{"id":101084,"date":"2024-04-01T15:53:38","date_gmt":"2024-04-01T20:53:38","guid":{"rendered":"https:\/\/milesfortis.com\/?p=101084"},"modified":"2024-04-01T15:53:38","modified_gmt":"2024-04-01T20:53:38","slug":"101084","status":"publish","type":"post","link":"https:\/\/milesfortis.com\/?p=101084","title":{"rendered":""},"content":{"rendered":"

Hawaii Man Victorious in Case involving Suitable Persons’ and Carry Permits<\/a><\/p>\n

So-called \u201csuitable persons\u201d provisions in permitting laws are verboten per several Supreme Court opinions. When an issuing authority makes a subjective decision through their own thought process rather than through objective and definable criterion, it\u2019s unconstitutional.\u00a0Back in December<\/a>\u00a0I wrote about a guy that was denied a carry permit in Hawaii for allegedly being \u201cnot of \u2018good moral character\u2019 and\/or \u2018suitable.\u2019\u201d They other day Mr. Blake Day\u2019s case\u00a0received a stipulation<\/a>\u00a0to dismiss his case with prejudice, since he was eventually issued a Hawaii license to carry.<\/p>\n

Mr. Day was denied a license to carry in the County of Hawaii for being \u201cnot of \u2018good moral character\u2019 and\/or \u2018suitable.\u2019\u201d<\/p>\n

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Drawing details from the complaint that was filed on the 6th of December, 2023, Mr. Day\u2019s alleged lack of \u201cgood moral character\u201d and suitability arises from what the Hawaii County Chief of Police stated was \u201cdue to \u2018recent violent conduct.\u2019\u201d The so-called \u201cviolent conduct\u201d is in reference to an incident where Mr. Day was forced to defend himself – with non-lethal force – while executing his duties as a contractor for a bank. The conflict resulted in no criminal charges.<\/p>\n<\/blockquote>\n

The non-lethal force Mr. Day used was \u201ca pepper spray air gun, firing it several times in self-defense,\u201d because he was aggressively approached by a resident of a property that was supposed to be vacant. The resident was \u201cyelling obscenities and \u2018what are you doing at my house?\u2019\u201d at Mr. Day. Day stated that the resident \u201cappeared to have something in his right hand and [he] believed it was a weapon.\u201d<\/p>\n

The\u00a0stipulation<\/a>\u00a0was filed on March 28, 2024 and is as follows:<\/p>\n

<\/p>\n

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IT IS HEREBY STIPULATED by and between all parties who have appeared in this action, by their respective counsel, that this action is dismissed with prejudice. Plaintiff BLAKE DAY (\u201cPlaintiff\u201d) was issued a license to carry by Defendant COUNTY OF HAWAI\u02bbI (\u201cDefendant\u201d) on January 2, 2023, which license is valid to January 2, 2025 (\u201cLicense\u201d). Defendant shall not declare Plaintiff\u2019s License void unless Plaintiff becomes disqualified from ownership, possession, or control of a firearm pursuant to federal law or HRS \u00a7 134-7(a), (b),(d), or (f) and shall not revoke Plaintiff\u2019s License except as permitted under federal law or HRS \u00a7 134-13 if Plaintiff for any other reason becomes disqualified underHRS \u00a7 134-7 from the ownership, possession, or control of a firearm. Defendant COUNTY OF HAWAI\u02bbI further agrees to implement new concealed carry rules consistent with HRS Chapter 134, as amended by Act 52 of 2023.By separate settlement agreement, a resolution of all claims for damages,attorneys\u2019 fees, and costs has been reached. Except as expressly provided in the settlement agreement, the parties are to bear their own attorneys\u2019 fees and costs.There are no remaining parties and\/or issues. No answer or motion for summary judgment has been filed. All claims and parties are dismissed.<\/p>\n<\/blockquote>\n

What happened between the December filing and the January 2nd issuance of a license to carry? I don’t know. What I can say though is\u00a0I previously reported on<\/a>\u00a0how I thought the case would flesh out.<\/p>\n

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According to the\u00a0Hawaii District Court\u2019s calendar<\/a>, there\u2019s a telephonic hearing scheduled for February 5, 2024. I\u2019m doubtful that this case will make it that far. Beck has an impeccable record of dicing up unconstitutional law in short order and I suspect the County will try to settle without litigating. We shall see.<\/p>\n<\/blockquote>\n