Young v. Hawaii - Open Carry - 9th Circuit - Update 2.14.2019 - Court stayed case - Page 2

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[ARCHIVED THREAD] - Young v. Hawaii - Open Carry - 9th Circuit - Update 2.14.2019 - Court stayed case (Page 2 of 3)

Posted: 2/9/2019 1:00:52 AM EDT

[#1]

Unedited page 2 own and best of luck to Nolo!

Posted: 2/9/2019 1:05:15 AM EDT

[#2]

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Unedited page 2 own and best of luck to Nolo!

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51st post nails it.

Posted: 2/9/2019 2:50:11 PM EDT

[#3]

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Wasn’t Peruta also decided favorably, with some of the same judges as were on the Young panel, only to get killed en banc?

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Yes.

Posted: 2/11/2019 10:25:53 PM EDT

[#4]

Briefs printed and fedexed to court. State of Hawaii filed a motion for additional briefing tonight. Going to tell them no.

Posted: 2/11/2019 10:27:00 PM EDT

[#5]

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Briefs printed and fedexed to court. State of Hawaii filed a motion for additional briefing tonight. Going to tell them no.

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Tell Hawaii to take their judges and go to hell

Posted: 2/11/2019 10:34:00 PM EDT

[#6]

The state’s motion will be granted and it will cost another couple hundred dollars to print and ship after Alan and I spend a whole bunch of time drafting. I spent over 1k at fedex printing 88 copies of briefing, binding, and then finally shipping. Additional briefing is a waste of time and money.

Posted: 2/11/2019 10:37:23 PM EDT

[#7]

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Quoted:
The state’s motion will be granted and it will cost another couple hundred dollars to print and ship after Alan and I spend a whole bunch of time drafting. I spent over 1k at fedex printing 88 copies of briefing, binding, and then finally shipping. Additional briefing is a waste of time and money.

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I had no clue simple stuff costs so much in the legal game.

I'm ready for round 5.

Posted: 2/11/2019 10:43:47 PM EDT

[#8]

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Quoted:
I had no clue simple stuff costs so much in the legal game.

I'm ready for round 5.

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Quoted:

Quoted:
The state’s motion will be granted and it will cost another couple hundred dollars to print and ship after Alan and I spend a whole bunch of time drafting. I spent over 1k at fedex printing 88 copies of briefing, binding, and then finally shipping. Additional briefing is a waste of time and money.

I had no clue simple stuff costs so much in the legal game.

I'm ready for round 5.

Everything is expensive. Hang tight because when we go to San Fran to argue, we may need another round, we are stretching what we have to cover all the expenses and conserving where we can.

Posted: 2/11/2019 10:50:14 PM EDT

[#9]

9th has been considerably less batshit lately...largely, I suspect, because their outright thumbing of their collective noses at Heller et al almost guarantees pissing off SCOTUS.

The currently seated Supremes would almost certainly grant cert if the 9th gets out of line on this.

Enjoying the potential here.

Posted: 2/11/2019 10:50:42 PM EDT

[#10]

Quote History

Quoted:
Everything is expensive. Hang tight because when we go to San Fran to argue, we may need another round, we are stretching what we have to cover all the expenses and conserving where we can.

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Quoted:

Quoted:
The state’s motion will be granted and it will cost another couple hundred dollars to print and ship after Alan and I spend a whole bunch of time drafting. I spent over 1k at fedex printing 88 copies of briefing, binding, and then finally shipping. Additional briefing is a waste of time and money.

I had no clue simple stuff costs so much in the legal game.

I'm ready for round 5.

Everything is expensive. Hang tight because when we go to San Fran to argue, we may need another round, we are stretching what we have to cover all the expenses and conserving where we can.

It's on you to figure out your tax burden.

It's on me to create that problem.

Let's go.

Posted: 2/11/2019 10:52:39 PM EDT

[#11]

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Roberts is a tainted turncoat asshole. Do not rely on him in a 5/4 court, especially where RBG's assistants are writing her decisions for her.

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Fair. The question he asked, however, was where Roberts has screwed us on 2A related issues. What in his very broad history indicates to you that he doesn't hold a Strict view on the 2nd?

Posted: 2/12/2019 1:06:05 PM EDT

[#12]

Quote History

Quoted:
The state’s motion will be granted and it will cost another couple hundred dollars to print and ship after Alan and I spend a whole bunch of time drafting. I spent over 1k at fedex printing 88 copies of briefing, binding, and then finally shipping. Additional briefing is a waste of time and money.

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Let it draw out. Better chance Ginsberg will be replaced by the time it gets to SCOTUS.

Posted: 2/14/2019 2:51:29 PM EDT

[#13]

ugh.

En banc proceedings are stayed and submission of this case for decision by the en banc court is deferred pending the issuance of an opinion by the United States Supreme Court in New York State Rifle & Pistol Association, Inc. v. City of New York, No. 18-280 and further order of this Court.

Posted: 2/14/2019 3:55:58 PM EDT

[#14]

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Quoted:
ugh.

En banc proceedings are stayed and submission of this case for decision by the en banc court is deferred pending the issuance of an opinion by the United States Supreme Court in New York State Rifle & Pistol Association, Inc. v. City of New York, No. 18-280 and further order of this Court.

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This is frustrating for those of us waiting for some judicial relief. Always a long delay to maybe a baby step win at best.

Posted: 2/14/2019 4:01:36 PM EDT

[#15]

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Quoted:
This is frustrating for those of us waiting for some judicial relief. Always a long delay to maybe a baby step win at best.

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Quoted:

Quoted:
ugh.

En banc proceedings are stayed and submission of this case for decision by the en banc court is deferred pending the issuance of an opinion by the United States Supreme Court in New York State Rifle & Pistol Association, Inc. v. City of New York, No. 18-280 and further order of this Court.

This is frustrating for those of us waiting for some judicial relief. Always a long delay to maybe a baby step win at best.

But that means when NYSRPA is decided, the en banc applies that standard correctly or as fucked up as they can, and Young either declares victory for the entire 9th, goes right to the SC saying the en banc can't read for shit, or asks for a new ruling on carry.

Kharn

Posted: 2/14/2019 7:39:30 PM EDT

[#16]

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But that means when NYSRPA is decided, the en banc applies that standard correctly or as fucked up as they can, and Young either declares victory for the entire 9th, goes right to the SC saying the en banc can't read for shit, or asks for a new ruling on carry.

Kharn

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Quoted:

Quoted:
ugh.

En banc proceedings are stayed and submission of this case for decision by the en banc court is deferred pending the issuance of an opinion by the United States Supreme Court in New York State Rifle & Pistol Association, Inc. v. City of New York, No. 18-280 and further order of this Court.

This is frustrating for those of us waiting for some judicial relief. Always a long delay to maybe a baby step win at best.

But that means when NYSRPA is decided, the en banc applies that standard correctly or as fucked up as they can, and Young either declares victory for the entire 9th, goes right to the SC saying the en banc can't read for shit, or asks for a new ruling on carry.

Kharn

If NYSRPA goes our way the 9th will just say the 2A is limited to carrying an unloaded handgun in a locked container.

Posted: 2/14/2019 7:45:13 PM EDT

[#17]

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If NYSRPA goes our way the 9th will just say the 2A is limited to carrying an unloaded handgun in a locked container.

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Quoted:

Quoted:
ugh.

En banc proceedings are stayed and submission of this case for decision by the en banc court is deferred pending the issuance of an opinion by the United States Supreme Court in New York State Rifle & Pistol Association, Inc. v. City of New York, No. 18-280 and further order of this Court.

This is frustrating for those of us waiting for some judicial relief. Always a long delay to maybe a baby step win at best.

But that means when NYSRPA is decided, the en banc applies that standard correctly or as fucked up as they can, and Young either declares victory for the entire 9th, goes right to the SC saying the en banc can't read for shit, or asks for a new ruling on carry.

Kharn

If NYSRPA goes our way the 9th will just say the 2A is limited to carrying an unloaded handgun in a locked container.

Assuming the SC doesn't establish a standard for evaluating claims with strict scrutiny, or calls out improperly applied intermediate scrutiny (as used by the 2nd Circuit in NYSRPA).
If the 9th rules cased, unloaded carry is the only protected mode, Young then appeals directly to the Supreme Court.

Kharn

Posted: 2/14/2019 10:51:38 PM EDT

[#18]

This could be a good step

Posted: 2/15/2019 6:08:26 AM EDT

[#19]

Thanks Nolo

Posted: 2/15/2019 7:12:52 AM EDT

[#20]

Quote History

Quoted:
Everything is expensive. Hang tight because when we go to San Fran to argue, we may need another round, we are stretching what we have to cover all the expenses and conserving where we can.

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Quote History

Quoted:

Quoted:
The state's motion will be granted and it will cost another couple hundred dollars to print and ship after Alan and I spend a whole bunch of time drafting. I spent over 1k at fedex printing 88 copies of briefing, binding, and then finally shipping. Additional briefing is a waste of time and money.

I had no clue simple stuff costs so much in the legal game.

I'm ready for round 5.

Everything is expensive. Hang tight because when we go to San Fran to argue, we may need another round, we are stretching what we have to cover all the expenses and conserving where we can.

Which is why the dillos sell out faster than a "doorbuster" flat screen TV at Wal-mart on Black Friday.

Posted: 2/15/2019 7:27:11 AM EDT

[#21]

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Which is why the dillos sell out faster than a "doorbuster" flat screen TV at Wal-mart on Black Friday.

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Quoted:

Quoted:
The state's motion will be granted and it will cost another couple hundred dollars to print and ship after Alan and I spend a whole bunch of time drafting. I spent over 1k at fedex printing 88 copies of briefing, binding, and then finally shipping. Additional briefing is a waste of time and money.

I had no clue simple stuff costs so much in the legal game.

I'm ready for round 5.

Everything is expensive. Hang tight because when we go to San Fran to argue, we may need another round, we are stretching what we have to cover all the expenses and conserving where we can.

Which is why the dillos sell out faster than a "doorbuster" flat screen TV at Wal-mart on Black Friday.

I hope there is another round of the dillos. I am never fast enough to get in on this to help you out Nolo.

Posted: 2/22/2019 11:01:48 PM EDT

[#22]

https://www.ammoland.com/2019/02/stay-in-gun-case-against-hawaii-reminiscent-of-king-quote-on-justice-delayed/#axzz5gJsGQNxt

I filed a motion for reconsideration. It’s in the article.

Posted: 2/22/2019 11:11:25 PM EDT

[#23]

This is siege warfare.

Posted: 2/22/2019 11:21:23 PM EDT

[#24]

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I had to look it up. It's positive?

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Any time you see "9th Circuit" in reference to a 2nd Amendment issue, it's bad news.

Posted: 2/22/2019 11:32:03 PM EDT

[#25]

Quote History

Quoted:
The state's motion will be granted and it will cost another couple hundred dollars to print and ship after Alan and I spend a whole bunch of time drafting. I spent over 1k at fedex printing 88 copies of briefing, binding, and then finally shipping. Additional briefing is a waste of time and money.

View Quote

Go https://www.spinnprint.com/ and enter in your files and compare to Fedex. I use them often and have great results. Brett is the owner (I think) and will work with you. He has been great with us and we are a small business. Around 1/3 the cost of our local Fedex for most projects.

Posted: 2/22/2019 11:38:28 PM EDT

[#26]

fock those SOBs!

Posted: 2/22/2019 11:39:18 PM EDT

[#27]

9th Circus. Even Nolo doesn't stand a chance.

Posted: 2/23/2019 12:46:25 PM EDT

[#28]

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This is siege warfare.

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yep.

Posted: 2/28/2019 10:51:16 PM EDT

[#29]

Our motion for reconsideration was “DENIED”

No explanation. Just “DENIED”

Posted: 2/28/2019 10:53:32 PM EDT

[#30]

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Our motion for reconsideration was "DENIED"

No explanation. Just "DENIED"

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Keep up the fight brother and thanks for all you do.

Posted: 2/28/2019 10:54:48 PM EDT

[#31]

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Our motion for reconsideration was “DENIED”

No explanation. Just “DENIED”

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Posted: 2/28/2019 10:56:11 PM EDT

[#32]

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Keep up the fight brother and thanks for all you do.

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Quoted:
Our motion for reconsideration was "DENIED"

No explanation. Just "DENIED"

Keep up the fight brother and thanks for all you do.

I’m looking at what to do next. I think this is patently unfair to a good man.

Posted: 2/28/2019 10:56:49 PM EDT

[#33]

Posted: 2/28/2019 11:01:00 PM EDT

[#34]

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Quoted:
Our motion for reconsideration was “DENIED”

No explanation. Just “DENIED”

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Thanks for all your efforts and hard work.

Posted: 2/28/2019 11:07:35 PM EDT

[#35]

Posted: 2/28/2019 11:15:55 PM EDT

[#36]

The embarrassment continues...

There really are freedom-loving people here, we're just being muffled from all angles.

Thank you Nolo.

Posted: 3/1/2019 12:06:06 AM EDT

[#37]

So, on to appeal?

Posted: 3/1/2019 12:14:29 AM EDT

[#38]

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So, on to appeal?

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We are already on appeal. Hence the issue now.

Posted: 3/1/2019 12:15:28 AM EDT

[#39]

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The embarrassment continues...

There really are freedom-loving people here, we're just being muffled from all angles.

Thank you Nolo.

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Y’all are probably in the worst jurisdiction ever. Worse than NY. Worse than NJ. We will do everything we can to help.

Posted: 3/1/2019 12:17:21 AM EDT

[#40]

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So, on to appeal?

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It sounds like they are just plain refusing to hear the case (after staying the decision) and the only court higher than the 9th is the actual Supreme Court.

Posted: 3/1/2019 12:17:52 AM EDT

[#41]

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It sounds like they are just plain refusing to hear the case (after staying the decision) and the only court higher than the 9th is the actual Supreme Court.

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Quoted:
So, on to appeal?

It sounds like they are just plain refusing to hear the case (after staying the decision) and the only court higher than the 9th is the actual Supreme Court.

Yes.

Posted: 3/1/2019 12:21:03 AM EDT

[#42]

Trump has already put 3 judges on the 9th circuit, and another 4 are making their way through the Senate confirmation process. And there is one more vacancy after that.

At that point, Trump will have put more judges on the 9th circuit than Obama did in 8 years.

It still isn't enough to flip the balance, but if Trump is re-elected and the Senate stays Republican through 2024, I think the 9th will have more "R" judges and "D" judges.

Posted: 3/1/2019 12:22:50 AM EDT

[#43]

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Yes.

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So, on to appeal?

It sounds like they are just plain refusing to hear the case (after staying the decision) and the only court higher than the 9th is the actual Supreme Court.

Yes.

Well, you've got 30 days to draft your cert. petition appealing the stay.

Posted: 3/1/2019 12:25:25 AM EDT

[#44]

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Well, you've got 30 days to draft your cert. petition appealing the stay.

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Quoted:
So, on to appeal?

It sounds like they are just plain refusing to hear the case (after staying the decision) and the only court higher than the 9th is the actual Supreme Court.

Yes.

Well, you've got 30 days to draft your cert. petition appealing the stay.

We are weighing options. I’m just irritated.

Posted: 3/1/2019 12:43:02 AM EDT

[#45]

Is the 9th "trying"to force the SCOTUS to take up this issue now (as opposed to after the next Justice is replaced)?

As others have said keep up the good fight!

Posted: 3/1/2019 12:52:07 AM EDT

[#46]

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We are weighing options. I’m just irritated.

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Quoted:
So, on to appeal?

It sounds like they are just plain refusing to hear the case (after staying the decision) and the only court higher than the 9th is the actual Supreme Court.

Yes.

Well, you've got 30 days to draft your cert. petition appealing the stay.

We are weighing options. I’m just irritated.

As much as it sucks for your client, the easier path is probably just waiting out the stay for the NY case decision, and taking your en banc reversal back up to SCOTUS for a later bite at the apple. Getting an en banc decision now and filing a cert. petition on that crappy 9th cir. opinion without the benefit of the NY pistol club decision is just going to get you, at best, a vacated and remanded for reconsideration, and then you have to do it all over again.
But I'm not an appellate lawyer, so what do I know.