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CV11-00513SOM-RLP

CV11-00513SOM-RLP

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Published by Christopher Baker
Second Amendment Lawsuit
Second Amendment Lawsuit

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Categories:Business/Law
Published by: Christopher Baker on Aug 24, 2011
Copyright:Attribution Non-commercial

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07/10/2013

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zuCHARD
LHOLCOMB
(HI
Bar
No.
9177)Holcomb Law,
A
Limited
Liability
Law
Corporation
677 AlaMoana
Blvd.,
Suite
#614
Honolulu,
HI
96813
Telephone:
(808)
545-4040
Facsimile:(808)356-1954
Email:
rholdomblaw@live.com
ALAN
BECK
(HI
Bar
No.
9145)
Attornev
atLaw
4780
G6vernor
Drive
San
Dieso. Californi
a
92122Teleohofiei
rsogt
297
-6533
Emall:
ngoraZO0O@yahoo.com
KEVINO'GRADY(HI
Bar
No.
8817)The
LawOfficeof Kevin
O'Grady,
LLC
I136Union
Ma[l,
Suite
#704
Honolulu,
HI
96813
Teleohone:(808)
521-3367
Facsimile:
fSOgt'SZ
l-3369
Emai
I
:
Kevin@'criminal
andmilitarydefensehawaii.com
Attorneys
for
Plaintiff
Christopher
Baker
u
N
tr
EB,EffiEB
&ffi$&t
"'
*'
RLP
CHRISTOPHER
BAKER,
vs.
Plaintiff,
LOUIS
KEALOHA.
as
an
individual
and
in
his
official
capacity
as
Honolulu
Chief
of
Police;
STATE
OF
HAWAII;
CITYAND
COLINTY
OF
HONOLULU;HONOLULU
POLICEDEPARTMENT;
NEILABERCROMBIE,
inhis
official
capacity
as
Hawaii
Governor,
Plaintiff
AtiG
2
3
2011
^t
/
o'clocit.n,;fl$''in
L"
-'a-
sr:r
geffiA,
cl-ER'K
IN
THEUNITED
STATES
DISTRICT
COURT
F'OR
THE
DISTRICT
OF
HAWAII.AS$NBI
I
oall',3
SOM
COMPLAINT
FOR
DEPRTVATION
OF
CIVIL
RIGHTS,
DECLARATORYANDINJUNCTIVE
RELIEF.
Defendants.
 
1
COMPLAINT FOR DEPRIVATION OF CIVIL RIGHTS
 
COMES NOW the Plaintiff, Christopher Baker (“Mr. Baker”), by andthrough the undersigned counsel, and complains of the Defendants as follows:
INTRODUCTION
 1.
 
Plaintiff Mr. Baker is a natural person and a citizen of the UnitedStates, State of Hawai’i and a resident of Honolulu County. Mr. Baker has beendeprived of liberty and property in violation of the Second, Fifth and FourteenthAmendments of the United States Constitution.
 
2.
 
This action arises from Hawai‘i’s ban on transporting and bearingfirearms as a license to carry is the only means by which Mr. Baker could bear afirearm and/or ammunition, whether openly or concealed, even within his ownhome, for the purpose of self-defense, proficiency training, or other protectedpurposes. Mr. Baker is a law-abiding citizen who is fit and qualified to bear arms.Mr. Baker applied for a license to carry a firearm, pursuant to Section 134-9 of theHawai‘i Revised Statutes (“HRS”). However, the application was denied by theDefendant, Chief of Police Louis Kealoha (“Defendant Kealoha”), withoutproviding Mr. Baker with a meaningful opportunity to be heard, a reason orexplanation for the denial, or any opportunity for further review.3.
 
The right to bear operational firearms and ammunition, and otherweapons in common use for lawful purposes is a fundamental constitutional right
 
2
guaranteed by the Second Amendment to the United States Constitution, madeapplicable to the states by the Fourteenth Amendment to the United StatesConstitution. Should Mr. Baker bear or transport a firearm outside of an enclosedcontainer in Hawai‘i, Mr. Baker would face criminal prosecution because suchbearing and/or transporting constitutes a Class B or C felony pursuant to Hawai‘istate law. The core of the Second Amendment is the right for law-abiding citizensto protect themselves. Yet, the law of Hawai‘i prohibits the carrying and evenpossession of less-than-lethal weapons commonly used in the militia or by thepeople for lawful purposes, such as extendable batons and electric guns, as well asoperational and loaded firearms. Thus, the denial of Mr. Baker’s application for alicense to carry violated and continues to deprive Mr. Baker of the fundamentalconstitutional rights guaranteed by the Second Amendment and made applicable tothe states by the Fourteenth Amendment to the United States Constitution as Mr.Baker is deprived of any means to protect himself.4.
 
Furthermore, Mr. Baker was deprived of the minimal protection of Due Process of law, guaranteed by the Fifth and Fourteenth Amendments to theUnited States Constitution, in addition to the rights described above. Hawai‘i lawvests absolute discretion in Defendant Kealoha, a Defendant in this action, todetermine whether a law-abiding citizen may exercise his or her SecondAmendment rights incorporated to the states by the Fourteenth Amendment to the

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