OpenCarry.org - Discussion Forum Home
 Search       Members   Calendar   Help   Home 
Search by username
Not logged in - Login | Register 

OpenCarry.org - Discussion Forum > Stories From The States > Hawaii > State v. Mendoza, 920 P.2d 357 and HI law questions





State v. Mendoza, 920 P.2d 357 and HI law questions
 Moderated by: jpierce  
 New Topic   Reply   Print 
AuthorPost
HawaiiQuestions
Regular Member
 

Joined: Sun Apr 5th, 2009
Location:  
Posts: 4
Status:  Offline
 Posted: Sun Apr 5th, 2009 11:21 pm
 Quote  Reply 
First, Art. 1 § 17 of the Hawaii state constitution is almost character-for-character identical to the 2A.  That's good.

I am aware that in State v. Mendoza there was some ruling that, indeed, Art. 1 § 17 creates an individual right, but somehow the follow-up questions on CCW or OC have not been pursued.

I've looked on line and I can't find the text of State v. Mendoza.  Does anyone have it?

Second, what are the penalties for illegal CCW there?  I assume it's something which happens with some regularity by people who "need" to CCW (stalker situation etc), and obviously there are no permits there so all CCW in HI is illegal CCW.  Which section of HI's law actually defines the penalties for CCW without a permit?

thanks

samaloney2006
Regular Member
 

Joined: Thu Feb 7th, 2008
Location:  
Posts: 47
Status:  Offline
 Posted: Wed Apr 8th, 2009 08:58 pm
 Quote  Reply 
:XI do not know about state versus mendoza. The penalties for illegal carry (concealed or openly) is a class "A" felony. Don't do it. Hawaii is a "may issue" state and the present police chief will not issue and I am told the last two would not issue either. Before I forget Hwaii is "not" an open carry state. Google up Hawaii State gun laws, click on the one that shows http://www.honolulupd.org/info/gunlaws.htm. This is the state gun laws area. Worst state in the union. I have lived here for seven years and if I would have thought I would have looked this info up and never moved here. I will be moving back to Washington!!!!Good luck :cuss:

sudden valley gunner
Regular Member


Joined: Sat Dec 13th, 2008
Location: Close To Bellingham, Washington USA
Posts: 1315
Status:  Offline
 Posted: Thu Apr 9th, 2009 02:52 am
 Quote  Reply 
Maybe we can try to get some letters up suggesting that Hawaii is turned to a shall issue state. I lived there for years and it can  be a very violent place, I think one reason is that people know that the likely hood a "regular citizen" has a gun is slim. But of course all the gangbangers and thugs have them since they don't care about the law anyway.

samaloney2006
Regular Member
 

Joined: Thu Feb 7th, 2008
Location:  
Posts: 47
Status:  Offline
 Posted: Thu Apr 9th, 2009 04:07 am
 Quote  Reply 
:banghead: :cuss:Senator Sam Slom (R), (I think my spelling is correct) tries every year to get that "may issue" to "shall issue" and it never passes even with much backing. If my count is correct we have 7 conservative republicans in the senate and any conservative democrats must try to hide because I can't figure out who they are if any.  Our senate majority leader is Sen. Colleen Hanabusa, I compare her to Harry Reid and we all know who he is. She used to answer my mail until she became senate majority leader and now I am "who?". BTW she represents our district here in Waianae. Nice to hear from you. :celebrate

sudden valley gunner
Regular Member


Joined: Sat Dec 13th, 2008
Location: Close To Bellingham, Washington USA
Posts: 1315
Status:  Offline
 Posted: Fri Apr 10th, 2009 02:46 am
 Quote  Reply 
If there is any place a law abiding citizen needs a sidearm, Waianae would be one of them. MY brother-in-laws live in Kapolei and they don't let their kids go to public school at great expense to them.

I am not a current resident of Hawaii, or I would try to write too.

MarlboroLts5150
Regular Member


Joined: Wed Apr 8th, 2009
Location: Ewa Beach, Hawaii USA
Posts: 118
Status:  Offline
 Posted: Mon Apr 20th, 2009 09:42 pm
 Quote  Reply 
HawaiiQuestions wrote: First, Art. 1 § 17 of the Hawaii state constitution is almost character-for-character identical to the 2A.  That's good.

I am aware that in State v. Mendoza there was some ruling that, indeed, Art. 1 § 17 creates an individual right, but somehow the follow-up questions on CCW or OC have not been pursued.

I've looked on line and I can't find the text of State v. Mendoza.  Does anyone have it?

Second, what are the penalties for illegal CCW there?  I assume it's something which happens with some regularity by people who "need" to CCW (stalker situation etc), and obviously there are no permits there so all CCW in HI is illegal CCW.  Which section of HI's law actually defines the penalties for CCW without a permit?

thanks

I'm looking for the same thing(State v. Mendoza)....Have you had any luck yet. We are starting to stir up some support for Hawaii. Just a few, but a few lead to a few more, and a few more.....

Last edited on Mon Apr 20th, 2009 09:42 pm by MarlboroLts5150

sudden valley gunner
Regular Member


Joined: Sat Dec 13th, 2008
Location: Close To Bellingham, Washington USA
Posts: 1315
Status:  Offline
 Posted: Tue Apr 21st, 2009 05:17 am
 Quote  Reply 
Yes definately a growing movement in all the states, I would hate to see Hawaii lag behind in protecting our rights.


 Current time is 09:39 am





Powered by WowBB 1.7 - Copyright © 2003-2006 Aycan Gulez