Case: 12-16258

04/28/2014

ID: 9075477

DktEntry: 65

Page: 1 of 5

No. 12-16258 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

CHRISTOPHER BAKER, Plaintiff-Appellant, vs. LOUIS KEALOHA, as an individual and in his official capacity as Honolulu Chief of Police, et al., Defendants-Appellees

On Appeal from The United States District Court for The Northern District of California U.S. District Court No. Civil No. CV11-00528 ACK/KSC (Before O’SCANNLAIN, THOMAS, and CALLAHAN, Circuit Judges)

MOTION FOR LEAVE TO FILE A COUNTY OF KAUAI AMICUS CURIAE LETTER OF SUPPORT OF THE STATE OF HAWAII’S AMICUS CURIAE BRIEF

Alfred B. Castillo, Jr., State Bar # 3132 County Attorney Nicholas R. Courson, State Bar # 9431 Deputy County Attorney 4444 Rice Street, Suite 220 Lihue, Hawaii 96766 Email: ncourson@kauai.gov Office: (808) 241-4930 Fax: (808) 241-6319 Attorneys for Amicus Curiae THE COUNTY OF KAUAI

Case: 12-16258

04/28/2014

ID: 9075477

DktEntry: 65

Page: 2 of 5

INTRODUCTION Pursuant to Rule 29-2 of the Federal Rules of Appellate Procedure, the County of Kauai (“Kauai”) requests leave to file the accompanying Amicus Curiae Letter in support of the State of Hawaii’s Amicus Curiae Brief. Appellees consent to the filing of this Letter, but Appellants have refused consent. IDENTITY AND INTEREST OF AMICUS Kauai is one of four counties in the State of Hawaii and is governed by HRS 134-9. The Court’s ruling in Baker v. Kealoha will have a direct impact on Kauai, and may have deleterious effects on officer and public safety. Kauai is extremely concerned that having people carry guns in public raises the risks that routine conflicts will turn deadly. Further, Kauai believes that upholding HRS 134-9’s restrictions serves to reduce gun related crimes. Finally, Kauai believe it is important to uphold its Chief of Police’s current interest in having the discretion to deny concealed carry permits to those applicants who do not make the showing required under HRS 134-9. THE STATE OF HAWAII’S AMICUS CURIAE BRIEF WILL ASSIST THE COURT AND IS RELEVANT TO THE DISPOSITION OF THE CASE. The arguments made by the State of Hawaii in its amicus brief provide additional reasons why Honolulu county defendants' petition should be granted. Those arguments are thus also thereby relevant to the disposition of the petition.

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Case: 12-16258

04/28/2014

ID: 9075477

DktEntry: 65

Page: 3 of 5

CONCLUSION For the reasons stated herein, Kauai’s Motion for Leave to File the Attached Amicus Letter should be granted. Dated: April 28, 2014 Respectfully submitted, ALFRED B. CASTILLO, JR. County Attorney NICHOLAS R. COURSON Deputy County Attorney

By:

s/ Nicholas R. Courson NICHOLAS R. COURSON Deputy County Attorney THE COUNTY OF KAUAI

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Case: 12-16258

04/28/2014

ID: 9075477

DktEntry: 65

Page: 4 of 5

CHRISTOPHER BAKER, Plaintiff-Appellant, vs. LOUIS KEALOHA, as an individual and in his official capacity as Honolulu Chief of Police, et al., Defendants-Appellees Appeal No. 12-16258. April 28, 2014. Molly Dwyer, Clerk of Court Office of the Clerk U.S. Court of Appeals for the Ninth Circuit P.O. Box 193939 San Francisco, CA 94119-3939 Re: Christopher Baker vs. Louis Kealoha, as an individual and in his official capacity as Honolulu Chief of Police, et al.

Letter of the County of Kauai Requesting Permission to Join the State of Hawaii’s Amicus Curiae Brief as Amicus Curiae Dear Ms. Dwyer: The County of Kauai (“Kauai”) respectfully requests permission to submit this letter as amicus curiae in support of the State of Hawaii’s amicus curiae brief in the above-referenced matter. As authority for this filing, Kauai relies on Ninth Circuit Advisory Committee Note to Circuit Rule 29-1, which encourages amici who wish to join in the arguments of a party to file and serve a short letter in lieu of a brief. This letter was drafted by counsel for Kauai. Counsel for PlaintiffsAppellants Christopher Baker (“Plaintiff”) was contacted and does not consent to the Kauai’s filing of this letter. Counsel for Defendant-Appellees Louis Kealoha was contacted and does consent to the Kauai’s filing of this letter.

Case: 12-16258

04/28/2014

ID: 9075477

DktEntry: 65

Page: 5 of 5

This case involves the Kauai’s interest in protecting both public and officer safety. We are extremely concerned that having people carry guns in public raises the risks that routine conflicts will turn deadly. Further, we believe that upholding HRS 134-9’s restrictions serves to reduce gun related crimes. Finally, we believe it is important to uphold our Chief of Police’s current interest in having the discretion to deny concealed carry permits to those applicants who do not make the showing required under HRS 134-9. As such, Kauai joins in the arguments and factual statements made by the State of Hawaii in its amicus brief.

Respectfully Yours,

s/ Nicholas R. Courson Alfred B. Castillo, Jr. County Attorney Nicholas R. Courson Deputy County Attorney

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