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Notice Woolard From Ms. Van Aken

Notice Woolard From Ms. Van Aken

Ratings: (0)|Views: 26|Likes:
Published by Alan Beck
As no decision has been rendered yet I guess both sides are going to keep trucking.
As no decision has been rendered yet I guess both sides are going to keep trucking.

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Published by: Alan Beck on Mar 29, 2013
Copyright:Attribution Non-commercial

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07/22/2013

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C
ITY AND
C
OUNTY OF
S
AN
F
RANCISCO
O
FFICE OF THE
C
ITY
A
 TTORNEY
 
D
ENNIS
 J.
 
H
ERRERA
 City Attorney
 
C
HRISTINE
V
AN
A
KEN
 Deputy City Attorney
Direct Dial: (415) 554-4633Email: christine.van.aken@sfgov.org
C
ITY
H
ALL
,
 
R
M
234
 
·
 
1
 
D
R
.
 
C
ARLTON
B.
 
G
OODLETT
P
LACE
·
 
S
AN
F
RANCISCO
,
 
C
ALIFORNIA
94102R
ECEPTION
:
 
(415)
 
554-4700
 
·
 
F
ACSIMILE
:
 
(415)
 
554-4699
March 28, 2013
VIA ECF
Molly C. DwyerClerk of CourtUnited States Court of Appeals for the Ninth Circuit95 Seventh StreetSan Francisco, CA 94103Re:
Baker v. Kealoha
, No. 12-16258Argued December 6, 2012 (Judges O’Scannlain, Thomas, and Callahan)Dear Ms. Dwyer:Appellees Louis Kealoha and the City and County of Honolulu submit this citation of supplemental authorities pursuant to Federal Rule of Appellate Procedure 28(j).On March 21, 2013, the Court of Appeals for the Fourth Circuit issued its opinion in
Woollard v. Gallagher
, No. 12-1437, a copy of which is attached. In a unanimous panel opinion,
Woollard
upholds Maryland’s laws restricting (with limited statutory exceptions) the ability tocarry handguns in public to those who possess a permit, issued on a showing of a “good andsubstantial reason.” Slip op. 7-8. An applicant shows a “good and substantial reason” bydemonstrating an objective and verified need for personal protection beyond a general fear of crime. Id. 9-10.Reversing a district court opinion striking down Marylands law under intermediatescrutiny,
Woollard
declines to decide whether the Second Amendment right to keep and beararms extends outside the home. Slip op. 20. Assuming that it does,
Woollard
holds thatMaryland’s restriction is nonetheless constitutional. Under the Fourth Circuit’s approach,restrictions on firearms outside the home are subject to less rigorous scrutiny than in-homerestrictions because of the States strong public safety interest. Id. 20. Maryland’s law satisfiesintermediate scrutiny in light of the government’s showing that handguns are often used incrime, id. 21-23, and that reducing the number of handguns carried in public diminishes gunthefts and the risk of armed confrontation in public. Id. 26-28.
Woollard
contrasts Maryland’s discretionary-permit approach, similar to the New Yorkstatute upheld in
Kachalsky v. County of Westchester
, 701 F.3d 81 (2d Cir. 2012), with thewholesale public-carry ban adopted by Illinois but struck down in
Moore v. Madigan
, 702 F.3d933 (7th Cir. 2012). The Hawaii laws at issue in this case restrict the public carrying of handguns to those who show a reason to fear injury to person or property, Haw. Rev. Stat. § 134-9, and should be upheld for the same reasons that the Second and Fourth Circuits, respectively,have upheld New York’s and Marylands similar restrictions.
Case: 12-16258 03/28/2013 ID: 8568898 DktEntry: 47-1 Page: 1 of 3
(1 of 36)
 
C
ITY AND
C
OUNTY OF
S
AN
F
RANCISCO
O
FFICE OF THE
C
ITY
A
 TTORNEY
 Letter to Molly C. DwyerPage 2March 28, 2013
n:\government\ahall\christine van aken\00837345.doc
 Very truly yours,DENNIS J. HERRERACity Attorney/s/CHRISTINE VAN AKENDeputy City Attorneycc: All counsel via ECF
Case: 12-16258 03/28/2013 ID: 8568898 DktEntry: 47-1 Page: 2 of 3
(2 of 36)
 
C
ITY AND
C
OUNTY OF
S
AN
F
RANCISCO
O
FFICE OF THE
C
ITY
A
 TTORNEY
 Letter to Molly C. DwyerPage 3March 28, 2013
n:\government\ahall\christine van aken\00837345.doc
 
CERTIFICATE OF SERVICE
I hereby certify that I electronically filed the following with the Clerk of the Court for theUnited States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system on
March 28, 2013.
 
APPELLEES’ FRAP 28(j) LETTER
Participants in the case who are registered CM/ECF users will be served by the appellateCM/ECF system.I declare under penalty of perjury pursuant to the laws of the State of California that theforegoing is true and correct.Executed
March 28, 2013
, at San Francisco, California.s/
Arlene Hall
 ARLENE HALL
Case: 12-16258 03/28/2013 ID: 8568898 DktEntry: 47-1 Page: 3 of 3
(3 of 36)

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