Ninth Circuit Makes Hawaii a Shall-Issue State

The Truth About Guns ^ | March 20, 2014 | Dan Zimmerman

[JerseyanExile]

The Peruta dominos continue to fall. In an earlier decision in Baker v Kealoha, a District Court refused to rule in favor of the plaintiff, Christopher Baker. Baker had moved for an injunction against various Hawaii state agencies that had denied him a carry license. As a Ninth Circuit panel summed up the District Court’s rationale, the District Court denied the motion because, “Baker was not likely to establish that Hawaii’s restrictions on carrying firearms in public were unconstitutional under the Second Amendment, and therefore, Baker was not likely to succeed on the merits.” But that was pre-Peruta . . .

Today, though, a Ninth Circuit panel has ruled that,

In light of our holding in Peruta, the district court made an error of law when it concluded that the Hawaii statues did not implicate protected Second Amendment activity. Accordingly, we vacate the district court’s decision denying Baker’s motion for a preliminary injunction and remand for further proceedings consistent with Peruta.

So while there are still some formalities involved, the Peruta decision that is transforming California appears likely to have the same effect on the Aloha State. Just another day in paradise.

[rjsimmon]

Wow. Whodda thunkit given the 9th Circus’ propensity to mess up constitutional law?

[TigersEye]

The Dem/libs have been engaging in a steady push to infringe on our right to keep and bear arms for decades. And this is how it has been working out for them in the last two decades...

• The percentage of Americans who own guns has increased.
• The percentage of Americans who believe we have a right to own guns has increased.
• The number of guns owned per gun owner has increased.
• The amount of ammunition possessed per gun owner has increased.
• Concealed carry laws have spread from state to state like wildfire.
• Castle Doctrine laws have been passed in numerous states.
• Stand Your Ground laws have been passed in many states.
• Gun rights lobbying groups have become a cottage industry unto themselves sprouting up like mushrooms after a rainstorm.
• In the worst economy since the Great Depression the firearms industry can't keep up with orders or expand fast enough.
• 65.4 Million Guns Bought Since Obama Took Office, 91% More Than Bush's First-Term Total
• 46,455 Background Checks For Gun Purchases Each Day Under Obama

And in the last two months... (Nov. 2012 and Dec. 2012)

• Americans Buy Enough Guns in Last Two Months to Outfit the Entire Chinese and Indian Armies
• NRA membership has increased by 250,000. (Jan. 2013)

And it continues...

• NRA Surges to Record 5 Million Members (May 4, 2013)

And there is more...

• FBI Report: Early 2013 Crime Decrease Coincides with Gun Sales Boom

MOLON LAVE! WE'LL BUY MILLIONS MORE. ;-)

[Vaquero]

does someone have a translation? I don’t bottom feed.

[Carl Vehse]

Two patriotic decisions in a row on the Second Amendment from the Ninth Circus Court? What’s the catch?!?

[Drill Thrawl]

Two patriotic decisions in a row on the Second Amendment from the Ninth Circus Court? What’s the catch?!?

I know right. I feel like I'm being punk'd

[VA_Gentleman]

The 9th Circus rules correctly on 2nd amendment issues every now and then.

[Bloody Sam Roberts]

...the district court made an error of law when it concluded that the Hawaii statues did not implicate protected Second Amendment activity.

What statues? King Kamehameha?

[bunkerhill7]

You left out:

The number of Americans purchasing drones for armed airborne laser polyrifle and micro-AGM missile platforms has climbed to 60,000 annually

[tomkat]

Is the 9th Circus undergoing a psychotic break ?

[hadaclueonce]

Is the 9th Circus undergoing a psychotic break ?

Maybe sober?

[afsnco]

I keep waiting for them to try to pass mandatory psyche evals for all gun owners, and they basically predetermine that if you like/want guns, you’re psychotic. A leftist’s wet dream.

[bunkerhill7]

Total 2013 USA sales from one drone manufacturer alone,to the general public, was over 500,000 drones/

[CrazyIvan]

“You left out:The number of Americans purchasing drones for armed airborne laser polyrifle and micro-AGM missile platforms has climbed to 60,000 annually”

And phased plasma rifles in the forty watt range.

[tomkat]

Maybe sober?

And these two recent decisions were written while in Dhimmicrat Tremens ?

[TigersEye]

I couldn’t list everything or I’d have carpal-tunnel syndrome.

[JimRed]

Which circus has to do the same for New Jersey?

[NoCmpromiz]

Which circus has to do the same for New Jersey?

NJ is in the Third Circus. New York is Second Circus.

Court Locator

[marktwain]

“Two patriotic decisions in a row on the Second Amendment from the Ninth Circus Court? What’s the catch?!?”

Actually, it is three. All are based on the three judge panel decision in Peruta v. County of San Diego.

The court is currently deciding whether to allow an en banc panel to review Peruta. If it does, all three decisions are up in the air.

If Peruta is appealed to the Supreme Court, all three decisions are up in the air.

If the Supreme Court takes a “Carry outside the home” case, and folds the Peruta case into it, all three decisions are up in the air.