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

Published on September 28, 2021
Duration: 10:05

This video details the legal challenge to Hawaii's ban on electric arms, specifically stun guns and tasers, in the case Roberts v. Cummings. The Ninth Circuit is reviewing the District Court's repeated stays, which have effectively blocked the case for over 658 days. Plaintiffs argue these indefinite stays constitute a dismissal and are seeking to have them lifted.

Quick Summary

The case Roberts v. Cummings challenges Hawaii's ban on electric arms like stun guns and tasers. The Ninth Circuit is reviewing the District Court's prolonged stays, which have delayed the case for over 658 days. Plaintiffs argue these indefinite stays effectively dismiss their lawsuit and seek their immediate lifting.

Chapters

  1. 00:00Hawaii's Electric Arms Ban Challenged
  2. 00:50Roberts v. Cummings 9th Circuit Challenge
  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 to 9th Circuit
  8. 04:55Hawaii Takes Moot Position
  9. 05:55Arguments and 2nd Amendment

Frequently Asked Questions

What is the Roberts v. Cummings case about?

Roberts v. Cummings is a legal challenge in the Ninth Circuit against Hawaii's ban on electric arms, such as stun guns and tasers. The case questions the constitutionality of Hawaii statute 134-16, which prohibits possession and sale of these devices.

Why has the Roberts v. Cummings case been delayed?

The District Court repeatedly placed the case on hold, first pending Supreme Court decisions and later awaiting en banc rulings from the Ninth Circuit. These stays have effectively blocked the case for over 658 days, leading to an appeal.

What is the main argument of the plaintiffs in the Ninth Circuit appeal?

The plaintiffs argue that the District Court's indefinite stays constitute a dismissal of their lawsuit and are reviewable as a final decision. They contend that these lengthy delays prevent them from having their constitutional rights addressed.

How is Hawaii attempting to make the case moot?

Hawaii has repealed the statute prohibiting stun gun possession within the home. However, plaintiffs argue this change doesn't moot the case as it doesn't address all their claims, including enjoining other statutes and seeking damages for past violations.

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