U.S.A. – -(Ammoland.com)- “This petition presents the same issue presented in New York State Rifle & Pistol Association, Inc., v. Corlett … Like the New York statutory scheme at issue in NYSRPA, Hawaii maintains a statutory scheme that denies permits to ordinary law-abiding persons who seek to carry a firearm (openly or concealed) outside the home for self-defense,” attorneys Alan Beck and Stephen Stamboulieh argue in a Petition for Writ of Certiorari filed Tuesday in the Supreme Court of the United States. “Indeed, unlike the New York scheme, where some permits actually have been issued, Hawaii’s scheme is a permitting system in name only, because the statute has been used to deny all permit applications during the nine years this case has been in litigation.”
The case is Young v. Hawaii, an in-your-face denial of the right to bear arms covered extensively by AmmoLand Shooting Sports News. George Young, a native Hawaiian and Vietnam infantry veteran has been trying since 2007 to have his right to carry either openly or concealed recognized, having filed three federal lawsuits (this case is his third) over the state’s deliberately unused handgun carry law. In March, an 11-judge panel of the Ninth Circuit Court of Appeals struck down an earlier ruling that Hawaii’s firearm restriction was unconstitutional, declaring “There is no right to carry arms openly in public; nor is any such right within the scope of the Second Amendment.”
“The Ninth Circuit’s opinion, which finds the Second Amendment right does not apply outside the home at all, contradicts the decisions of every federal circuit court in the country that has ruled on this issue,” attorney Beck told Courthouse News after the decision was handed down. “We will be seeking Supreme Court review in order to overturn the Ninth Circuit’s erroneous decision.”
Here is the petition:
After procedural responses, we will see if SCOTUS takes on the case or denies it without a word in another act of deliberate indifference — the Roberts court has disappointed in the past. Questions about the Chief Justice have eroded confidence in the courts being a venue where recourse for gun owners is possible.
Add to that questions about the new judges added by Donald Trump, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. When are we going to see some of that pro-Second Amendment fidelity our national “gun advocacy” groups were promising us was just around the corner when they were exhorting us to loudly support their confirmations?
If SCOTUS either punts on or rules against George Young, gun owners will have their answers.
About David Codrea:
David Codrea is the winner of multiple journalist awards for investigating/defending the RKBA and a long-time gun owner rights advocate who defiantly challenges the folly of citizen disarmament. He blogs at “The War on Guns: Notes from the Resistance,” is a regularly featured contributor to Firearms News, and posts on Twitter: @dcodrea and Facebook.
The Constitution is written in plain English and does not need to be ‘interpreted’ by a partisan, unelected, unaccountable group of people. Especially a group that has seized a power not granted to them in said Constitution.
Their ONLY job is to say if a law is constitutional or not. Yes or No, not shades of grey.
Progressives to Mr Young: “Hey minority dude, we used you to fight our war and you did exactly as expected by serving our needs and serving the community as a good and loyal citizen. We got what we wanted from you. Screw your ‘rights.’ Step off, get in line, know your place. We are the People you have been waiting for. You don’t need ‘rights.’ You have us.” This is the message from our political elites.Do as you are told. Sadly for our Republic there is absolutely nothing ‘elite’ about the political, corporate and cultural governing classes in our country.… Read more »
We have a SCOTUS that is compromised, and incapable or unwilling to take up pertinent cases. A punt may be all we can hope for.
It may be time to seriously curtail a POTUS’s ability to sign executive orders. I would rather see deadlock and no changes rather than see wholesale change rushed through Congress by Leftist mongrels who can see past their noses.
How anyone could come to the conclusion that “..the right of the people to keep an Bear arms shall not be infringed.” means that the right ends at one’s front door, is asinine.
I’d suggest a GoFund me for Gislane Maxwell that get’s her bailed out and into the witness protection program if she spills the beans. But we all know it would get shut down.
You “keep” arms in the home. You “bear” arms outside the home. 2A clearly says the right of the people to “keep and bear” arms shall not be infringed. How much more clear can it be?
“To pack the court or not … ” I just do not see any difference. Because even if the 2A is supported and the States are pushed into a corner over it, there will suddenly appear a delay, an appeal, something that will put the decision on hold until new Judges can be found to change the ruling. Or, one of the current judges will suddenly mention retirement and put the whole thing back up for grabs again. The topic is just too hot and the status quo, while not popular, is not threatening to tar and feather anyone anymore.… Read more »
It is time to end Democratic/Socialist/Communism, in this Republic…
“Questions about the Chief Justice have eroded confidence in the courts being a venue where recourse for gun owners is possible.”
Gee you think.
If one studies Marbury V Madison it shows just how corrupt the courts have become ,the court has proven it time and again.
Our Constitutional Rights do not end at the property line to my residence.
Idiotic Ninth Circus.