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Wednesday, September 15, 2021

Delays in Hawaiian 2A Legal Cases Show Intent is to Deny Justice - Ammoland.com

U.S.A. – -(Ammoland.com)- Two Second Amendment-related actions filed Monday seeking to protect rights in Hawaii are being deliberately delayed through procedural moves to preclude resolving them.

The cases involved are Andrew Roberts v. Al Cummings, et al, in the United States Court of Appeals for the Ninth Circuit, and Yukutake v. Connors, In the United States District Court for the District of Hawaii. In both cases, plaintiffs are represented by attorneys Alan Alexander Beck and Stephen D. Stamboulieh.

The Roberts case, initially filed in 2018, challenges “Hawaii’s complete ban on ownership of electric arms in the home.” But wait, some will no doubt say: The legislature has since acted, the prohibition on sale and possession has been repealed and the law will go into effect on January 1.

That’s not what the appeal is about. Rather, as the filing argues;

“The district court refuses to rule on the Appellant’s Motion for Summary Judgement and has stayed this matter, in one form or another, since November 26, 2019.”

Those forms include:

  • An agreement was reached to stay the matter pending a legislative fix.
  • The district court stayed proceedings pending a decision by the United States Supreme Court in New York State Rifle & Pistol Association, Inc. v. City of New York. After that case was “mooted,” the court ordered the stay to continue pending a decision in the Young case (another lawsuit with the plaintiff represented by Beck and Stamboulieh).
  • This is all despite the fact that “the Defendants stated in the conference of counsel … that they would not oppose the relief requested in the motion.”

The court does not want the case to move forward, and as the appeal Introduction notes:

“Because Mr. Roberts has been put effectively out of court on an indefinite stay by the district court that refuses to rule on a matter it 1) has jurisdiction over, and 2) has been fully briefed and argued, Mr. Roberts turns to this Court for relief. To be clear, Mr. Roberts is not asking this Court to rule on his motion for summary judgment, but to require the lower court to rule on it.”

Likewise, Yukutake has run into a legal brick wall. That complaint challenges the constitutionality of Hawaii’s 10-day permit use period for handguns and in-person inspection and registration requirement for firearms. And again, the state is playing the “stay” game, and trying to change the rules in the process:

Click the link to read the whole article:  Delays Show Intent is to Deny Justice

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