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Baker win at the 9th circuit.
#1
Baker hinges on the Peruta ruling.
Peruta stands, en banc filings have no standing.

"SUMMARY*

* This summary constitutes no part of the opinion of the court. It has been prepared by court staff for the convenience of the reader.

Civil Rights

The panel denied motions to intervene, which were filed after the panel’s opinion and judgment holding that a responsible, law-abiding citizen has a right under the Second Amendment to carry a firearm in public for self-defense. The State of California and the Brady Campaign to Prevent Gun Violence moved to intervene under Federal Rule of Civil Procedure 24 after San Diego Sheriff William D. Gore declined to file a petition for rehearing en banc. The California Police Chiefs’ Association and the California Peace Officers’ Association, amici in this case, submitted a petition for rehearing en banc. Noting that amici cannot file petitions for rehearing en banc, the panel construed the petition as a motion to intervene.

The panel held that the movants did not meet the heavy burden of demonstrating imperative reasons in favor of intervention on appeal. Noting that the movants sought intervention more than four years after the case began, the panel stated that the stage of the proceedings, the length of the delay, and the reason for the delay all weighed against timeliness. In the absence of a timely motion, intervention was unavailable.

The panel further concluded that 28 U.S.C. § 2403 and Federal Rule of Civil Procedure 5.1 did not provide a basis for intervention because the panel’s opinion never drew into question the constitutionality of any California statute, but only questioned San Diego County’s exercise of regulatory authority under the relevant state statutes, specifically the County’s policy that an assertion of self-defense is insufficient to demonstrate “good cause” under the California statutory scheme.

Dissenting, Judge Thomas stated that the majority’s decision to prevent the State of California from intervening in this case conflicted with controlling circuit precedent and deprived one of the parties most affected by the panel’s decision the opportunity to even present an argument on an important constitutional question affecting millions of citizens."

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#2
This is much closer to a political as well as legal issue for the State of Hawaii.
En banc filing by Honolulu only applies to whether or not the Baker ruling should be directed to the Peruta ruling. The particulars of the Peruta ruling are not within appeals reach for Honolulu. The chances of being granted en banc for Honolulu on Baker are slim to none.

Many people may not realize this, but at this time Hawaii's carry legislation has been compromised.
A criminal caught with a firearm in public may be arrested and charged with carrying a firearm without a permit but the chances of a successful standing court conviction have now dwindled considerably.
This means Hawaii's prohibition on firearms has now opened a big can of legal worms and put citizens in unnecessary jeopardy.

How does this pan out?

1) Since Hawaii's has a prohibition on the carry of firearms, those who are found to carry a firearm without a permit can be considered by the higher courts to have been denied a basic enumerated right and therefore permanent conviction of carry without permit becomes impossible.

2) The state has now opened itself up to injury and wrongful death suits from victims for crimes committed by criminals in the act of assaults, murders, rapes, etc. A victim or victims family can now claim State complicity in such crimes if the victims or their families can show the victim desired to carry a firearm for protection and the State denied the right to the victim without just cause. Therefore removing the victims right to self protection and thus engaging in complicity to the crime.
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#3
Anyone in the State of Hawaii can probably hire armed body guards and send the bill to the State or police Chief. Since the States policy disallows carry to the general public and the right to carry exist yet the State engages in it's prohibition... they are now financially responsible to pay for any body guards you may wish to hire.

Yep... it's on the State people. Enjoy, free body guards for everyone. Yippy! LOL.
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