TODD YUKUTAKE, ET AL. vs. CLARE E. CONNERS (CONNORS) --- 10 day purchase permit for handguns and also in person inspections and registration

[Flynn]

I did some quick searches here and didn't see anything on this, it appear from some Googling that the case Civ. No. 19-00578 JMS-RT is listed with the two spellings of CONNERS/CONNORS

 

This is in regards to two Hawaii laws, one law that requires a 10 day permit be obtained to purcahse a handgun, and another law that mandates you bring the firearm it in for in person inspection/registration after you purchase.

 

https://www.thetruthaboutguns.com/federal-district-court-rules-two-hawaii-gun-control-laws-violate-the-second-amendment/

 

Ruling

https://storage.courtlistener.com/recap/gov.uscourts.hid.146729/gov.uscourts.hid.146729.107.0.pdf

[Talonap]

Thank you for posting this! I knew That Hawaii had stupid gun laws, but had no idea they were THAT stupid! Maybe Hawaii should be moved to California ... So this sounds like it is good news!

Edited August 18, 2021 at 06:31 PM by Talonap

[Euler]

NJ has similar laws. Chicago also used to have similar laws.

[JTHunter]

You can't fix "stupid". 🙄

[Euler]

An update on this case, since there's a topic on it.

 

District Docket

Order said:

... Defendant's officers, agents, servants, employees, and all persons in active concert or participation with Defendant are permanently enjoined from enforcing [the] 10-day permit use requirement for handguns. ...

 

... Defendant's officers, agents, servants, employees, and all persons in active concert or participation with Defendant are permanently enjoined from enforcing [the] in-person firearm inspection and registration requirement. ...

 

16 Aug 2021 - district enjoins HI enforcement of 10-day limit and in-person inspection & registration; the injunctions are stayed until 15 Sep

 

30 Aug 2021 - the stays are extended to 22 Sep

 

31 Aug 2021 - HI asks district to stay the injunctions pending appeal to CA9

 

23 Sep 2021 - district extends stay on the injunction of 10-day limit only, pending appeal; the injunction against in-person inspection & registration becomes effective

 

21 Oct 2021 - CA9 opens case 21-16756

 

Edited August 4, 2022 at 07:29 AM by Euler

[Euler]

On July 1 (i.e., after the NYSRPA v Bruen decision), Connors filed a motion in CA9 to remand the case back to HI federal district court.

On August 18, CA9 denied the motion to remand and ordered the parties to submit briefs addressing changes to their arguments with regard to NYSRPA v Bruen. So far, only Yukutake has done so.

 

General Docket United States Court of Appeals for the Ninth Circuit

Court of Appeals Docket #: 21-16756 Docketed: 10/21/2021 Nature of Suit: 3440 Other Civil Rights Todd Yukutake, et al v. Clare Connors, et al Appeal From: U.S. District Court for Hawaii, Honolulu Fee Status: Paid

Case Type Information: 1) civil 2) private 3) null

Originating Court Information: District: 0975-1 : 1:19-cv-00578-JMS-RT Court Reporter: Cynthia Fazio Trial Judge: J. Michael Seabright, Chief District Judge Date Filed: 10/24/2019 Date Order/Judgment: Date Order/Judgment EOD: Date NOA Filed: Date Rec'd COA: 09/23/2021 09/23/2021 10/14/2021 10/14/2021

05/15/2022 41 Filed (ECF) Appellees Todd Yukutake and David Kikukawa citation of supplemental authorities. Date of service: 05/15/2022. [12447183] [21-16756] (Beck, Alan) [Entered: 05/15/2022 10:05 AM] 05/17/2022 42 Filed clerk order: The reply brief [40] submitted by Clare E. Connors is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: gray. The paper copies shall be submitted to the principal office of the Clerk. [12449259] (SML) [Entered: 05/17/2022 03:07 PM] 05/23/2022 43 Received 6 paper copies of Reply Brief [40] filed by Clare E. Connors. [12453777] (SD) [Entered: 05/23/2022 12:20 PM] 06/28/2022 44 Filed (ECF) Appellees Todd Yukutake and David Kikukawa citation of supplemental authorities. Date of service: 06/28/2022. [12481625] [21-16756] (Stamboulieh, Stephen) [Entered: 06/28/2022 09:47 AM] 07/01/2022 45 Filed (ECF) Appellant Clare E. Connors Motion to remand case. Date of service: 07/01/2022. [12485301] [21-16756] (Nakatsuji, Robert) [Entered: 07/01/2022 02:05 PM] 07/01/2022 46 Filed (ECF) Appellant Clare E. Connors citation of supplemental authorities. Date of service: 07/01/2022. [12485308] [21-16756] (Nakatsuji, Robert) [Entered: 07/01/2022 02:09 PM] 07/08/2022 47 Filed (ECF) Appellees David Kikukawa and Todd Yukutake response to motion ([45] Motion (ECF Filing), [45] Motion (ECF Filing)). Date of service: 07/08/2022. [12489994] [21-16756] (Beck, Alan) [Entered: 07/08/2022 07:30 PM] 07/14/2022 48 Filed (ECF) Appellant Clare E. Connors reply to response (). Date of service: 07/14/2022. [12494335] [21-16756] (Nakatsuji, Robert) [Entered: 07/14/2022 04:57 PM] 08/18/2022 49 Filed order (MARY M. SCHROEDER, DIARMUID F. O'SCANNLAIN and DANIELLE J. FORREST) The motion to vacate and remand (Docket Entry No. [45]) is denied. Within 30 days after the date of this order, the parties shall submit supplemental briefs, not to exceed 10,000 words, addressing the United States Supreme Court’s decision in New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2228 (2022). The Clerk will place this appeal on the next available calendar upon the filing of the supplemental briefs. [12519950] (OC) [Entered: 08/18/2022 12:40 PM] 09/16/2022 50 Submitted (ECF) Supplemental Brief for review. Submitted by Appellees Todd Yukutake and David Kikukawa. Date of service: 09/16/2022. [12542590] [21-16756] (Beck, Alan) [Entered: 09/16/2022 03:57 PM]

Edited September 19, 2022 at 12:31 AM by Euler

[Euler]

Connors filed the requested supplemental brief.

Holly T. Shikada replaced Clare E. Connors as appellant, because Shikada is the current AG of Hawaii.

 

09/19/2022 53 Filed clerk order: The supplemental brief [52] submitted by Clare E. Connors is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: tan. The paper copies shall be submitted to the principal office of the Clerk. [12543308] (SML) [Entered: 09/19/2022 12:18 PM] 09/19/2022 54 Submitted (ECF) Amicus brief for review and filed Motion to become amicus curiae. Submitted by Gun Owners of America, Gun Owners Fndn, Gun Owners of CA, Heller Foundation, Ore Firearms Federation, Tenn Firearms Association, Vir Citizens Defense League, Grass Roots NC, America's Future, CLDEF, Restoring Liberty Action Committee. Date of service: 09/19/2022. [12543892] [21-16756] (Morgan, Jeremiah) [Entered: 09/19/2022 04:53 PM] 09/22/2022 55 Filed (ECF) Appellees David Kikukawa and Todd Yukutake citation of supplemental authorities. Date of service: 09/22/2022. [12546418] [21-16756] --[COURT UPDATE: Attached corrected citation. 09/22/2022 by TYL] (Beck, Alan) [Entered: 09/22/2022 08:43 AM] 09/22/2022 56 Received 6 paper copies of Supplemental Brief [50] filed by David Kikukawa and Todd Yukutake. [12546944] (SD) [Entered: 09/22/2022 01:53 PM] 09/26/2022 57 Filed clerk order (Deputy Clerk: AC): The motion for leave to file an amicus curiae brief (Docket Entry No. [54]) is referred to the panel assigned to hear the merits of this appeal. Within 7 days after the date of this order, the prospective amicus is ordered to file 6 copies of the brief in paper format with green covers, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. The Form 18 certificate is available on the court’s website at http://www.ca9.uscourts.gov/forms/. The paper copies shall be submitted to the principal office of the Clerk. The address for regular U.S. mail is P.O. Box 193939, San Francisco, CA 94119-3939. The address for overnight mail is 95 Seventh Street, San Francisco, CA 94103-1526. [12549187] (OC) [Entered: 09/26/2022 11:29 AM] 09/28/2022 58 Received 6 paper copies of Supplemental Brief [52] filed by Clare E. Connors. [12551380] (SD) [Entered: 09/28/2022 11:37 AM] 09/29/2022 59 Filed (ECF) Appellant Clare E. Connors Correspondence: Letter Noticing Substitution of Party per FRAP 43(c)(2) - Shikada in place of Connors.. Date of service: 09/29/2022 [12552663] [21-16756] (Nakatsuji, Robert) [Entered: 09/29/2022 02:27 PM] 09/30/2022 60 Appellant Clare E. Connors substituted by Appellant Holly T. Shikada [12553258] (BJK) [Entered: 09/30/2022 10:28 AM] 10/03/2022 61 Received 6 paper copies of Amicus Brief [54] filed by Gun Owners of America, Inc., et al. [12554404] (SD) [Entered: 10/03/2022 11:38 AM] 10/11/2022 62 Filed (ECF) Appellees David Kikukawa and Todd Yukutake citation of supplemental authorities. Date of service: 10/11/2022. [12560168] [21-16756] (Beck, Alan) [Entered: 10/11/2022 02:22 PM]

Edited October 14, 2022 at 01:34 AM by Euler

[Euler]

The court is trying to schedule oral arguments for February.

 

10/20/2022 63 This case is being considered for an upcoming oral argument calendar in Honolulu. Please review the Honolulu sitting dates for February 13-17, 2023 at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please file Form 32 within 3 business days of this notice using the CM/ECF filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions carefully. When setting your argument date, the court will try to work around unavoidable conflicts; the court is not able to accommodate mere scheduling preferences. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a letter within 3 business days of this notice, using CM/ECF (Type of Document: Correspondence to Court; Subject: request for mediation). [12569315] (CSR) [Entered: 10/20/2022 03:15 PM] 10/21/2022 64 Filed (ECF) Appellees David Kikukawa and Todd Yukutake citation of supplemental authorities. Date of service: 10/21/2022. [12570600] [21-16756] (Beck, Alan) [Entered: 10/21/2022 03:47 PM] 10/21/2022 65 Filed (ECF) Appellees David Kikukawa and Todd Yukutake citation of supplemental authorities. Date of service: 10/21/2022. [12570779] [21-16756] (Beck, Alan) [Entered: 10/21/2022 09:11 PM]

[Euler]

Oral arguments have been scheduled for February 14.

 

11/17/2022 66 Filed (ECF) Appellant Holly T. Shikada, Esquire citation of supplemental authorities. Date of service: 11/17/2022. [12590735] [21-16756] (Nakatsuji, Robert) [Entered: 11/17/2022 05:48 PM] 12/04/2022 67 Notice of Oral Argument on Tuesday, February 14, 2023 - 09:00 A.M. - Hawaii Bkcy Courtroom 250L - Scheduled Location: Honolulu HI. The hearing time is the local time zone at the scheduled hearing location. View the Oral Argument Calendar for your case here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you may have the option to appear in person at the Courthouse or remotely by video. Anyone appearing in person must review and comply with our Protocols for In Person Hearings, available here. At this time, an election to appear remotely by video will not require a motion. The court expects and supports the fact that some attorneys and some judges will continue to appear remotely. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for remote appearance. Please note however that if you do elect to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to file a motion requesting permission to do so. Be sure to review the GUIDELINES for important information about your hearing, including when to be available (30 minutes before the hearing time) and when and how to submit additional citations (filing electronically as far in advance of the hearing as possible). If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in CM/ECF no later than 28 days before Tuesday, February 14, 2023. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice.[12601520]. [21-16756] (KS) [Entered: 12/04/2022 06:08 AM] 12/08/2022 68 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Robert Tadao Nakatsuji, Esquire for Appellant Holly T. Shikada, Esquire. Hearing in Honolulu on 02/14/2023 at 09:00 A.M. (Courtroom: Hawaii Bankruptcy Courtroom 250L). Filer sharing argument time: No. (Argument minutes: 20) Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 12/08/2022. [12606058] [21-16756] (Nakatsuji, Robert) [Entered: 12/08/2022 04:18 PM] 12/08/2022 69 Filed (ECF) Acknowledgment of hearing notice by Attorney Mr. Alan Alexander Beck for Appellees David Kikukawa and Todd Yukutake. Hearing in Honolulu on 02/14/2023 at 09:00 A.M. (Courtroom: Hawaii Bankruptcy Courtroom 250). Filer sharing argument time: No. Appearance in person or by video: I wish to appear in person. Special accommodations: NO. Filer admission status: I certify that I am admitted to practice before this Court. Date of service: 12/08/2022. [12606133] [21-16756] (Beck, Alan) [Entered: 12/08/2022 04:43 PM]

[Euler]

Appeal docket update: Anne Lopez has replaced Holly Shikida as the defendant/appellant (HI AG).

The case is now captioned Yukutake v Lopez.

 

12/28/2022 70 Filed text clerk order (Deputy Clerk: OC): The unopposed motion (Dkt. [54]) filed by Gun Owners of America, Inc. et al. for leave to file an amicus curiae brief in support of Plaintiffs’ supplemental brief concerning the significance of N.Y. State Rifle & Pistol a**’n v. Bruen., is GRANTED. [12619496] (OC) [Entered: 12/28/2022 04:05 PM] 12/28/2022 71 Filed clerk order: The amicus brief [54] submitted by Gun Owners of America, Inc.; et al., is filed. No additional paper copies are required. [12619559] (SML) [Entered: 12/28/2022 05:02 PM] 01/12/2023 72 Filed (ECF) Appellant Holly T. Shikada, Esquire Correspondence: Letter Regarding Substitution of Parties (Anne E. Lopez replacing Holly T. Shikada as Attorney General). Date of service: 01/12/2023 [12629837] [21-16756] (Nakatsuji, Robert) [Entered: 01/12/2023 05:18 PM] 01/12/2023 73 Filed (ECF) Appellant Holly T. Shikada, Esquire citation of supplemental authorities. Date of service: 01/12/2023. [12629838] [21-16756] (Nakatsuji, Robert) [Entered: 01/12/2023 05:20 PM] 01/13/2023 74 Appellant Holly T. Shikada substituted by Appellant Anne E. Lopez. [12629952] (RL) [Entered: 01/13/2023 09:27 AM]

[Euler]

Nothing much

 

02/04/2023 75 Filed (ECF) Appellees Todd Yukutake and David Kikukawa citation of supplemental authorities. Date of service: 02/04/2023. [12646329] [21-16756] (Beck, Alan) [Entered: 02/04/2023 05:42 PM] 02/04/2023 76 Filed (ECF) Appellees David Kikukawa and Todd Yukutake citation of supplemental authorities. Date of service: 02/04/2023. [12646330] [21-16756] (Beck, Alan) [Entered: 02/04/2023 05:51 PM]

[Euler]

Argued February 14

 

02/14/2023 77 ARGUED AND SUBMITTED TO CARLOS T. BEA, DANIEL P. COLLINS and KENNETH K. LEE. The audio and video recordings of this hearing are available on our website at http://www.ca9.uscourts.gov/media/. [12653184] (KAD) [Entered: 02/14/2023 03:39 PM] 02/14/2023 78 COURT DELETED INCORRECT ENTRY. Meant for case 20-15948. Notice about deletion sent to case participants registered for electronic filing. Original Text: Filed (ECF) Appellant Anne E. Lopez Correspondence: Letter Notice Substitution of Parties per FRAP 43(c)(2) - Anne E. Lopez in place of Holly T. Shikada. Date of service: 02/14/2023 [12653207] [21-16756] (Nakatsuji, Robert) [Entered: 02/14/2023 03:51 PM]

 

The media links are:

Audio: https://cdn.ca9.uscourts.gov/datastore/media/2023/02/14/21-16756.mp3

Video:

[Euler]

Post-argument filing

 

03/29/2023 79 Filed (ECF) Appellees David Kikukawa and Todd Yukutake citation of supplemental authorities. Date of service: 03/29/2023. [12684823] [21-16756] (Beck, Alan) [Entered: 03/29/2023 01:54 PM]

[Euler]

CourtListener switched CA9 docket URL at some point. ("new" CA9 docket)

 

Edited April 5, 2023 at 11:02 PM by Euler

[Euler]

On May 4, the state filed a motion to dismiss the case as moot, even though it has already been argued. The state claims that the plaintiffs have already got everything they wanted from the lawsuit. The legislature has repealed the requirement for the police to "inspect" weapons at the time of registration. (There's still a requirement to register all firearms.) The 10-day purchase license has also been replaced with a 30-day purchase license. (There's still a requirement to get a license to acquire.) The governor has not yet signed the bill into law, but he's expected to sign it before July.

 

1. If you missed it the first time above: The state wants the case dismissed, even though the bill hasn't even been signed yet.
2. As always, there's no guarantee that the legislature won't pass another law in the future putting all the garbage back.
3. The draconian law hasn't been repealed entirely. It's just slightly less draconian (or maybe will be).

 

Edited May 13, 2023 at 05:09 AM by Euler

[Euler]

On November 21, the plaintiffs filed the recent ruling in Maryland Shall Issue v Moore (Maryland license to acquire) as additional authority.

[Euler]

On April 16, the plaintiffs reminded CA9 that it has been 14 months without a ruling since arguments took place.

[yurimodin]

On 4/16/2024 at 10:34 PM, Euler said:

On April 16, the plaintiffs reminded CA9 that it has been 14 months without a ruling since arguments took place.

 

[Euler]

On February 11, plaintiffs submitted People v Brown (among others) as a supplemental authority.

On February 14, it has been 2 years since oral arguments.

[Euler]

On March 14, the 3-judge panel of the 9th Circuit affirmed the district decision that both the license-to-acquire provision and the inspection/registration provision of the Hawaii law are unconstitutional.

Expect Hawaii to request an en banc rehearing.

[Euler]

On March 20, Hawaii filed a motion to extend the deadline to request an en banc rehearing to April 11.

[Euler]

On March 21, the court extended the deadline to request a rehearing.

[Euler]

On April 11, Hawaii filed a petition for an en banc rehearing.

[Euler]

On April 14, the panel ordered plaintiffs to respond to the petition for en banc rehearing by May 5.

[Euler]

On May 5, the plaintiffs responded on time to the petition for rehearing.