Hawaii SC says not right to carry!

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  • BeoBill

    Crank in the Third Row
    MDS Supporter
    Oct 3, 2013
    27,204
    南馬里蘭州鮑伊
    Wasn't the defendant in this case NOT a permit holder and all the HI court did was add flourishes to an easy decision?
    He was not a permit holder and did not bother to apply for one because at the time of his arrest Hawaii was not issuing permits. None. Nada. Zero. It's a logical mess...



     

    jc1240

    Ultimate Member
    MDS Supporter
    Sep 18, 2013
    15,002
    Westminster, MD
    I didn't watch any of the videos (yet), but I did look at the court ruling. Using my Internet lawyer hat, I think when they wrote that there isn't a constitutional right to carry, I THINK they mean permitless carry, not that there is no right at all.

    Everything around the many times they stated that, they reference the defendant not even submitting a permit application. And since he didn't try to get a permit which the Bruen decision allows, that is why they say the Bruen decision doesn't matter.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,260
    Outside the Gates
    I didn't watch any of the videos (yet), but I did look at the court ruling. Using my Internet lawyer hat, I think when they wrote that there isn't a constitutional right to carry, I THINK they mean permitless carry, not that there is no right at all.

    Everything around the many times they stated that, they reference the defendant not even submitting a permit application. And since he didn't try to get a permit which the Bruen decision allows, that is why they say the Bruen decision doesn't matter.
    Hawai'i says Bruen and HELLER are flawed: there is no right. Heller wasn't about carry it was about possession.
     

    RFBfromDE

    W&C MD, UT, PA
    MDS Supporter
    Aug 21, 2022
    12,750
    The Land of Pleasant Living
    I didn't watch any of the videos (yet), but I did look at the court ruling. Using my Internet lawyer hat, I think when they wrote that there isn't a constitutional right to carry, I THINK they mean permitless carry, not that there is no right at all.

    Everything around the many times they stated that, they reference the defendant not even submitting a permit application. And since he didn't try to get a permit which the Bruen decision allows, that is why they say the Bruen decision doesn't matter.
    Yes.

    The idiotic flourishes are just for giggles.

    They are supposed to do that at Happy Hour.

    Not during work hours.
     

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,242
    the quote of their logic is the money shot imo.

    that said, I don’t think the guy involved would be the ideal poster boy for a pro2a case

    And that said, this possession thing happened when their issue scheme (all negative connotations of the word scheme) was … it’ll be a cold day in Honolulu before we give you a permit. iirc, from 2017... and he could have applied all he wanted, he wasnt getting a permit. Period
     

    delaware_export

    Ultimate Member
    Apr 10, 2018
    3,242
    this all occurred pre bruen, and may but WILL NEVER ISSUE! to common people was their permitting scheme. but yes, he did not apply.

    recurring themes were, pre bruen, you must apply for a permit, spend time and money, just so we can tell you to take a hike.

    I didn't watch any of the videos (yet), but I did look at the court ruling. Using my Internet lawyer hat, I think when they wrote that there isn't a constitutional right to carry, I THINK they mean permitless carry, not that there is no right at all.

    Everything around the many times they stated that, they reference the defendant not even submitting a permit application. And since he didn't try to get a permit which the Bruen decision allows, that is why they say the Bruen decision doesn't matter.
     

    Mark75H

    MD Wear&Carry Instructor
    Industry Partner
    MDS Supporter
    Sep 25, 2011
    17,260
    Outside the Gates
    The HSC doesn’t harp on no standing, they say Heller and Bruen are wrong and that is the basis of their decision. Their chances at the top would be better if they just concentrated on standing
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    31,004
    SCOTUS will love this tidbit:

    Long ago, the Hawaiʻi Supreme Court announced that an “opinion of the
    United States Supreme Court . . . is merely another source of
    authority, admittedly to be afforded respectful consideration,
    but which we are free to accept or reject in establishing the
    outer limits of protection afforded by . . . the Hawaiʻi
    Constitution.”
     

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