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Baker v. Kealoha et. al Hearing Date


Posted on March 2nd, by Christopher in News, On Featured. 4 comments

Baker v. Kealoha et. al Hearing Date

As March rolls around, many of us are looking forward to the 21st.  On this date, we will finally have an opportunity to go into the Federal District Court of Hawaii for the Baker v. Kealoha et. al. case regarding violations of our Second and Fourteenth Amendment rights.   So who is ready? I know we are – it’s been a long time coming.

So what can we expect?  We will have a variety of hearings and arguments for the motions that are set forth.  On the table is the Motion to Dismiss from the State and the County, a request for the judgment on pleadings by the State, and our request for a preliminary injunction against them enforcing these unconstitutional laws for the duration of the case.  The hearings will go through and the State and County will initially try to have our suit thrown out for a variety of reasons that were present in their motions. Following that, we will argue why citizens should not be denied their right to self-defense.  Essentially, the City has said it’s not their fault or problem and the Chief of Police doesn’t really have anything to do with it; we of course think that argument falls flat, and hope that the Judge feels the same way.   As for the State, they have come out and said that they have nothing to do with it, which again we don’t really believe to be true.  However, only the court can really decide what the truth is.

If you would like to come out and attend please do!  It would be great to have lots of supporters there and seeing our efforts go.  That said, we encourage people to show up and attend in business style attire.  If you wouldn’t wear to church, it’s probably not the place to wear it in the court room (we are trying to show the true professionals we are).

The Low Down

When: 21stof March, 2012 @ 10:00 a.m.

Federal District Court Downtown

Where:  Hawaii Federal District Courthouse

What to Wear:  Business / church / professional attire (please no board shorts and slippah!).

 

*** LEAVE YOUR CELL IN THE CAR ***

(The  Courthouse will make you store it in a bin since there are no electronics in the courthouse).

 

 

For more information, see the first filing post here:

 POLICE CHIEF AND STATE OF HAWAII SUED FOR SECOND AMENDMENT VIOLATIONS





4 thoughts on “Baker v. Kealoha et. al Hearing Date

  1. Pingback: Tab Clearing | Shall Not Be Questioned

    • David,

      For our preliminary injunction, the judge denied that request. However, we disagree with his analysis and are appealing that preliminary order to the 9th Circuit Court of Appeals. There we will have our case heard by an appeals panel who will ultimately decide whether or not we have the right to bear arms outside of the home.

      — Chris

  2. Looks like a winning case…But how does ANY attorney conclude that one would have to seek a LICENSE in order to exercise a right?….Come on guys, we’re never going to overcome this license requirement if we keep moving like this….A right can not be licensed, no ifs, ands or buts. It’s a tax, the license attaches through the tax. Once the government can reach something through its taxing power, it can use the tax to destroy that which it taxes. The tax on machine guns for example, can be $20,000…..So can a license tax on carrying firearms. The United States Supreme Court clearly states a right CAN NOT be taxed in Murdock v Penn

    U.S. Supreme Court
    319 U.S. 105 (1943)
    MURDOCK v. COMMONWEALTH OF PENNSYLVANIA and seven other cases, including JONES v. CITY OF OPELIKA, 319 U.S. 105 (1943)

    “The tax imposed by the City of Jeannette is a flat license tax, the payment of which is a condition of the exercise of these constitutional privileges. The power to tax the exercise of a privilege is the power to control or suppress its enjoyment.”

    “It is contended, however, that the fact that the license tax can suppress or control this activity is unimportant [319 U.S. 105, 113] if it does not do so. But that is to disregard the nature of this tax. It is a license tax – a flat tax imposed on the exercise of a privilege granted by the Bill of Rights. A state may not impose a charge for the enjoyment of a right granted by the federal constitution.”

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