9th Circuit Case To Remove Current Stays On Second Amendment Violation!!!

Published on September 28, 2021
Duration: 10:05

This video, presented by an attorney and 2A advocate, details the legal challenge to Hawaii's ban on electric arms like stun guns and tasers. It outlines the procedural history, including stays and appeals to the Ninth Circuit, and discusses arguments regarding mootness and the scope of 'arms' under the Second Amendment. The content highlights the Firearms Policy Coalition's involvement in supporting this cause.

Quick Summary

The Ninth Circuit is reviewing Hawaii's ban on electric arms (stun guns, tasers) in Roberts v. Cummings. The District Court's prolonged stays are being challenged, with plaintiffs arguing they effectively dismiss the case. Hawaii claims mootness due to repealed laws, but plaintiffs contest this, seeking broader relief.

Chapters

  1. 00:00Hawaii's Electric Arms Ban Challenged
  2. 00:50Roberts v. Cummings 9th Circuit Challenge Details
  3. 01:48District Court Puts Case on Hold
  4. 02:30Plaintiffs Request Case Reinstatement
  5. 03:11District Court Stays Case Again
  6. 04:04Appeal Filed with 9th Circuit
  7. 04:35Arguments Presented to 9th Circuit
  8. 04:55Hawaii Takes Moot Position
  9. 05:55Arguments and Second Amendment Scope

Frequently Asked Questions

What is the main legal challenge discussed regarding Hawaii's firearm laws?

The video discusses the legal challenge to Hawaii's ban on electric arms, such as stun guns and tasers, under Hawaii statute 134-16. The case, Roberts v. Cummings, is being reviewed by the Ninth Circuit after the District Court repeatedly stayed proceedings.

Why did the District Court initially delay the Roberts v. Cummings case?

The District Court initially put the case on hold pending the Supreme Court's decision in New York State Rifle & Pistol Association v. City of New York. Later, it continued the stay, citing pending Supreme Court review of a related case, Young v. Hawaii.

What are the plaintiffs arguing in their appeal to the Ninth Circuit?

The plaintiffs argue that the District Court's indefinite stay effectively dismisses their lawsuit without a hearing. They contend this lengthy delay constitutes an abuse of discretion and that the stay order should be reviewable as a final decision.

What is Hawaii's defense regarding the electric arms ban?

Hawaii's position is that the case is now moot because they have repealed the specific statute prohibiting possession of stun guns within the home. However, plaintiffs argue this repeal does not address all aspects of their lawsuit, including other statutes and damages.

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