personally like? Something along the lines that if a judge didn't make decisions he didn't like he shouldn't be a judge, because then they were ruling from emotion/feelings rather than the law."

I believe it was Gorsuch that said that and I was impressed with that answer. IIRC it was a case he upheld the firing of a truck driver for breaking company rules. It was a really lousy deal for the truck driver and Gorsuch did not like the ruling but it followed the law that pertained to the case. Jim.

The one I remember I'm pretty sure was Kavanaugh, I looked up what Gorsuch said and it wasn't the one I remember. Although I was impressed with his answer as well. Kavanaugh wasn't asked about a specific case, it was just a general question, along the lines of "do you dislike any decision you've made as a judge" sort of question.