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Amicus Brief State of Hawaii

Amicus Brief State of Hawaii

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Published by Alan Beck
I filed a motion to strike as to this which should be granted but I figured I'd save it for posterity. Apparently I am the only one that knows standing is presumed on a 12b6 appeal.
I filed a motion to strike as to this which should be granted but I figured I'd save it for posterity. Apparently I am the only one that knows standing is presumed on a 12b6 appeal.

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Published by: Alan Beck on Jun 08, 2013
Copyright:Attribution Non-commercial

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07/18/2013

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APPEAL
NO.
12-17808
IN
THE
UNITED
STATES
COURT
OF
APPEALS
FOR
THE
NINTH
CIRCUIT
GEORGEK.
YOUNG,
JR.,
V.
Plaintiff-Appellant,
STATE
OF
HAWAII
and
NEIL
ABERCROMBIE
in
his
capacity
as
Governor
of
the
State
of
Hawaii;
DAVID
M.
LOUIE
in
hiscapacity
as
State
Attorney
General;
COUNTY
OF
(caption
continued)D.C.
No.
l:12-cv-00336-HG-BMK
APPEAL
FROM
A
JUDGMENT
OF
THE
UNITED
STATES
DISTRICT
COURT
FOR
THE
DISTRICT
OF
HAWAII
THE
HONORABLEHELEN
GILLMOR,
DISTRICT
JUDGE
AMICUS
CURIAE
BRIEF
OF
THESTATE
OF
HAWAII
IN
SUPPORT
OF
COUNTY
OF
HAWAII
DEFENDANTS-APPELLEES,
IN
SUPPORT
OF
AFFIRMANCE
ADDENDA
1-18
CERTIFICATE
OF
SERVICE
GIRARDD.LAU
3771
Solicitor
General,
State
of
Hawaii
KIMBERLY
TSUMOTO
GUIDRY
7813
FirstDeputy
Solicitor
General,
State
of
HawaiiROBERT
T.
NAKATSUJI
6743
Deputy
Solicitor
General,
State
of
Hawaii
Department
of
the
Attorney
General
425
Queen
Street
Honolulu,Hawaii
96813
Tel:
(808)586-1360
Fax:
(808)586-1237
Attorneys
forAmicus
Curiae
State
of
Hawaii
Case: 12-17808 05/31/2013 ID: 8651273 DktEntry: 35 Page: 1 of 71
 
HAWAII,
asa
sub-agency
of
the
State
of
Hawaii
and
WILLIAM
P.
KENOI
in
his
capacity
as
Mayor
of
the
County
of
Hawaii;
andthe
Hilo
County
PoliceDepartment,
as
a
sub-agency
of
the
County
of
Hawaii
and
HARRY
S.
KUBOJIRI
in
his
capacity
as
Chief
of
Police;
JOHN
DOES
1-25;
JANE
DOES
1-25;
CORPORATIONS
1-5,
AND
DOE
ENTITIES
1-5,
____________
Defendants-Appellees.
Case: 12-17808 05/31/2013 ID: 8651273 DktEntry: 35 Page: 2 of 71
 
Table
of
Contents
I.TheSecond
Amendment
Does
Not
Protect
a
Right
to
Carry
Guns
in
Public
3
A.
Heller
itself
Supports
Exclusion
of
PublicCarry
3
B.
Threat
to
Public
Safety
from
Public
Carry,ConcealedorUnconcealed,
is
Substantial
7
C.
History
and
Logic
Further
Support
Exclusion
of
Public
Carry
14
II.
Even
if
theSecond
Amendment
hassome
applicability
outside
the
home
and
covers
Young,Hawaii’srestrictions
easily
surviveintermediate
scrutiny
18
A.Hawaiis
Restrictions
are
Substantially
Related
to
Important
Governmental
Interests
20
B.
Hawaii
Restricts,
but
Does
Not
Ban,
Public
Carry
23
III.
There
is
NoImproper
UnfetteredDiscretion,
nor
ProceduralDue
Process
Violation
26
IV.
Young’s
challengesto
other
Hawaii
statutes
regulatingparticular
weapons
must
be
disregarded
28
CONCLUSION
29
Case: 12-17808 05/31/2013 ID: 8651273 DktEntry: 35 Page: 3 of 71

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