Last Updated on September 23, 2020

For the complete PACER docket as of 6/5/2020 at 6:53 AM, Click here. For a PDF, click on this link -> Young v. Hawaii Docket 12-17808 6-5-2020

En Banc Petition Granted!

The en banc panel is likely to confine its questioning to the petition for rehearing en banc. Here is a link to that petition.

Young v. Hawaii – Petition for Rehearing En Banc

Update September 21, 2020 – The en banc oral argument in Young v. Hawaii will take place this Thursday, September 24th, at 1:30 PM. The video of the oral argument will be live-streamed here -> https://www.ca9.uscourts.gov/media/live_oral_arguments.php

Update – September 14, 2020, – The 9th circuit court of appeals unveiled the eleven-judge panel. It could have been far worse. The breakdwon is four votes for and against Young with three votes “Unknown.” Six votes are needed to win. If the panel holds that the Second Amendment is limited to the inside of our homes then both Young and I lose. If the panel holds that the 2A extends outside of the interior of our homes but the state can require “heightened need” for a carry permit then Young loses and I win.

Update – August 24, 2020, – The 9th circuit court of appeals issued the following:

United States Court of Appeals for the Ninth Circuit

The following transaction was entered on 08/24/2020 at 12:34:12 PM PDT and filed on 08/24/2020

Case Name: George Young, Jr. v. State of Hawaii, et al Case Number: 12 – 17808

Docket Text:

Notice of Oral Argument on Thursday, September 24, 2020 – 1:30 P.M. Pacific – Scheduled Location: Courtroom 1 – San Francisco CA.

The hearing time is the local time zone at the scheduled hearing location, even if the argument is fully remote.

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, any argument may be held remotely with judges and attorneys appearing by video or telephone. Travel to a courthouse will not be required. If the panel determines that it will hold oral argument, the Clerk’s Office will be in contact with you directly at least two weeks before the set argument date to make any necessary arrangements for remote appearance.

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 21 days before Thursday, September 24, 2020. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [11800132] (AW)

Update – August 12, 2020, – – The 9th circuit court of appeals published the names of the judges on one of the two other en banc cases calendared along with Young v. Hawaii. This was no doubt an accident but the panel of judges selected for Young v. Hawaii will be very different.

Update – July 15, 2020, – I forgot to include Judge Ryan D. Nelson in my analysis below. He is likely a vote for Young. The new breakdown is eleven likely against Young, six unknown, and five likely in favor of Young.

Update – July 6, 2020, – We are two and a half away months from en banc oral argument.

Update – July 5, 2020, – Being appointed by a Republican President is no guarantee that the person appointed is a conservative. That is especially true of Federal judicial nominations. Except for a brief period after the Justice Kavanaugh Senate hearings, President Trump and Senate majority leader Mitch McConnell gave home state senators the power to veto judicial nominations. Even after the Kavanaugh confirmation hearings, home-state senators retained their veto power over Federal district court judge nominations. Couple this with the fact that Republican senators had always bent over and grabbed their ankles in support of judicial nominees made by Democrats, and you can see why our Federal judiciary has rebelled against the Second Amendment.

President Trump’s appointments to the 9th circuit court of appeals:

Mark J. Bennett = All DEMS voted for him. 27 REPS voted against him because of his opposition to the 2nd Amendment. Judge Bennett did not participate in the en banc vote. It is likely that he recused himself and therefore won’t be on the en banc panel.

Daniel P. Collins = 53-46. Party line vote. Not Voting – 1 Bennet (D-CO).

Bridget S. Bade = 78-21. Pretty much the only DEMS who voted against her were running for President.

Lawrence VanDyke = 51–44. Every Republican present except Sen. Susan Collins voted for the nomination; every Democrat present opposed it.

Ryan Douglas Nelson = 51-44. One DEM voted for him. Not Voting – 5 Feinstein (D-CA), Heinrich (D-NM), Heitkamp (D-ND), Nelson (D-FL), Rubio (R-FL).

Eric D. Miller = 53-46. Party line vote. Not Voting – 1 Sinema (D-AZ).

Kenneth Kiyul Lee = 52-45. Not Voting – 3 Booker (D-NJ), Cruz (R-TX), Hirono (D-HI).

Danielle J. Hunsaker = 73-17. Not Voting – 10 Bennet (D-CO), Booker (D-NJ), Burr (R-NC), Cassidy (R-LA), Harris (D-CA), Isakson (R-GA), Kennedy (R-LA), Klobuchar (D-MN).

Patrick J. Bumatay = 53-40. Party line vote. Not Voting – 7 Bennet (D-CO), Booker (D-NJ), Harris (D-CA), Klobuchar (D-MN), Sanders (I-VT), Warner (D-VA), Warren (D-MA).

Daniel Aaron Bress = 53-45. Party line vote. Not Voting – 2 Gillibrand (D-NY), Sanders (I-VT).

Update – July 1, 2020, – Here is my take on the pool of judges from which the Young v. Hawaii en banc panel was drawn.

The State of Hawaii with its en banc supplemental brief has put the 9th circuit court of appeals in a tough spot by arguing that there is no right to bear arms. The state’s concession that nobody, other than security guards, has been issued a permit for 20 years, coupled with the fact that the State of Hawaii did not submit one iota of evidence in support of the ban in district court also places the en banc court in a bind.

Although an en banc court is not bound by prior panel decisions, unless it throws out decades of prior panel decisions, it can’t even “defer to the predictive” judgments of the Hawaii legislature because there was nothing in the district court record as to why Hawaii enacted its permitting scheme. Not forgetting that Young does not challenge the permit requirement. If the en banc panel holds that there is no right to bear arms then it creates a split with every Federal circuit and with every SCOTUS Rule 10 state court of last resort. That isn’t to say that prior panels haven’t invented facts that weren’t in the record in order to support their conclusion, but that’s harder to do when there are eleven judges sitting on the panel.

That doesn’t mean that the 9th circuit won’t do that but despite the SCOTUS denial of all ten 2A cert petitions, for the en banc panel to hold that there is no right to bear arms it will require six of the eleven judges to so hold. Although there are probably six judges who would rule in favor of Hawaii, they won’t say that there is no right to bear arms, they will come up with something else.

The Young v. Hawaii en banc panel was drawn on February 11, 2019.

Chief Judge Sidney R. Thomas will preside over the Young v. Hawaii en banc panel. His tenure as Chief Judge expires on December 1, 2021. Susan P. Graber is next in line to replace Chief Judge Thomas.

The remaining ten judges of the eleven judge limited en banc panel were randomly drawn from the active judges as well as the two senior judges who sat on the Young v. Hawaii panel (if they so chose to be in the en banc pool). Except for the two judges, Clifton and O’Scannlain who sat on the Young v. Hawaii three-judge panel, senior judges are not eligible to sit on an en banc panel.

Two judges, Bea and Bybee, will not be on the en banc panel. They assumed senior status after the en banc panel was selected. If either of them had been picked for the en banc panel then I doubt they would have taken senior status. If one or both of them were selected but decided to take senior status nonetheless then their replacements would have been picked after 12/31/2019. That assumes that there were no alternates selected on February 11, 2019. Carlos Bea (assumed senior status on 12/31/2019). Jay Bybee (assumed senior status on 12/31/2019).

The following is the pool of eligible judges from which ten were randomly picked on February 11, 2019. There are eleven judges who will, or likely will, vote in favor of Hawaii: Clifton, Graber, McKeown, Fletcher, Paez, Rawlinson, Nguyen, Watford, Hurwitz, Owens, and Friedland. There are six “Unknown” judges, although three of these unknowns lean ever so slightly in favor of Young: Chief Judge Thomas, Wardlaw, Gould, Berzon, Murguia, and Christen. Two of the three judges who sat on the Young three-judge panel are likely to stand by their decision and vote for Young: O’Scannlain and Ikuta. Add to their number Callahan, Smith, and Ryan D. Nelson, and that makes five likely votes for Young. In short, the breakdown is 11 against, six unknown, and five in favor of Young. Bennett did not participate in the en banc vote which strongly suggests that he recused himself and will not be on the en banc panel.

Please note that every one of these judges on the following list, with the exception of Ryan D. Nelson, was confirmed with the approval of both home-state senators. Therefore, their choice reflects more the politics, or in most cases knee-jerk obsequiousness of Republican senators to Democrat nominees. Democrat senators vote against judges they don’t agree with. Republican senators bend over and grab their ankles for Democrat presidents when it comes to nominating judges.

Diarmuid O’Scannlain (Senior status) – Likely vote for Young. He wrote the divided three-judge panel decision in favor of George Young Jr.

Richard R. Clifton (Senior status) – Will vote in favor of Hawaii. He dissented in the divided three-judge panel decision in favor of Hawaii.

Susan P. Graber – Clinton – Will vote in favor of Hawaii. (Joined in Peruta en banc majority)

M. Margaret McKeown – Clinton – Will vote in favor of Hawaii. (Joined in Peruta en banc majority)

Kim McLane Wardlaw – Clinton – Unknown. In 2012, Judge Wardlaw properly reversed and remanded a district court judgment because the district court judge relied on a decision from before Heller, coupled with the fact that the prior “Decision did not address the question of whether § 922(g)(9) [misdemeanor crime of domestic violence] violates the Second Amendment…” Judge Wardlaw is a better judge than Clifton every day of the week and twice on Sunday.

William A. Fletcher – Clinton – Will likely vote in favor of Hawaii. (He wrote the Peruta en banc majority)

Ronald M. Gould – Clinton – Unknown to leans in favor of Young.

Richard Paez – Clinton – Will likely vote in favor of Hawaii. (Joined in Peruta en banc majority)

Marsha S. Berzon – Clinton – Unknown to leans slightly in favor of Young. In the oral argument for Mehl v. Blanas, she said she was bound by the decision in District of Columbia v. Heller. One of her fellow judges then reminded her that this is a concealed carry case.

Johnnie B. Rawlinson – Clinton – Will likely vote in favor of Hawaii.

Consuelo Callahan – G.W. Bush – Will likely vote in favor of Young. (Peruta dissent)

Milan Smith – G.W. Bush – Will likely vote in favor of Young.

Sandra Segal Ikuta – G.W. Bush – Likely vote for Young. She joined the divided three judge panel decision in favor of George Young Jr.

Mary H. Murguia – Obama – Unknown

Morgan Christen – Obama – Unknown to leans slightly in favor of Young.

Jacqueline Nguyen – Obama – Will likely vote in favor of Hawaii.

Paul J. Watford – Obama – Will likely vote in favor of Hawaii.

Andrew D. Hurwitz – Obama – Will likely vote in favor of Hawaii.

John B. Owens – Obama – Will vote in favor of Hawaii. (Joined in Peruta en banc majority)

Michelle Friedland – Obama – Will vote in favor of Hawaii.

Mark J. Bennett – Trump – Did not participate in the en banc vote and likely recused himself. If he did not then he will be a vote against Young if he is on the panel. I assumed he recused himself.

Ryan D. Nelson – Trump – Will likely vote in favor of Young.

Chief Judge Sidney R. Thomas (appointed by Clinton) is an unknown. My sense is that if he were the lone judge deciding the case then he would hold that a law that allows Loaded Open Carry outside of cities while requiring Unloaded Open Carry inside of cities does not violate the Second Amendment. He said as much in his dissent in the Peruta v. San Diego three-judge panel opinion.

Update – June 29, 2020, – Both sides filed the last of their supplemental en banc reply briefs. The en banc appeal is now fully briefed.

296 – Hawaii Reply Brief

298 – Young Reply Brief

Update – June 15, 2020, – For Mr. Young to win given the denial of cert of all ten Second Amendment cert petitions today, he will have to draw a favorable panel of judges that hold he does not need a heightened need for a permit to carry a handgun outside of his home.

Update – June 8, 2020, – From the Clerk’s office: “Defendants-Appellees’ motion for an extension of time to file their supplemental en banc reply brief is GRANTED. The reply brief for both parties will now be due on Monday, June 29, 2020.”

Update – June 4, 2020, – Today is the deadline for Amici and prospective Amici to file their Amicus briefs in this case. One of Mr. Young’s attorney has saved me money on PACER fees by emailing me the Amicus briefs that have been filed today. He has emailed me the following Amicus briefs as well as a couple of filing regarding the State of Hawaii’s motion to extend the time to file its brief. Click on the links below. The deadline for filing Amicus briefs, in this case, is 11:59 PM tonight and so check back over the next few days to see if I have added any new briefs.

229 Defendants Extension to respond to reply brief

231 Amicus of Neal Goldfarb in support of Hawaii

233 NCLA Amicus in support of Young

234 opposition to state request for extension

234 Young Response to Extension Request

235 Amicus brief of Louisiana, et al in support of Young

236-1 Amici of Hawaii w Ballard Dec

237 Corpus Linguistic brief supporting hawaii

238 NRA brief supporting Young

239 NJ and other states supporting Hawaii

240 Social Scientists in support of Hawaii

241 Amicus professors of history in support of Hawaii

242 Amicus of CA in support of HI

243 Everytown brief

244 Prosecutors against gun violence

245 En Banc Appellees Brief

246 Giffords Amicus Curiae

246 Corrected Brief of Giffords Law Center to Prevent Gun Violence

248 Cutonilli amicus in support of Young

249 Young Supplemental Brief

265 Amicus of Professors of Second Amendment Law et al

266 Amicus of Hawaii Rifle Assoc.

266 Corrected Brief of Hawaii Rifle Association; California Rifle & Pistol Association, Incorporated; and Gun Owners of California

267 Amicus of Hawaii FIrearms Coalition

280-2 Proposed Amicus Brief of Brady in Support of Appellee

Update – April 30, 2020, – On 4/30/2020 at 3:20:38 PM PDT the filing ORDER was filed:

Docket Text:

Filed order (SIDNEY R. THOMAS): On February 14, 2019, this Court stayed en banc proceedings pending the issuance of an opinion by the United States Supreme Court in New York State Rifle& Pistol Association, Inc, v. City of New York, No. 18-820 and further order of this Court. The Supreme Court has now issued its decision. New York State Rifle & Pistol Ass’n, Inc, v. City of New York, 590 U.S. ___, 2020 WL 1978708 (April 27, 2020). Therefore, the stay of en banc proceedings in this case is lifted. En banc argument will take place during the week of September 21, 2020, at the James R. Browning United States Courthouse in San Francisco, California. The specific date and time will be set by separate order. For further information or special requests regarding scheduling, please contact Deputy Clerk Paul Keller at Paul_Keller@ca9.uscourts.gov or (206) 224- 2236. Given this order, appellant Young’s motion to lift the stay (Dckt # [226]) is DENIED as moot. The parties are instructed to file simultaneous supplemental briefs of no more than 10,000 words on or before June 4, 2020. The parties may file an optional supplemental reply brief of not more than 5,000 words on or before June 22, 2020. Given this order, the State of Hawai’i’s motion for supplemental briefing (Dckt # [202]) is DENIED as moot. The parties shall file with the Court eighteen additional copies of the supplemental briefs filed within seven days of the due dates. The State of Louisiana’s motion for an extension of time in which to file an amicus curiae brief (Dckt # [218]) is GRANTED. The amicus brief will be due on or before June 4, 2020, shall not exceed 5,000 words, and shall otherwise conform to the requirements of Ninth Circuit Rule 29. Amicus shall file with the Court eighteen additional copies of the brief filed within seven days of the due date. Further motions to file amicus briefs must be filed on or before June 4, 2020, must conform to the requirements of Circuit Rule 29, and any brief submitted shall not exceed 5,000 words. Any amicus curiae who is granted leave to file an amicus brief shall file with the Court eighteen additional copies of the brief within seven days after leave to file a brief is granted. [11677171] (AF)

Update – April 28, 2020, – On 4/27/2020 at 7:41 AM, George Young Jr., filed a motion to lift the stay of his en banc appeal. En branch oral arguments take place quarterly. The March en banc oral arguments have been postponed. There is plenty of time to calendar the oral arguments for June.

Update – January 11, 2020, – It has been nearly a year since this appeal was stayed. There is no way of moving my appeal forward that has a likelihood of success, and so Charles Nichols v. Gavin Newsom et al is going to have to wait until Young v. Hawaii is decided.

Here is the Young v. Hawaii docket as it appeared on January 11, 2020.

General Docket

United States Court of Appeals for the Ninth Circuit

Court of Appeals Docket #: 12-17808 Docketed: 12/24/2012 Nature of Suit: 3440 Other Civil Rights George Young, Jr. v. State of Hawaii, 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 : 1:12-cv-00336-HG-BMK Trial Judge: Helen W. Gillmor, Senior District Judge Date Filed: 06/12/2012 Date Order/Judgment: Date Order/Judgment EOD: Date NOA Filed: Date Rec’d COA: 11/29/2012 11/29/2012 12/14/2012 12/21/2012 Prior Cases: None Current Cases: None

GEORGE K. YOUNG, Jr.

Plaintiff – Appellant, Alan Alexander Beck, Esquire, Attorney

Direct: 619-971-0424

[COR LD NTC Retained]

Law Offices of Alan Beck

4780 Governor Drive

San Diego, CA 92122Stephen D. Stamboulieh

Direct: 601-852-3440

[COR NTC Retained]

Stamboulieh Law, PLLC

P.O. Box 4008

Madison, MS 39130 v. STATE OF HAWAII

Defendant – Appellee, John M. Cregor, Jr., Esquire, Deputy Attorney General

[COR LD NTC Dep State Aty Gen]

AGHI – OFFICE OF THE HAWAII ATTORNEY GENERAL

Firm: 808-568-1180

425 Queen Street

Honolulu, HI 96813Kaliko’Onalani Diara Fernandes, Deputy Solicitor

Direct: 808-586-1360

[COR NTC Dep State Aty Gen]

AGHI – OFFICE OF THE HAWAII ATTORNEY GENERAL

Firm: 808-568-1180

425 Queen Street

Honolulu, HI 96813Neal Kumar Katyal

[COR NTC Retained]

Hogan Lovells US LLP

Firm: 202-637-5600

555 Thirteenth Street, NW

Washington, DC 20004Mitchell Reich

[COR NTC Retained]

Hogan Lovells US LLP

Firm: 202-637-5600

555 Thirteenth Street, NW

Washington, DC 20004 NEIL ABERCROMBIE, in his capacity as Governor of the State of Hawaii

Defendant – Appellee, John M. Cregor, Jr., Esquire, Deputy Attorney General

[COR LD NTC Dep State Aty Gen]

(see above)Neal Kumar Katyal

[COR NTC Retained]

(see above) DAVID MARK LOUIE I, Esquire, in his capacity as State Attorney General

Defendant – Appellee, John M. Cregor, Jr., Esquire, Deputy Attorney General

[COR LD NTC Dep State Aty Gen]

(see above)Neal Kumar Katyal

[COR NTC Retained]

(see above) COUNTY OF HAWAII, as a sub-agency of the State of Hawaii

Defendant – Appellee, D. Kaena Horowitz, Deputy Corporation Counsel

Direct: 808-961-8251

[COR LD NTC Dep County Counsel]

Office of the Corporation Counsel

Hilo Lagoon Centre

Suite 325

101 Aupuni Street

Hilo, HI 96720Neal Kumar Katyal

[COR NTC Retained]

(see above)Laureen L. Martin, Assistant Corporation Counsel

Direct: 808-961-8251

[COR NTC County Counsel]

Office of the Corporation Counsel

Hilo Lagoon Centre

Suite 325

101 Aupuni Street

Hilo, HI 96720 WILLIAM P. KENOI, in his capacity as Mayor of the County of Hawaii

Defendant – Appellee, D. Kaena Horowitz, Deputy Corporation Counsel

Direct: 808-961-8251

[COR LD NTC Dep County Counsel]

(see above)Neal Kumar Katyal

[COR NTC Retained]

(see above)Laureen L. Martin, Assistant Corporation Counsel

Direct: 808-961-8251

[COR NTC County Counsel]

(see above) HILO COUNTY POLICE DEPARTMENT, as a sub-agency of the County of Hawaii

Defendant – Appellee, Neal Kumar Katyal

[COR NTC Retained]

(see above)Melody A. Parker, Deputy Corporation Counsel

Direct: 808-896-9268

[COR NTC County Counsel]

Melody Parker Law

P.O. Box 1615

Hilo, HI 96721 HARRY S. KUBOJIRI, in his capacity as Chief of Police

Defendant – Appellee, D. Kaena Horowitz, Deputy Corporation Counsel

Direct: 808-961-8251

[COR LD NTC Dep County Counsel]

(see above)Neal Kumar Katyal

[COR NTC Retained]

(see above)Laureen L. Martin, Assistant Corporation Counsel

Direct: 808-961-8251

[COR NTC County Counsel]

(see above) JOHN DOES, 1-25

Defendant – Appellee, JANE DOES, 1-25

Defendant – Appellee, DOE CORPORATIONS, 1-5

Defendant – Appellee, DOE ENTITIES, 1-5

Defendant – Appellee, —————————— STATE OF HAWAII

Terminated: 08/29/2018

Intervenor – Pending, —————————— STATE OF HAWAII

Amicus Curiae, Kimberly Tsumoto Guidry

[COR NTC Dep State Aty Gen]

AGHI – OFFICE OF THE HAWAII ATTORNEY GENERAL

Firm: 808-568-1180

425 Queen Street

Honolulu, HI 96813Neal Kumar Katyal

[COR NTC Retained]

(see above)Robert Tadao Nakatsuji, Esquire

[COR NTC Dep State Aty Gen]

AGHI – OFFICE OF THE HAWAII ATTORNEY GENERAL

Firm: 808-568-1180

425 Queen Street

Honolulu, HI 96813 CITY AND COUNTY OF HONOLULU

Amicus Curiae, Daniel E. Jackson, Esquire, Attorney

Direct: 415-391-5400

[NTC Retained]

Keker, Van Nest & Peters LLP

633 Battery Street

San Francisco, CA 94111 COUNTY OF KAUAI

Amicus Curiae, Daniel E. Jackson, Esquire, Attorney

Direct: 415-391-5400

[NTC Retained]

(see above) COUNTY OF MAUI

Amicus Curiae, Daniel E. Jackson, Esquire, Attorney

Direct: 415-391-5400

[NTC Retained]

(see above) EVERYTOWN FOR GUN SAFETY

Amicus Curiae, Deepak Gupta

Direct: 202-888-1741

[COR LD NTC Retained]

Gupta Wessler PLLC

1900 L Street, NW

Suite 312

Washington, DC 20036 GIFFORDS LAW CENTER TO PREVENT GUN VIOLENCE

Amicus Curiae, Simon J. Frankel, Esquire, Attorney

Direct: 415-591-7052

[COR LD NTC Retained]

Covington & Burling LLP

Salesforce Tower

Suite 5400

415 Mission Street

San Francisco, CA 94105-2533 STATE OF NEW JERSEY, CALIFORNIA, CONNECTICUT, DELAWARE, ILLINOIS, IOWA, MASSACHUSETTS, MARYLAND, OREGON, RHODE ISLAND, VIRGINIA, AND THE DISTRICT OF COLUMBIA

Amicus Curiae, Jeremy Feigenbaum, Esquire

Direct: 609-376-2690

[COR LD NTC Dep State Aty Gen]

Office of the New Jersey Attorney General

Hughes Justice Complex

25 Market Street

First Floor

Trenton, NJ 08625 SAN DIEGO COUNTY GUN OWNERS POLITICAL ACTION COMMITTEE

Amicus Curiae, John William Dillon, Attorney

Direct: 760-431-9501

[COR LD NTC Retained]

Gatzke Dillon & Ballance LLP.

2762 Gateway Road

Carlsbad, CA 92009 HAWAII RIFLE ASSOCIATION

Amicus Curiae, Richard Loren Holcomb, Jr., Esquire, Attorney

Direct: 808-545-4040

[COR LD NTC Retained]

Holcomb Law, LLLC

1136 Union Mall

Suite 805

Honolulu, HI 96813 HAWAII FIREARMS COALITION

Amicus Curiae, Donald L. Wilkerson, Attorney

Direct: 808-533-4447

[COR LD NTC Retained]

Law Offices Donald L. Wilkerson

242 Kuikahi Street

Hilo, HI 96720 GUN OWNERS OF AMERICA, INC.

Amicus Curiae, Herbert W. Titus, Esquire

[COR LD NTC Retained]

William J. Olson, P.C.

370 Maple Ave. W

Suite 4

Vienna, VA 22180-5615 GUN OWNERS FOUNDATION

Amicus Curiae, Herbert W. Titus, Esquire

[COR LD NTC Retained]

(see above) THE HELLER FOUNDATION

Amicus Curiae, Herbert W. Titus, Esquire

[COR LD NTC Retained]

(see above) VIRGINIA CITIZENS DEFENSE LEAGUE

Amicus Curiae, Herbert W. Titus, Esquire

[COR LD NTC Retained]

(see above) CONSERVATIVE LEGAL DEFENSE AND EDUCATION FUND

Amicus Curiae, Herbert W. Titus, Esquire

[COR LD NTC Retained]

(see above) RESTORING LIBERTY ACTION COMMITTEE

Amicus Curiae, Herbert W. Titus, Esquire

[COR LD NTC Retained]

(see above) SECOND AMENDMENT FOUNDATION, INC.

Amicus Curiae, David G. Sigale

Direct: 630-452-4547

[COR LD NTC Retained]

Law Firm of David G. Sigale, P.C.

799 Roosevelt Rd.

Suite 207

Glen Ellyn, IL 60137 THE MADISON SOCIETY, INC.

Amicus Curiae, Donald Kilmer, Jr., Attorney

[COR LD NTC Retained]

Law Offices of Donald Kilmer

3455 Jarvis Avenue

San Jose, CA 95118 THE CALGUNS FOUNDATION

Amicus Curiae, Donald Kilmer, Jr., Attorney

[COR LD NTC Retained]

(see above) THE FIREARMS POLICY COALITION, INC.

Amicus Curiae, Donald Kilmer, Jr., Attorney

[COR LD NTC Retained]

(see above) FIREARMS POLICY FOUNDATION

Amicus Curiae, Donald Kilmer, Jr., Attorney

[COR LD NTC Retained]

(see above)

GEORGE K. YOUNG, Jr., Plaintiff – Appellant, v. STATE OF HAWAII; NEIL ABERCROMBIE, in his capacity as Governor of the State of Hawaii; DAVID MARK LOUIE I, Esquire, in his capacity as State Attorney General; COUNTY OF HAWAII, as a sub-agency of the State of Hawaii; WILLIAM P. KENOI, in his capacity as Mayor of the County of Hawaii; HILO COUNTY POLICE DEPARTMENT, as a sub-agency of the County of Hawaii; HARRY S. KUBOJIRI, in his capacity as Chief of Police; JOHN DOES, 1-25; JANE DOES, 1-25; DOE CORPORATIONS, 1-5; DOE ENTITIES, 1-5, Defendants – Appellees.

12/24/2012 1

18 pg, 226.66 KB DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL AND PRO SE APPELLANT. SEND MQ: No. The schedule is set as follows: Appellant George K. Young Jr. opening brief due 03/25/2013. Appellees Neil Abercrombie, County of Hawaii, Doe Corporations, Doe Entities, Hilo County Police Department, Jane Does, John Does, William P. Kenoi, Harry S. Kubojiri, David M. Louie and State of Hawaii answering brief due 04/25/2013. Appellant’s optional reply brief is due 14 days after service of the answering brief. [8451772] (RT) [Entered: 12/24/2012 12:48 PM] 01/02/2013 2

3 pg, 82.03 KB Filed (ECF) notice of appearance of Alan Alexander Beck for Appellant George K. Young, Jr.. Date of service: 01/02/2013. [8458826] (Beck, Alan) [Entered: 01/02/2013 05:01 PM] 01/02/2013 3 Added attorney Alan Alexander Beck for George K. Young Jr., in case 12-17808. [8458834] (HH) [Entered: 01/02/2013 05:05 PM] 01/02/2013 4

5 pg, 174.22 KB Filed (ECF) Appellant George K. Young, Jr. Mediation Questionnaire. Date of service: 01/02/2013. [8458849]–[COURT UPDATE: Attaached corrected PDF of questionnaire to correct viewing error (blank). Resent NDA. 01/04/2013 by RY] (Beck, Alan) [Entered: 01/02/2013 05:13 PM] 02/11/2013 5 Case rejected from Circuit Mediation Program. [8508364] [12-17808, 12-17845, 12-35748, 12-35947, 12-35976, 12-36011] (LW) [Entered: 02/11/2013 11:13 AM] 02/16/2013 6

161 pg, 5.25 MB Submitted (ECF) Opening Brief for review. Submitted by Appellant George K. Young, Jr.. Date of service: 02/16/2013. [8516981]–[COURT UPDATE: Replaced PDF w/corrected version (footnotes), resent notice. 02/20/2013 by ASW] (Beck, Alan) [Entered: 02/16/2013 01:10 AM] 02/19/2013 7

107 pg, 4.8 MB Filed Appellant George K. Young, Jr. paper copies of excerpts of record in 1 volume(s). [8518753] (RH) [Entered: 02/19/2013 03:02 PM] 02/20/2013 8

2 pg, 83.12 KB Filed clerk order: The opening brief [6] submitted by George K. Young, Jr. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 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: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8520660] (RH) [Entered: 02/20/2013 04:04 PM] 02/22/2013 9 Received 7 paper copies of Opening brief [6] filed by George K. Young, Jr.. [8523542] (SD) [Entered: 02/22/2013 02:26 PM] 02/25/2013 10

3 pg, 162.15 KB Filed (ECF) Errata to Opening brief ([6] Brief Submitted for Review (ECF Filing) ). Filed by Appellant George K. Young, Jr.. Date of service: 02/25/2012. [8524232] (Beck, Alan) [Entered: 02/25/2013 08:52 AM] 02/28/2013 11

32 pg, 293.24 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 02/28/2013. [8531147] (Beck, Alan) [Entered: 02/28/2013 12:24 PM] 03/03/2013 12

4 pg, 88.18 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 03/03/2013. [8534393] (Beck, Alan) [Entered: 03/03/2013 08:29 AM] 03/11/2013 13

6 pg, 239.23 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 03/11/2003. [8544214] (Beck, Alan) [Entered: 03/11/2013 02:21 AM] 03/16/2013 14

22 pg, 452.65 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 03/16/2013. [8553545] (Beck, Alan) [Entered: 03/16/2013 06:59 PM] 03/21/2013 15

35 pg, 673.3 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 03/21/2013. [8558893] (Beck, Alan) [Entered: 03/21/2013 02:31 AM] 03/27/2013 16

14 pg, 5.14 MB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 02/27/2013. [8565862] (Beck, Alan) [Entered: 03/27/2013 10:22 AM] 03/31/2013 17

40 pg, 4.28 MB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 03/31/2013. [8571097] (Beck, Alan) [Entered: 03/31/2013 10:43 AM] 04/02/2013 18 Filed (ECF) Streamlined request for extension of time to file Answering Brief by Appellant George K. Young, Jr. and Appellees Neil Abercrombie, County of Hawaii, Doe Corporations, Doe Entities, Hilo County Police Department, Jane Does, John Does, William P. Kenoi, Harry S. Kubojiri, David M. Louie and State of Hawaii. New requested due date is 05/24/2013 at 05:00 pm. [8573942] (Udovic, Michael) [Entered: 04/02/2013 12:50 PM] 04/02/2013 19 Streamlined request [18] by Appellees Neil Abercrombie, County of Hawaii, Doe Corporations, Doe Entities, Hilo County Police Department, Jane Does, John Does, William P. Kenoi, Harry S. Kubojiri, David M. Louie and State of Hawaii to extend time to file the brief is approved. Amended briefing schedule: Appellees Neil Abercrombie, County of Hawaii, Doe Corporations, Doe Entities, Hilo County Police Department, Jane Does, John Does, William P. Kenoi, Harry S. Kubojiri, David M. Louie and State of Hawaii answering brief due 05/24/2013. The optional reply brief is due 14 days from the date of service of the answering brief. [8574220] (LN) [Entered: 04/02/2013 02:26 PM] 04/02/2013 20

12 pg, 91.41 KB Filed (ECF) Appellees County of Hawaii, Hilo County Police Department, William P. Kenoi and Harry S. Kubojiri Motion to strike whole of Plaintiff-Appellant’s Notices of Supplemental Authority Filed February 28, 2013, March 3, 2013, March 11, 2013, March 16, 2013, March 21, 2013, March 27, 2013 and March 31, 2013. Date of service: 04/02/2013. [8574404] (Udovic, Michael) [Entered: 04/02/2013 03:14 PM] 04/03/2013 21

1 pg, 60.81 KB Filed (ECF) Appellees County of Hawaii, Hilo County Police Department, William P. Kenoi and Harry S. Kubojiri Correspondence: filing of expedited request for extension of time to file its Answering Brief. Date of service: 04/03/2013 [8576517] (Udovic, Michael) [Entered: 04/03/2013 05:54 PM] 04/10/2013 22 COURT DELETED INCORRECT/DUPLICATE ENTRY. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [24]. Original Text: Filed (ECF) Appellant George K. Young, Jr. Motion to file supplemental brief and Response to motion (motion to strike portion or whole of document). Date of service: 04/10/2013. [8585168] (Beck, Alan) [Entered: 04/10/2013 02:39 PM] 04/10/2013 23

30 pg, 5.37 MB COURT ENTERED FILING. Submitted (ECF) Supplemental Brief for review. Submitted by Appellant George K. Young, Jr.. Date of service: 04/10/2013. [8585987] (RY) [Entered: 04/11/2013 09:47 AM] 04/10/2013 24

35 pg, 4.37 MB COURT ENTERED FILING to correct entry [22]. Filed (ECF) Appellant George K. Young, Jr. Motion to file supplemental brief and Response to motion (motion to strike portion or whole of document). Date of service: 04/10/2013. [8586020] (RY) [Entered: 04/11/2013 09:57 AM] 04/12/2013 25

1 pg, 23.37 KB Filed clerk order (Deputy Clerk: CAG): The appellees’ motion to strike, the appellant’s response thereto, the appellant’s motion to file a supplemental brief, the proposed supplemental brief, and shall be referred for disposition to the panel that considers the merits of the appeal. [8587769] (AF) [Entered: 04/12/2013 10:19 AM] 04/12/2013 26

7 pg, 78.56 KB Filed (ECF) Appellees County of Hawaii, William P. Kenoi and Harry S. Kubojiri reply to response (,motion to file supplemental brief). Date of service: 04/12/2013. [8589034] (Udovic, Michael) [Entered: 04/12/2013 05:42 PM] 04/14/2013 27

39 pg, 541.96 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 04/14/2013. [8589082] (Beck, Alan) [Entered: 04/14/2013 04:03 AM] 04/14/2013 28

3 pg, 159.5 KB Filed (ECF) Appellant George K. Young, Jr. Correspondence: Notice of Related Case in the Event that Defendants’ motion to strike is denied and Mr. Young’s Supplemental Brief is approved.. Date of service: 04/14/2013 [8589092] (Beck, Alan) [Entered: 04/14/2013 01:36 PM] 04/22/2013 29

11 pg, 243.71 KB Filed (ECF) Appellant George K. Young, Jr. Motion to hear this case before the panel which will hear case This motion asks that this case be heard by the same panel as San Francisco v. Jackson.. Date of service: 04/22/2013. [8598087] (Beck, Alan) [Entered: 04/22/2013 11:15 AM] 04/28/2013 30

13 pg, 254.37 KB Filed (ECF) Appellant George K. Young, Jr. reply to response (,motion to hear case with other case). Date of service: 04/28/2013. [8607420] (Beck, Alan) [Entered: 04/28/2013 10:06 PM] 04/30/2013 31

1 pg, 23.78 KB Filed clerk order (Deputy Clerk: KN): The “motion to align or expedite” appeal Nos. 12-17803 and 12-17808 is denied. The answering brief in appeal No. 12-17808 remains due May 24, 2013 and the optional reply remains due 14 days from the date of service of the answering brief. [8609677] (TSP) [Entered: 04/30/2013 10:46 AM] 05/24/2013 32

49 pg, 485.69 KB Submitted (ECF) Answering Brief for review. Submitted by Appellees County of Hawaii, William P. Kenoi and Harry S. Kubojiri. Date of service: 05/24/2013. [8643295]–[COURT UPDATE: Attached corrected brief. Resent NDA. 05/28/2013 by RY] (Udovic, Michael) [Entered: 05/24/2013 04:22 PM] 05/24/2013 33

62 pg, 3.22 MB Submitted (ECF) supplemental excerpts of record. Submitted by Appellees County of Hawaii, William P. Kenoi and Harry S. Kubojiri. Date of service: 05/24/2013. [8643305] (Udovic, Michael) [Entered: 05/24/2013 04:28 PM] 05/29/2013 34

2 pg, 86.11 KB Filed clerk order: The answering brief [32] submitted by County of Hawaii, William P. Kenoi and Harry S. Kubojiri is filed. Within 7 days of the filing of this order, filer is ordered to file 7 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: red. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the supplemental excerpts of record [33] submitted by County of Hawaii, William P. Kenoi and Harry S. Kubojiri. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [8645933] (WWP) [Entered: 05/29/2013 10:27 AM] 05/31/2013 35

71 pg, 3.75 MB Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by State of Hawaii. Date of service: 05/31/2013. [8651273] (Lau, Girard) [Entered: 05/31/2013 07:24 PM] 05/31/2013 36

4 pg, 216.57 KB Filed (ECF) Appellant George K. Young, Jr. Motion to strike whole of State of Hawaii is a named Defendant in this appeal and belated filed a “amicus” brief in violation of the FRAP. They were afforded a Answering Brief and declined to file one.. Date of service: 05/31/2013. [8651277] (Beck, Alan) [Entered: 05/31/2013 08:48 PM] 06/01/2013 37

36 pg, 561.31 KB Submitted (ECF) Reply Brief for review. Submitted by Appellant George K. Young, Jr.. Date of service: 06/01/2013. [8651308] (Beck, Alan) [Entered: 06/01/2013 11:18 PM] 06/03/2013 38

2 pg, 85.69 KB Filed clerk order: The amicus brief [35] submitted by State of Hawaii is filed. Within 7 days of the filing of this order, filer is ordered to file 7 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: green. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8652294] (WWP) [Entered: 06/03/2013 01:21 PM] 06/03/2013 39

1 pg, 82.47 KB Filed clerk order (Deputy Clerk: WP): The Clerk order filing the State of Hawaii’s brief is vacated. The filing of the brief will be determined by a later order. [8652330] (WWP) [Entered: 06/03/2013 01:27 PM] 06/03/2013 40

2 pg, 85.62 KB Filed clerk order: The reply brief [37] submitted by George K. Young, Jr. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 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 printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [8652349] (WWP) [Entered: 06/03/2013 01:32 PM] 06/03/2013 41 Received 7 paper copies of Answering brief [32] filed by County of Hawaii, William P. Kenoi and Harry S. Kubojiri. [8652606] (SD) [Entered: 06/03/2013 02:41 PM] 06/03/2013 42

1 pg, 182.17 KB Filed Appellees County of Hawaii, William P. Kenoi and Harry S. Kubojiri excerpts of record [33] in 1 volume. [Edited 06/19/2013 by wp to reflect the correct party] [8654264] (WWP) [Entered: 06/04/2013 01:08 PM] 06/03/2013 43

1 pg, 82.54 KB Filed clerk order (Deputy Clerk: WP): The court’s June 4, 2013 notice attached to docket entry number 42 is vacated as being issued in error. [8654592] (WWP) [Entered: 06/04/2013 02:54 PM] 06/04/2013 44 Entered appearance of Amicus Curiae State of Hawaii. [8655006] (LA) [Entered: 06/04/2013 04:42 PM] 06/04/2013 45

8 pg, 310.35 KB Filed (ECF) Amicus Curiae State of Hawaii response opposing motion (,motion to strike portion or whole of document). Date of service: 06/04/2013. [8655089] (Lau, Girard) [Entered: 06/04/2013 05:36 PM] 06/04/2013 46

7 pg, 174.08 KB Filed (ECF) Appellant George K. Young, Jr. reply to response (). Date of service: 06/04/2013. [8655154] (Beck, Alan) [Entered: 06/04/2013 11:39 PM] 06/05/2013 47 Received 7 paper copies of Reply brief [37] filed by George K. Young, Jr.. [8656415] (SD) [Entered: 06/05/2013 02:53 PM] 06/21/2013 48

1 pg, 22.87 KB Filed clerk order (Deputy Clerk: GSS): The appellant’s opposed motion to strike the amicus brief submitted by State of Hawaii is referred to the panel that will consider the merits of the case. [8676823] (AF) [Entered: 06/21/2013 09:54 AM] 06/27/2013 49 Received 7 paper copies of Amicus brief [35] filed by State of Hawaii. [8683914] (DB) [Entered: 06/27/2013 01:15 PM] 11/07/2013 50

2 pg, 64.24 KB Filed (ECF) Amicus Curiae State of Hawaii citation of supplemental authorities. Date of service: 11/07/2013. [8854624] (Lau, Girard) [Entered: 11/07/2013 11:47 AM] 11/08/2013 51

46 pg, 521.86 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 11/08/2013. [8855897] (Beck, Alan) [Entered: 11/08/2013 01:41 AM] 11/25/2013 52

2 pg, 90.58 KB Filed (ECF) Amicus Curiae State of Hawaii citation of supplemental authorities. Date of service: 11/25/2013. [8877814] (Lau, Girard) [Entered: 11/25/2013 03:40 PM] 01/13/2014 53

14 pg, 146.97 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 01/13/2014. [8935435] (Beck, Alan) [Entered: 01/13/2014 02:12 PM] 01/27/2014 54

1 pg, 27.85 KB Filed (ECF) Appellees County of Hawaii, William P. Kenoi and Harry S. Kubojiri Correspondence: Notice of Disassociation. Date of service: 01/27/2014 [8954467] (Udovic, Michael) [Entered: 01/27/2014 05:12 PM] 01/27/2014 55

2 pg, 425.29 KB Filed (ECF) notice of appearance of Laureen Lee Martin for Appellees County of Hawaii, William P. Kenoi and Harry S. Kubojiri. Date of service: 01/27/2014. [8954476] (Martin, Laureen) [Entered: 01/27/2014 05:19 PM] 01/28/2014 56 Terminated Kimberly Angay for Harry S. Kubojiri, William P. Kenoi and Hilo County Police Department in 12-17808 [8954752] (EL) [Entered: 01/28/2014 08:52 AM] 01/28/2014 57 Added attorney Laureen L. Martin for William P. Kenoi County of Hawaii Harry S. Kubojiri, in case 12-17808. [8954760] (EL) [Entered: 01/28/2014 08:54 AM] 03/06/2014 58

3 pg, 75.11 KB Filed (ECF) Appellant George K. Young, Jr. Correspondence: Notice of Related Case. Date of service: 03/06/2014 [9006012] (Beck, Alan) [Entered: 03/06/2014 10:20 PM] 03/27/2014 59

34 pg, 197.11 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 03/27/2014. [9033140] (Beck, Alan) [Entered: 03/27/2014 06:16 AM] 03/29/2014 60

17 pg, 379.32 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 03/29/2014. [9036661] (Beck, Alan) [Entered: 03/29/2014 06:08 PM] 04/29/2014 61

2 pg, 30.34 KB Filed (ECF) notice of appearance of Kimberly Tsumoto Guidry for Amicus Curiae State of Hawaii. Date of service: 04/29/2014. [9076763] (Guidry, Kimberly) [Entered: 04/29/2014 02:25 PM] 04/29/2014 62 Added attorney Kimberly Tsumoto Guidry for State of Hawaii, in case 12-17808. [9076781] (EL) [Entered: 04/29/2014 02:30 PM] 04/29/2014 63

2 pg, 30.45 KB Filed (ECF) notice of appearance of Robert Tadao Nakatsuji for Amicus Curiae State of Hawaii. Date of service: 04/29/2014. [9076863] (Nakatsuji, Robert) [Entered: 04/29/2014 02:49 PM] 04/29/2014 64 Added attorney Robert Tadao Nakatsuji for State of Hawaii, in case 12-17808. [9077179] (EL) [Entered: 04/29/2014 04:24 PM] 07/02/2014 65

2 pg, 441.51 KB Filed (ECF) notice of appearance of Joseph Kalani Kamelamela for Appellees County of Hawaii, William P. Kenoi and Harry S. Kubojiri. Date of service: 07/02/2014. [9154890] (Kamelamela, Joseph) [Entered: 07/02/2014 04:53 PM] 07/03/2014 66 Attorney Michael Joseph Udovic in 12-17808 substituted by Attorney Joseph Kamelamela in 12-17808 [9155058] (CW) [Entered: 07/03/2014 07:16 AM] 08/07/2014 67 Terminated Michael Joseph Udovic for Harry S. Kubojiri and William P. Kenoi in 12-17808 – RETIRED [9197262] (RY) [Entered: 08/07/2014 01:38 PM] 08/27/2014 68

23 pg, 4.28 MB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 08/25/2014. [9221520] (Beck, Alan) [Entered: 08/27/2014 03:38 PM] 12/16/2014 69

51 pg, 442.38 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 12/16/2014. [9352260] [12-17808] (Beck, Alan) [Entered: 12/16/2014 10:31 PM] 12/31/2014 70

2 pg, 29.86 KB Filed (ECF) notice of appearance of Melody A. Parker for Appellees County of Hawaii, Hilo County Police Department, William P. Kenoi and Harry S. Kubojiri. Date of service: 12/31/2014. [9367235] [12-17808] (Parker, Melody) [Entered: 12/31/2014 12:05 PM] 12/31/2014 71 Terminated Joseph Kamelamela for Hilo County Police Department in 12-17808 [9367378] (KB) [Entered: 12/31/2014 01:21 PM] 12/31/2014 72 Added attorney Melody A. Parker for Hilo County Police Department, William P. Kenoi, County of Hawaii, Harry S. Kubojiri, in case 12-17808. [9367385] (KB) [Entered: 12/31/2014 01:25 PM] 10/16/2015 73

2 pg, 848.83 KB Filed (ECF) notice of appearance of Stephen Dean Stamboulieh for Appellant George K. Young, Jr.. Date of service: 10/16/2015. [9722114] [12-17808] (Stamboulieh, Stephen) [Entered: 10/16/2015 05:24 PM] 10/19/2015 74 Added attorney Stephen D. Stamboulieh for George K. Young Jr., in case 12-17808. [9722378] (KB) [Entered: 10/19/2015 09:11 AM] 11/27/2015 75

19 pg, 7 MB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 11/27/2015. [9772164] [12-17808] (Stamboulieh, Stephen) [Entered: 11/27/2015 01:41 PM] 12/06/2015 76

142 pg, 1.58 MB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 12/06/2015. [9781167] [12-17808] (Stamboulieh, Stephen) [Entered: 12/06/2015 04:48 PM] 01/15/2016 77

23 pg, 483.7 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 01/15/2016. [9829918] [12-17808] (Stamboulieh, Stephen) [Entered: 01/15/2016 06:03 PM] 02/06/2016 78

93 pg, 439.55 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 02/06/2016. [9857278] [12-17808] (Stamboulieh, Stephen) [Entered: 02/06/2016 05:33 PM] 03/22/2016 79

16 pg, 294.09 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 03/22/2016. [9909887] [12-17808] (Stamboulieh, Stephen) [Entered: 03/22/2016 07:10 AM] 03/30/2016 80

14 pg, 330.35 KB Filed (ECF) Appellant George K. Young, Jr. Motion to take judicial notice of County of Hawaii concedes the fact contained in the Hawaii Attorney General most recent firearms study which indicates there are no permits is accurate and to its knowledge the County of Hawaii has never issued a carry permit to private citizen. Date of service: 03/30/2016. [9922160] [12-17808] (Stamboulieh, Stephen) [Entered: 03/30/2016 06:21 PM] 04/08/2016 81

13 pg, 136.54 KB Filed (ECF) Appellees County of Hawaii, Hilo County Police Department, William P. Kenoi and Harry S. Kubojiri response opposing motion ([80] Motion (ECF Filing), [80] Motion (ECF Filing) motion to take judicial notice). Date of service: 04/08/2016. [9933029] [12-17808] (Parker, Melody) [Entered: 04/08/2016 12:08 PM] 04/10/2016 82

5 pg, 185.73 KB Filed (ECF) Appellant George K. Young, Jr. reply to response (motion to take judicial notice, ). Date of service: 04/10/2016. [9933890] [12-17808] (Stamboulieh, Stephen) [Entered: 04/10/2016 05:31 PM] 05/22/2016 83

18 pg, 395.68 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 05/22/2016. [9986101] [12-17808] (Stamboulieh, Stephen) [Entered: 05/22/2016 03:21 PM] 06/09/2016 84

4 pg, 180.82 KB Filed (ECF) Appellant George K. Young, Jr. Motion to file supplemental brief. Date of service: 06/09/2016. [10009328] [12-17808] (Stamboulieh, Stephen) [Entered: 06/09/2016 05:17 PM] 06/15/2016 85

1 pg, 33.3 KB Filed clerk order (Deputy Clerk: SM): Appellant’s motion for leave to file a supplemental brief (Docket No. [84]) is referred to the merits panel. Within 14 days after the date of this order, the appellant may submit a supplemental brief not to exceed 2,400 words. Within 28 days after the date of this order, the appellees may file a supplemental response brief not to exceed 2,400 words. The proposed briefs shall be lodged pending the Courts’s resolution of appellant’s motion. [10016724] (AF) [Entered: 06/15/2016 05:17 PM] 06/16/2016 86

7 pg, 110.63 KB Filed (ECF) Appellees County of Hawaii, William P. Kenoi, Hilo County Police Department and Harry S. Kubojiri response opposing motion ([84] Motion (ECF Filing), [84] Motion (ECF Filing) motion to file supplemental brief). Date of service: 06/16/2016. [10018254] [12-17808] (Parker, Melody) [Entered: 06/16/2016 03:57 PM] 06/23/2016 87

16 pg, 467.86 KB Submitted (ECF) Supplemental Brief for review. Submitted by Appellant George K. Young, Jr.. Date of service: 06/23/2016. [10027376] [12-17808] (Beck, Alan) [Entered: 06/23/2016 02:56 PM] 06/23/2016 88

2 pg, 186.68 KB Filed clerk order: The supplemental brief [87] submitted by George K. Young, Jr. is lodged. Within 7 days of the filing of this order, appellant is ordered to submit 7 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 printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10027684] (LA) [Entered: 06/23/2016 04:21 PM] 07/01/2016 89 Received 7 paper copies of Supplemental Brief [87] lodged by George K. Young, Jr.. [10036997] (SD) [Entered: 07/01/2016 02:33 PM] 07/12/2016 90 COURT DELETED INCORRECT ENTRY. Brief resubmitted using correct filing type. Notice about deletion sent to case participants registered for electronic filing. Correct Entry: [93]. Original Text: Filed (ECF) Appellees County of Hawaii, William P. Kenoi, Harry S. Kubojiri and Hilo County Police Department response opposing motion ([87] Brief Submitted for Review (ECF Filing)). Date of service: 07/12/2016. [10047277] [12-17808] (Parker, Melody) [Entered: 07/12/2016 11:54 AM] 07/12/2016 91

18 pg, 35.68 KB Submitted (ECF) Supplemental Brief for review. Submitted by Amicus Curiae State of Hawaii. Date of service: 07/12/2016. [10048162] [12-17808]–[COURT UPDATE: Removed motion (filed correctly in entry [92]), updated docket text to reflect correct type of brief, attached consolidated PDF of brief with certificate of service. 07/14/2016 by LA] (Lau, Girard) [Entered: 07/12/2016 06:35 PM] 07/12/2016 92

6 pg, 21.6 KB Filed (ECF) Amicus Curiae State of Hawaii Motion to file supplemental brief. Date of service: 07/12/2016. [10050198]–[COURT ENTERED FILING to correct entry [91].] (LA) [Entered: 07/14/2016 11:44 AM] 07/12/2016 93

17 pg, 250.32 KB Submitted (ECF) Supplemental Brief for review. Submitted by Appellees County of Hawaii, William P. Kenoi, Hilo County Police Department and Harry S. Kubojiri. Date of service: 07/14/2016. [10050473] [12-17808]–[COURT UPDATE: Backdated entry to reflect original submission date, attached consolidated PDF of brief. 07/14/2016 by LA] (Parker, Melody) [Entered: 07/14/2016 02:00 PM] 07/14/2016 94

2 pg, 186.85 KB Filed clerk order: The supplemental brief [93] submitted by County of Hawaii, et al. is lodged. Within 7 days of the filing of this order, appellees are ordered to file 7 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 printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate CM/ECF. [10050714] (LA) [Entered: 07/14/2016 03:36 PM] 07/14/2016 95

6 pg, 209.52 KB Filed (ECF) Appellant George K. Young, Jr. response opposing motion ([92] Motion (ECF Filing), [92] Motion (ECF Filing) motion to file supplemental brief, [91] Brief Submitted for Review (ECF Filing)). Date of service: 07/14/2016. [10051016] [12-17808] (Beck, Alan) [Entered: 07/14/2016 08:22 PM] 07/15/2016 96

1 pg, 32.23 KB Filed clerk order (Deputy Clerk: SM): The motion of Amicus Curiae State of Hawaii to file an oversized supplemental brief (Docket No. [92]) is referred to the panel that considers the merits of the appeal. [10051221] (AF) [Entered: 07/15/2016 09:46 AM] 07/18/2016 97 Received 7 paper copies of Supplemental Brief [93] lodged by County of Hawaii, et al. [10053324] (SD) [Entered: 07/18/2016 02:06 PM] 07/19/2016 98

7 pg, 18.51 KB Filed (ECF) Amicus Curiae State of Hawaii reply to response (motion to file supplemental brief). Date of service: 07/19/2016. [10055610] [12-17808] (Lau, Girard) [Entered: 07/19/2016 05:10 PM] 10/05/2016 99

29 pg, 509.5 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 10/05/2016. [10149913] [12-17808] (Beck, Alan) [Entered: 10/05/2016 01:07 PM] 10/26/2016 100 Terminated Girard Douglas Lau for State of Hawaii in 12-17808 (No longer with agency) [10174610] (TYL) [Entered: 10/26/2016 01:06 PM] 02/06/2017 101

1 pg, 39.78 KB Filed clerk order (Deputy Clerk: HL): The court stays proceedings in this appeal pending this court’s, mandate in Baker v. Kealoha , 12-16258, or further order of the court. [10303840] (AF) [Entered: 02/06/2017 01:33 PM] 03/03/2017 102

62 pg, 606.96 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 03/03/2017. [10342171] [12-17808] (Beck, Alan) [Entered: 03/03/2017 12:06 PM] 03/10/2017 103

3 pg, 177.38 KB Filed (ECF) Appellant George K. Young, Jr. Motion to lift stay. Date of service: 03/10/2017. [10352166] [12-17808] (Beck, Alan) [Entered: 03/10/2017 01:40 PM] 04/25/2017 104

9 pg, 323.74 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 04/25/2017. [10410598] [12-17808] (Beck, Alan) [Entered: 04/25/2017 02:43 PM] 05/08/2017 105

22 pg, 454.1 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 05/08/2017. [10425546] [12-17808] (Beck, Alan) [Entered: 05/08/2017 12:21 PM] 06/14/2017 106

13 pg, 424.71 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 06/14/2017. [10473890] [12-17808] (Stamboulieh, Stephen) [Entered: 06/14/2017 03:27 PM] 06/27/2017 107

1 pg, 193.42 KB Filed clerk order (Deputy Clerk: HL): Appellant’s motion to lift the stay entered in this appeal (Docket Entry No. [103]) is granted. This appeal shall be placed on the next available calendar. [10489137] (AF) [Entered: 06/27/2017 10:23 AM] 06/30/2017 108

27 pg, 575.42 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 06/30/2017. [10495059] [12-17808] (Stamboulieh, Stephen) [Entered: 06/30/2017 05:20 PM] 06/30/2017 109

2 pg, 80.23 KB Filed (ECF) notice of appearance of Michael S. Kagami for Appellees County of Hawaii, William P. Kenoi and Harry S. Kubojiri. Date of service: 06/30/2017. [10495112] [12-17808] (Kagami, Michael) [Entered: 06/30/2017 06:27 PM] 07/03/2017 110 Attorneys Melody A. Parker, Melody A. Parker and Melody A. Parker in 12-17808 substituted by Attorneys Michael S. Kagami, Michael S. Kagami and Michael S. Kagami in 12-17808 [10495203] (CW) [Entered: 07/03/2017 07:17 AM] 07/25/2017 111

41 pg, 1.05 MB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 07/25/2017. [10520974] [12-17808] (Beck, Alan) [Entered: 07/25/2017 02:39 PM] 09/12/2017 112

33 pg, 370.13 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 09/12/2017. [10577538] [12-17808] (Beck, Alan) [Entered: 09/12/2017 10:54 AM] 10/10/2017 113 This case is being considered for an upcoming oral argument calendar in Honolulu Please review the Honolulu sitting dates for February 2018 and the two subsequent sitting months in that location at http://www.ca9.uscourts.gov/court_sessions. If you have an unavoidable conflict on any of the dates, please inform the court within 3 days of this notice, using CM/ECF (Type of Document: File Correspondence to Court; Subject: regarding availability for oral argument). 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 days of this notice, using CM/ECF (Type of Document: File Correspondence to Court; Subject: request for mediation).[10610778] (AW) [Entered: 10/10/2017 11:01 AM] 10/20/2017 114

28 pg, 681.72 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 10/20/2017. [10625658] [12-17808] (Beck, Alan) [Entered: 10/20/2017 12:05 PM] 12/04/2017 115 Notice of Oral Argument on Monday, February 12, 2018 – 09:00 A.M. – Hawaii Bkcy Courtroom 250L – Honolulu HI. View the Oral Argument Calendar for your case here. Be sure to review the GUIDELINES for important information about your hearing, including when to arrive (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). When you have reviewed the calendar, download the ACKNOWLEDGMENT OF HEARING NOTICE form, complete the form, and file it via Appellate ECF or return the completed form to: SAN FRANCISCO Office.

[10677070] (AKM) [Entered: 12/04/2017 02:32 PM] 12/05/2017 116

1 pg, 181.17 KB Filed (ECF) Acknowledgment of hearing notice. Location: Other (Honolulu, HI). Filed by Attorney Stephen D. Stamboulieh for Appellant George K. Young, Jr.. [10679686] [12-17808] (Stamboulieh, Stephen) [Entered: 12/05/2017 05:27 PM] 12/08/2017 117

66 pg, 1.12 MB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 12/08/2017. [10683436] [12-17808] (Beck, Alan) [Entered: 12/08/2017 07:42 AM] 12/15/2017 118

1 pg, 21.85 KB Filed (ECF) Amicus Curiae State of Hawaii Correspondence: Notice of Non-Participation in Oral Argument. Date of service: 12/15/2017 [10692353] [12-17808] (Nakatsuji, Robert) [Entered: 12/15/2017 12:10 PM] 12/21/2017 119

2 pg, 1.05 MB Filed (ECF) notice of appearance of D. Kaena Horowitz for Appellees County of Hawaii, William P. Kenoi and Harry S. Kubojiri. Date of service: 12/21/2017. [10699949] [12-17808] (Horowitz, D. Kaena) [Entered: 12/21/2017 03:16 PM] 12/21/2017 120 Attorney Michael S. Kagami substituted by Attorney D. Kaena Horowitz, in 12-17808. [10700011] (HH) [Entered: 12/21/2017 03:32 PM] 12/21/2017 121

1 pg, 54.19 KB Filed (ECF) Acknowledgment of hearing notice. Location: Other (Honolulu, Hawaii). Filed by Attorney D. Kaena Horowitz for Appellees County of Hawaii, William P. Kenoi and Harry S. Kubojiri. [10700044] [12-17808] (Horowitz, D. Kaena) [Entered: 12/21/2017 03:40 PM] 01/02/2018 122

1 pg, 56.54 KB Filed (ECF) Acknowledgment of hearing notice. Location: Other (Honolulu, Hawaii). Filed by Attorney Mr. Alan Alexander Beck, Esquire for Appellant George K. Young, Jr.. [10709349] [12-17808] (Beck, Alan) [Entered: 01/02/2018 12:28 PM] 02/01/2018 123

16 pg, 473.07 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 02/01/2018. [10748350] [12-17808] (Beck, Alan) [Entered: 02/01/2018 02:43 PM] 02/06/2018 124

3 pg, 1013.66 KB Filed (ECF) Appellant George K. Young, Jr. Correspondence: Correspondence from the Chief of Police, Harry S. Kubojiri, which are the denials of Mr. Young’s permit as alleged on page thirteen (13) of Mr. Young’s Complaint in the District Court.. Date of service: 02/06/2018 [10753742] [12-17808] (Stamboulieh, Stephen) [Entered: 02/06/2018 01:55 PM] 02/12/2018 125 ARGUED AND SUBMITTED TO DIARMUID F. O’SCANNLAIN, RICHARD R. CLIFTON and SANDRA S. IKUTA. [10760164] (TG) [Entered: 02/12/2018 12:54 PM] 02/12/2018 126

1 pg, 6.75 MB Filed Audio recording of oral argument.

Note: Video recordings of public argument calendars are available on the Court’s website, at http://www.ca9.uscourts.gov/media/

[10762920] (TG) [Entered: 02/13/2018 04:04 PM] 04/17/2018 127

25 pg, 283.77 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 04/17/2018. [10840638] [12-17808] (Beck, Alan) [Entered: 04/17/2018 05:37 PM] 07/24/2018 128

91 pg, 612.5 KB FILED OPINION (DIARMUID F. O’SCANNLAIN, RICHARD R. CLIFTON and SANDRA S. IKUTA) We deal with the pending motions as follows: (1) The County’s motion to strike Young’s 28(j) letters, ECF No. 20, is DENIED; (2) Young’s motion to file a supplemental brief, ECF No. 24, is GRANTED; (3) Young’s motion to strike the State’s amicus brief, ECF No. 36, is DENIED; (4) Young’s motion to take judicial notice, ECF No. 80, is GRANTED IN PART, and we take judicial notice of the Hawaii Attorney General’s 2014 Firearms Registration Report; (5) Young’s second motion to file a supplemental brief, ECF No. 84, is GRANTED; (6) The State’s motion to file a supplemental amicus brief, ECF No. 92, is GRANTED. REVERSED as to the County, DISMISSED as to the State, and REMANDED for further proceedings consistent with this opinion Judge: DFO Authoring, Judge: RRC Dissenting, FILED AND ENTERED JUDGMENT. [10952459]–[Edited: Replaced PDF of Opinion (typo corrected). 07/31/2018 by RY] (RMM) [Entered: 07/24/2018 07:00 AM] 07/24/2018 129

1 pg, 183 KB Filed clerk order: The supplemental brief [23] submitted by George K. Young, Jr. is filed. No paper copies are required at this time. [10953598] (SML) [Entered: 07/24/2018 03:29 PM] 07/24/2018 130

1 pg, 183 KB Filed clerk order: The supplemental brief [87] submitted by George K. Young, Jr. is filed. No additional paper copies are required. [10953613] (SML) [Entered: 07/24/2018 03:32 PM] 07/24/2018 131

1 pg, 182.16 KB Filed clerk order: The supplemental amicus brief [91] submitted by State of Hawaii is filed. No additional paper copies are required. [10953621] (SML) [Entered: 07/24/2018 03:34 PM] 07/31/2018 132

16 pg, 585.8 KB Filed (ECF) Appellees County of Hawaii, William P. Kenoi and Harry S. Kubojiri Motion to extend time to file petition for rehearing until 09/14/2018. Date of service: 07/31/2018. [10961892] [12-17808] (Horowitz, D. Kaena) [Entered: 07/31/2018 06:44 PM] 08/01/2018 133

3 pg, 109.25 KB Filed (ECF) Appellant George K. Young, Jr. response non-opposing motion ([132] Motion (ECF Filing), [132] Motion (ECF Filing)). Date of service: 08/01/2018. [10962827] [12-17808] (Stamboulieh, Stephen) [Entered: 08/01/2018 02:22 PM] 08/02/2018 134

1 pg, 32.43 KB Filed order (DIARMUID F. O’SCANNLAIN, RICHARD R. CLIFTON and SANDRA S. IKUTA) Appellees’ motion for a 45-day extension of time to file a petition for rehearing and a petition for rehearing en banc, filed with this court on July 31, 2018, is GRANTED. Appellees’ petition for rehearing and petition for rehearing en banc will now be due on September 14, 2018. [10963920] (WL) [Entered: 08/02/2018 12:03 PM] 08/06/2018 135

1 pg, 182.53 KB Filed clerk order: The amicus brief [35] submitted by State of Hawaii is filed. No paper copies are required at this time. [10967505] (KWG) [Entered: 08/06/2018 02:09 PM] 08/16/2018 136

2 pg, 29.57 KB Filed (ECF) notice of appearance of Neal Kumar Katyal for Appellee State of Hawaii. Date of service: 08/16/2018. [10979088] [12-17808] (Katyal, Neal) [Entered: 08/16/2018 11:26 AM] 08/16/2018 137 Added attorney Neal Kumar Katyal for State of Hawaii, in case 12-17808. [10979145] (QDL) [Entered: 08/16/2018 11:44 AM] 08/16/2018 138

10 pg, 131.14 KB Filed (ECF) State of Hawaii Motion to intervene. Date of service: 08/16/2018. [10979196] [12-17808] –[COURT UPDATE: Updated docket text to reflect correct ECF filing type. 8/16/2018 by TYL] (Katyal, Neal) [Entered: 08/16/2018 12:08 PM] 08/16/2018 139

2 pg, 31.02 KB Filed (ECF) notice of appearance of Mitchell Pearsall Reich for Appellee State of Hawaii and Intervenor – Pending State of Hawaii. Date of service: 08/16/2018. [10979203] [12-17808] –[COURT UPDATE: Updated docket text to reflect correct party filers. 8/16/2018 by TYL] (Reich, Mitchell) [Entered: 08/16/2018 12:14 PM] 08/16/2018 140

2 pg, 100.68 KB Filed (ECF) notice of appearance of Colleen E. Roh Sinzdak for Appellee State of Hawaii and Intervenor – Pending State of Hawaii. Date of service: 08/16/2018. [10979232] [12-17808] –[COURT UPDATE: Updated docket text to reflect correct party filers. 8/16/2018 by TYL] (Sinzdak, Colleen) [Entered: 08/16/2018 12:47 PM] 08/16/2018 141

2 pg, 627.88 KB Filed (ECF) notice of appearance of Clyde J. Wadsworth for Appellee State of Hawaii and Intervenor – Pending State of Hawaii. Date of service: 08/16/2018. [10979292] [12-17808] –[COURT UPDATE: Updated docket text to reflect correct party filers. 8/16/2018 by TYL] (Wadsworth, Clyde) [Entered: 08/16/2018 01:26 PM] 08/16/2018 142

2 pg, 644.3 KB Filed (ECF) notice of appearance of Kaliko’onalani D. Fernandes for Appellee State of Hawaii and Intervenor – Pending State of Hawaii. Date of service: 08/16/2018. [10979335] [12-17808] –[COURT UPDATE: Updated docket text to reflect correct party filers. 8/16/2018 by TYL] (Fernandes, Kaliko’Onalani) [Entered: 08/16/2018 01:39 PM] 08/16/2018 143 Entered appearance of Intervenor – Pending State of Hawaii. [10979498] (QDL) [Entered: 08/16/2018 02:23 PM] 08/16/2018 144 Added attorneys Clyde James Wadsworth, Kaliko’Onalani Diara Fernandes for State of Hawaii, in case 12-17808. [10979881] (QDL) [Entered: 08/16/2018 04:38 PM] 08/16/2018 145 Added attorney Kaliko’Onalani Diara Fernandes for State of Hawaii, in case 12-17808. [10979889] (QDL) [Entered: 08/16/2018 04:41 PM] 08/16/2018 146 Added attorney Clyde James Wadsworth for State of Hawaii, in case 12-17808. [10979892] (QDL) [Entered: 08/16/2018 04:43 PM] 08/17/2018 147 Added attorney Colleen Sinzdak, Mitchell Reich for State of Hawaii, in case 12-17808. [10980220] (QDL) [Entered: 08/17/2018 09:58 AM] 08/17/2018 148 Added attorneys Colleen Sinzdak, Mitchell Reich for State of Hawaii, in case 12-17808. [10980227] (QDL) [Entered: 08/17/2018 10:00 AM] 08/17/2018 149

5 pg, 182.4 KB Filed (ECF) Appellant George K. Young, Jr. response to motion ([138] Motion (ECF Filing), [138] Motion (ECF Filing) motion to intervene). Date of service: 08/17/2018. [10980854] [12-17808] (Stamboulieh, Stephen) [Entered: 08/17/2018 01:51 PM] 08/21/2018 150

6 pg, 44 KB Filed (ECF) Intervenor – Pending State of Hawaii Motion for 46-5 exemption. Date of service: 08/21/2018. [10984716] [12-17808] (Fernandes, Kaliko’Onalani) [Entered: 08/21/2018 04:26 PM] 08/23/2018 151

1 pg, 265.49 KB Filed order (DIARMUID F. O’SCANNLAIN, RICHARD R. CLIFTON and SANDRA S. IKUTA): The Application for an exemption to Ninth Circuit Rule 46-5 for Attorney Kaliko‘onalani D. Fernandes, filed on August 21, 2018, is GRANTED. [10987762] (AF) [Entered: 08/23/2018 03:11 PM] 08/29/2018 152

2 pg, 329.8 KB Filed order (DIARMUID F. O’SCANNLAIN, RICHARD R. CLIFTON and SANDRA S. IKUTA): The State of Hawaii’s motion to intervene pursuant to 28 U.S.C. § 2403(b), filed on August 16, 2018, is DENIED as unnecessary. The State of Hawaii is, and remains, a party to this appeal during the pendency of any en banc proceedings, since Young filed a notice of appeal with respect to the district court’s dismissal of his claims against both the State and the County. While we dismissed the appeal against the State, such dismissal is not effective until the mandate issues in this case. See Fed. R. App. P. 41. We sua sponte extend the time for the State of Hawaii to file a petition for rehearing or rehearing en banc until September 14, 2018—the current deadline for the County of Hawaii to file any such petition. Judge Clifton dissents from the denial of the unopposed motion to intervene. He would grant it. [10993822] (AF) [Entered: 08/29/2018 08:51 AM] 08/29/2018 198 Terminated Intervenor – Pending State of Hawaii in 12-17808 [11183575] (AF) [Entered: 02/08/2019 09:03 AM] 09/14/2018 153

2 pg, 31.53 KB Filed (ECF) notice of appearance of Neal Kumar Katyal for Appellees Neil Abercrombie, County of Hawaii, Hilo County Police Department, William P. Kenoi, Harry S. Kubojiri, Mr. David Mark Louie, I, Esquire and State of Hawaii. Date of service: 09/14/2018. [11012403] [12-17808] (Katyal, Neal) [Entered: 09/14/2018 02:27 PM] 09/14/2018 154 Added attorney Neal Kumar Katyal for William P. Kenoi County of Hawaii Harry S. Kubojiri Neil Abercrombie Hilo County Police Department David Mark Louie I State of Hawaii, in case 12-17808. [11012461] (CW) [Entered: 09/14/2018 02:48 PM] 09/14/2018 155

114 pg, 1.26 MB Filed (ECF) Appellees Neil Abercrombie, County of Hawaii, Hilo County Police Department, William P. Kenoi, Harry S. Kubojiri, Mr. David Mark Louie, I, Esquire and State of Hawaii petition for rehearing en banc (from 07/24/2018 opinion). Date of service: 09/14/2018. [11012483] [12-17808] (Katyal, Neal) [Entered: 09/14/2018 02:54 PM] 09/18/2018 156

1 pg, 193 KB Filed order (DIARMUID F. O’SCANNLAIN, RICHARD R. CLIFTON and SANDRA S. IKUTA): Appellant is directed to file a response to the petition for rehearing en banc filed with this Court on September 14, 2018. The response shall not exceed 15 pages or 4,200 words and shall be filed within 21 days of the date of this order. [11014991] (AF) [Entered: 09/18/2018 09:14 AM] 09/24/2018 157

38 pg, 2.42 MB Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by BRIEF OF AMICI CURIAE CITY AND COUNTY OF HONOLULU, COUNTY OF KAUAI, AND COUNTY OF MAUI IN SUPPORT OF PETITION FOR REHEARING EN BANC. Date of service: 09/24/2018. [11023362] [12-17808] (Jackson, Daniel) [Entered: 09/24/2018 04:01 PM] 09/24/2018 158 Entered appearance of Amici Curiae City and County of Honolulu, County of Kauai and County of Maui. [11023390] (SML) [Entered: 09/24/2018 04:09 PM] 09/24/2018 159

1 pg, 190.91 KB Filed clerk order: The amicus brief [157] submitted by City and County of Honolulu, County of Kauai and County of Maui is filed. No paper copies are required at this time. [11023399] (SML) [Entered: 09/24/2018 04:12 PM] 09/24/2018 160

16 pg, 134.59 KB Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Everytown for Gun Safety Support Fund. Date of service: 09/24/2018. [11023414] [12-17808] (Gupta, Deepak) [Entered: 09/24/2018 04:16 PM] 09/24/2018 161 Entered appearance of Amicus Curiae Everytown for Gun Safety. [11023442] (SML) [Entered: 09/24/2018 04:24 PM] 09/24/2018 162

1 pg, 190.87 KB Filed clerk order: The amicus brief [160] submitted by Everytown for Gun Safety is filed. No paper copies are required at this time. [11023457] (SML) [Entered: 09/24/2018 04:27 PM] 09/24/2018 163

26 pg, 131.13 KB Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Giffords Law Center to Prevent Gun Violence. Date of service: 09/24/2018. [11023513] [12-17808] (Frankel, Simon) [Entered: 09/24/2018 04:44 PM] 09/24/2018 164 Entered appearance of Amicus Curiae Giffords Law Center to Prevent Gun Violence. [11023536] (SML) [Entered: 09/24/2018 04:52 PM] 09/24/2018 165

1 pg, 191.49 KB Filed clerk order: The amicus brief [163] submitted by Giffords Law Center to Prevent Gun Violence is filed. No paper copies are required at this time. [11023552] (SML) [Entered: 09/24/2018 04:56 PM] 09/24/2018 166

23 pg, 113.4 KB Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by New Jersey, California, Connecticut, Delaware, Illinois, Iowa, Massachusetts, Maryland, Oregon, Rhode Island, Virginia, and the District of Columbia.. Date of service: 09/24/2018. [11023582] [12-17808] (Feigenbaum, Jeremy) [Entered: 09/24/2018 05:11 PM] 09/25/2018 167 Entered appearance of Amici Curiae States of New Jersey; et al. [11023832] (SML) [Entered: 09/25/2018 08:54 AM] 09/25/2018 168

1 pg, 191.42 KB Filed clerk order: The amicus brief [166] submitted by the State of New Jersey; et al., is filed. No paper copies are required at this time. [11023838] (SML) [Entered: 09/25/2018 08:58 AM] 09/30/2018 169

10 pg, 379.62 KB Filed (ECF) Appellant George K. Young, Jr. Unopposed Motion to extend time to file a response until 11/08/2018. Date of service: 09/30/2018. [11029683] [12-17808] (Stamboulieh, Stephen) [Entered: 09/30/2018 06:27 PM] 10/02/2018 170

1 pg, 192.75 KB Filed order (DIARMUID F. O’SCANNLAIN, RICHARD R. CLIFTON and SANDRA S. IKUTA): Appellant’s motion for a 30-day extension of time to file a response to Appellees’ petition for rehearing en banc, filed with this court on September 30, 2018, is GRANTED. Appellant’s response will now be due on November 8, 2018. [11032037] (AF) [Entered: 10/02/2018 11:25 AM] 11/08/2018 171

148 pg, 2.76 MB Filed (ECF) Appellant George K. Young, Jr. response to petition for rehearing en banc. Date of service: 11/08/2018. [11081117]. [12-17808]–[COURT UPDATE: Edited docket text to reflect content of filing. 11/08/2018 by RY] (Beck, Alan) [Entered: 11/08/2018 05:18 AM] 11/15/2018 172

5 pg, 65.51 KB Filed (ECF) Appellees Neil Abercrombie, County of Hawaii, Hilo County Police Department, William P. Kenoi, Harry S. Kubojiri, Mr. David Mark Louie, I, Esquire and State of Hawaii Motion for miscellaneous relief [Motion for Leave to File Reply In Support of Petition for Rehearing En Banc]. Date of service: 11/15/2018. [11089762] [12-17808]–[COURT UPDATE: Removed reply (filed correctly in entry [173]). 11/16/2018 by SLM] (Katyal, Neal) [Entered: 11/15/2018 05:25 PM] 11/15/2018 173

18 pg, 113.54 KB Filed (ECF) Appellees Neil Abercrombie, County of Hawaii, Hilo County Police Department, William P. Kenoi, Harry S. Kubojiri, Mr. David Mark Louie, I, Esquire and State of Hawaii reply to response to petition for rehearing en banc. Date of service: 11/15/2018. [11090109].–[COURT ENTERED FILING to correct entry [172].] (SLM) [Entered: 11/16/2018 09:25 AM] 11/16/2018 174

8 pg, 407.28 KB Filed (ECF) Appellant George K. Young, Jr. response opposing motion ([172] Motion (ECF Filing), [172] Motion (ECF Filing) motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 11/16/2018. [11090315] [12-17808] (Stamboulieh, Stephen) [Entered: 11/16/2018 10:28 AM] 11/16/2018 175

24 pg, 195.08 KB Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by AMICUS CURIAE BRIEF OF SAN DIEGO COUNTY GUN OWNERS POLITICAL ACTION COMMITTEE IN OPPOSITION TO THE PETITION FOR REHEARING. Date of service: 11/16/2018. [11091460] [12-17808] (Dillon, John) [Entered: 11/16/2018 03:54 PM] 11/16/2018 176 Entered appearance of Amicus Curiae San Diego County Gun Owners Political Action Committee. [11091584] (SML) [Entered: 11/16/2018 04:51 PM] 11/16/2018 177

1 pg, 187.61 KB Filed clerk order: The amicus brief [175] submitted by San Diego County Gun Owners Political Action Committee is filed. No paper copies are required at this time. [11091588] (SML) [Entered: 11/16/2018 04:54 PM] 11/19/2018 178

288 pg, 8.48 MB Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Hawaii Rifle Association. Date of service: 11/19/2018. [11092346] [12-17808] (Holcomb, Richard) [Entered: 11/19/2018 10:39 AM] 11/19/2018 179 Entered appearance of Amicus Curiae Hawaii Rifle Association. [11092470] (SML) [Entered: 11/19/2018 11:17 AM] 11/19/2018 180

1 pg, 187.91 KB Filed clerk order: The amicus brief [178] submitted by Hawaii Rifle Association is filed. No paper copies are required at this time. [11092483] (SML) [Entered: 11/19/2018 11:20 AM] 11/19/2018 181

65 pg, 12.38 MB Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Hawaii Firearms Coalition. Date of service: 11/19/2018. [11092778] [12-17808] (Wilkerson, Donald) [Entered: 11/19/2018 01:16 PM] 11/19/2018 182 Entered appearance of Amicus Curiae Hawaii Firearms Coalition. [11092983] (SML) [Entered: 11/19/2018 02:14 PM] 11/19/2018 183

16 pg, 124.91 KB Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Gun Owners of America, Gun Owners Foundation, The Heller Foundation, Virginia Citizens Defense League, Conservative Legal Defense and Education Fund, and Restoring Liberty Action Committee. Date of service: 11/19/2018. [11093008] [12-17808] (Titus, Herbert) [Entered: 11/19/2018 02:18 PM] 11/19/2018 184

1 pg, 187.91 KB Filed clerk order: The amicus brief [181] submitted by Hawaii Firearms Coalition is filed. No paper copies are required at this time. [11093023] (SML) [Entered: 11/19/2018 02:20 PM] 11/19/2018 185 Entered appearance of Amici Curiae Gun Owners of America, Inc., Gun Owners Foundation, The Heller Foundation, Virginia Citizens Defense League, Conservative Legal Defense and Education Fund and Restoring Liberty Action Committee. [11093077] (SML) [Entered: 11/19/2018 02:35 PM] 11/19/2018 186

1 pg, 188.7 KB Filed clerk order: The amicus brief [183] submitted by Conservative Legal Defense and Education Fund, Gun Owners Foundation, Gun Owners of America, Inc., Restoring Liberty Action Committee, The Heller Foundation and Virginia Citizens Defense League is filed. No paper copies are required at this time. [11093088] (SML) [Entered: 11/19/2018 02:38 PM] 11/19/2018 187

34 pg, 493.47 KB Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by Second Amendment Foundation, Inc.. Date of service: 11/19/2018. [11093435] [12-17808] (Sigale, David) [Entered: 11/19/2018 03:47 PM] 11/19/2018 188 Entered appearance of Amicus Curiae Second Amendment Foundation, Inc.. [11093464] (SML) [Entered: 11/19/2018 03:54 PM] 11/19/2018 189

1 pg, 187.92 KB Filed clerk order: The amicus brief [187] submitted by Second Amendment Foundation, Inc. is filed. No paper copies are required at this time. [11093471] (SML) [Entered: 11/19/2018 03:56 PM] 11/19/2018 190

21 pg, 117.93 KB Submitted (ECF) Amicus brief for review (by government or with consent per FRAP 29(a)). Submitted by THE MADISON SOCIETY, INC., CALGUNS FOUNDATION, FIREARMS POLICY COALITION, INC., AND FIREARMS POLICY FOUNDATION. Date of service: 11/19/2018. [11093783] [12-17808] (Kilmer, Donald) [Entered: 11/19/2018 10:34 PM] 11/20/2018 191 Entered appearance of Amici Curiae The Madison Society, Inc., The Calguns Foundation, The Firearms Policy Coalition, Inc. and Firearms Policy Foundation. [11093917] (SML) [Entered: 11/20/2018 08:30 AM] 11/20/2018 192

1 pg, 188.04 KB Filed clerk order: The amicus brief [190] submitted by Firearms Policy Foundation, The Calguns Foundation, The Firearms Policy Coalition, Inc. and The Madison Society, Inc. is filed. No paper copies are required at this time. [11093929] (SML) [Entered: 11/20/2018 08:34 AM] 11/21/2018 193

110 pg, 7.12 MB Filed (ECF) Appellant George K. Young, Jr. sur-reply to response to petition for rehearing en banc. Date of service: 11/21/2018. [11096529]. [12-17808] –[COURT UPDATE: Updated docket text to reflect content of filing and removed motion (refiled in entry [195]). 11/21/2018 by TYL] (Beck, Alan) [Entered: 11/21/2018 02:17 PM] 11/21/2018 194

2 pg, 195.71 KB Filed order (DIARMUID F. O’SCANNLAIN, RICHARD R. CLIFTON and SANDRA S. IKUTA) Defendants-Appellees’ motion for leave to file a reply in support of the petition for rehearing en banc, filed with this Court on November 15, 2018, is GRANTED. The reply shall be filed. Having requested leave to file a surreply, Appellant’s request is GRANTED. The surreply shall not exceed 3,000 words and shall be filed within 14 days of the date of this order. [11096620] (OC) [Entered: 11/21/2018 02:40 PM] 11/21/2018 195

5 pg, 162.3 KB Filed (ECF) Appellant George K. Young, Jr. Motion for miscellaneous relief [motion to file sur-reply]. Date of service: 11/21/2018. [11096739] –[COURT ENTERED FILING to correct entry [193] .] (TYL) [Entered: 11/21/2018 03:31 PM] 11/26/2018 196

1 pg, 194.14 KB Filed order (DIARMUID F. O’SCANNLAIN, RICHARD R. CLIFTON and SANDRA S. IKUTA): Having previously granted Appellant’s request to file a surreply, we DENY as moot Appellant’s motion for leave to file such surreply. The surreply shall be filed. [11099105] (AF) [Entered: 11/26/2018 02:19 PM] 12/18/2018 197

28 pg, 522.58 KB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 12/18/2018. [11124709] [12-17808] (Beck, Alan) [Entered: 12/18/2018 02:24 PM] 02/08/2019 199

2 pg, 268.23 KB Filed Order for PUBLICATION (SIDNEY R. THOMAS) Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel disposition in this case shall not be cited as precedent by or to any court of the Ninth Circuit. Judges Bennett did not participate in the deliberations or vote in this case. [11184101] (RMM) [Entered: 02/08/2019 12:10 PM] 02/08/2019 200

2 pg, 272.63 KB Filed order (SIDNEY R. THOMAS) En banc oral argument will take place during the week of March 25, 2019, in San Francisco, California. The date and time will be determined by separate order. For further information or special requests regarding scheduling, please contact Deputy Clerk Paul Keller at paul_keller@ca9.uscourts.gov or (206) 224-2236. Within seven days from the date of this order, the parties shall forward to the Clerk of Court eighteen additional paper copies of the original briefs and ten additional paper copies of the excerpts of record. The paper copies must be accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. A sample certificate is available at http://www.ca9.uscourts.gov/datastore/uploads/cmecf/Certificate-for-Brief-in-Paper-Format.pdf. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. [11184165] (WL) [Entered: 02/08/2019 12:40 PM] 02/08/2019 201 Deleted Duplicate Entry (Duplicative Order of Dkt. [200]). [11184413] (OC) [Entered: 02/08/2019 03:20 PM] 02/11/2019 202

6 pg, 57.25 KB Filed (ECF) Appellees Neil Abercrombie, County of Hawaii, Hilo County Police Department, William P. Kenoi, Harry S. Kubojiri, Mr. David Mark Louie, I, Esquire and State of Hawaii Motion for miscellaneous relief [Motion for Supplemental Briefing]. Date of service: 02/11/2019. [11186179] [12-17808] (Katyal, Neal) [Entered: 02/11/2019 03:24 PM] 02/12/2019 203

6 pg, 168.04 KB Filed (ECF) Appellant George K. Young, Jr. response opposing motion ([202] Motion (ECF Filing), [202] Motion (ECF Filing) motion for miscellaneous relief (to be used only if no other relief applies)). Date of service: 02/12/2019. [11187519] [12-17808] (Stamboulieh, Stephen) [Entered: 02/12/2019 01:45 PM] 02/13/2019 204 Received 18 paper copies of Opening Brief [6] filed by George K. Young, Jr. (sent to en banc court) [11189383] (LA) [Entered: 02/13/2019 03:09 PM] 02/13/2019 205 Filed 10 paper copies of excerpts of record [7] in 1 volume filed by Appellant George K. Young, Jr. (sent to en banc court) [11189440] (LA) [Entered: 02/13/2019 03:27 PM] 02/13/2019 206 Received 18 paper copies of Supplemental Brief [23] filed by George K. Young, Jr. (sent to en banc court) [11189444] (LA) [Entered: 02/13/2019 03:28 PM] 02/13/2019 207 Received 18 paper copies of Reply Brief [37] filed by George K. Young, Jr. (sent to en banc court) [11189449] (LA) [Entered: 02/13/2019 03:28 PM] 02/13/2019 208 Received 18 paper copies of Supplemental Brief [87] filed by George K. Young, Jr. (sent to en banc court) [11189455] (LA) [Entered: 02/13/2019 03:30 PM] 02/14/2019 209

1 pg, 50.23 KB Filed order (SIDNEY R. THOMAS): En banc proceedings are stayed and submission of this case for decision by the en banc court is deferred pending the issuance of an opinion by the United States Supreme Court in New York State Rifle & Pistol Association, Inc. v. City of New York, No. 18-280 and further order of this Court. [11190165] (AF) [Entered: 02/14/2019 10:23 AM] 02/15/2019 210

1 pg, 189.69 KB Filed clerk order: Due to a clerical error, the supplemental brief submitted by appellees County of Hawaii, et al. on July 12, 2016, and lodged on July 14, 2016, was not filed by the clerk when the Court granted appellant’s motion a supplemental brief on July 24, 2018. The supplemental brief [93] submitted by appellees County of Hawaii, et al. is now filed. [11192069] (LA) [Entered: 02/15/2019 12:04 PM] 02/15/2019 211 Received 18 paper copies of Answering Brief [32] filed by County of Hawaii, et al. (sent to en banc court) [11192141] (LA) [Entered: 02/15/2019 12:38 PM] 02/15/2019 212 Filed 10 paper copies of supplemental excerpts of record [33] in 1 volume filed by Appellees County of Hawaii, et al. (sent to en banc court) [11192146] (LA) [Entered: 02/15/2019 12:40 PM] 02/15/2019 213 Received 18 paper copies of Amicus Brief [35] filed by State of Hawaii. (sent to en banc court) [11192148] (LA) [Entered: 02/15/2019 12:41 PM] 02/15/2019 214 Received 18 paper copies of Supplemental Amicus Brief [91] filed by State of Hawaii. (sent to en banc court) [11192152] (LA) [Entered: 02/15/2019 12:42 PM] 02/15/2019 215 Received 18 paper copies of Supplemental Brief [93] filed by County of Hawaii, et al. (sent to en banc court) [11192155] (LA) [Entered: 02/15/2019 12:43 PM] 02/21/2019 216

7 pg, 142.43 KB Filed (ECF) Appellant George K. Young, Jr. motion for reconsideration of non-dispositive Judge Order of 02/14/2019. Date of service: 02/21/2019. [11202785] [12-17808] (Stamboulieh, Stephen) [Entered: 02/21/2019 12:47 PM] 02/22/2019 217

4 pg, 50.42 KB Filed (ECF) Amicus Curiae Everytown for Gun Safety Motion for miscellaneous relief [motion for clarification on stay order or extension of time to file amicus brief]. Date of service: 02/22/2019. [11204039] [12-17808] (Gupta, Deepak) [Entered: 02/22/2019 10:00 AM] 02/22/2019 218

4 pg, 109.39 KB Filed (ECF) State of Louisiana Motion to extend time to file amicus brief until 01/01/2020. Date of service: 02/22/2019. [11204850] [12-17808] (Murrill, Elizabeth) [Entered: 02/22/2019 02:39 PM] 02/26/2019 219

1 pg, 43.58 KB Filed order (SIDNEY R. THOMAS): On February 14, 2019, this Court stayed en banc proceedings pending the issuance of an opinion by the United States Supreme Court in New York State Rifle & Pistol Association, Inc, v. City of New York and further order of this court. This stay applies to amicus briefing. The State of Hawaii’s motion for leave to file supplemental briefing is stayed until further order of the Court. The Court will address a briefing schedule after the issuance of the Supreme Court’s opinion. [11207867] (AF) [Entered: 02/26/2019 11:33 AM] 02/26/2019 220

1 pg, 37.52 KB Filed order (SIDNEY R. THOMAS): Appellant’s motion for reconsideration is DENIED. [11207903] (AF) [Entered: 02/26/2019 11:44 AM] 04/12/2019 221

12 pg, 2.32 MB Filed (ECF) Appellant George K. Young, Jr. citation of supplemental authorities. Date of service: 04/12/2019. [11262655] [12-17808] (Stamboulieh, Stephen) [Entered: 04/12/2019 03:55 PM] 09/12/2019 222 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Colleen Sinzdak for Appellee State of Hawaii. Party proceeding without counsel: No. Date of service: 09/12/2019. [11429095] [12-17808] (Sinzdak, Colleen) [Entered: 09/12/2019 07:45 AM] 09/12/2019 223 Terminated Colleen Sinzdak for State of Hawaii in 12-17808 [11429235] (CW) [Entered: 09/12/2019 09:17 AM] 10/11/2019 224 Filed (ECF) Notice of withdrawal of counsel. Filed by Attorney Mr. Clyde James Wadsworth for Appellee State of Hawaii. Party proceeding without counsel: No. Date of service: 10/11/2019. [11462841] [12-17808] (Wadsworth, Clyde) [Entered: 10/11/2019 05:51 PM] 10/15/2019 225 Terminated Clyde James Wadsworth for State of Hawaii in 12-17808 [11463431] (QDL) [Entered: 10/15/2019 09:20 AM]

Update – February 26, 2019, – Last week, Mr. Young’s attorney filed an opposed motion to lift the stay of the en banc proceedings. Today, the motion was denied. The stay of Young v. Hawaii remains in place until after there is a decision in NYSRPA v. NYC.

United States Court of Appeals for the Ninth Circuit

The following transaction was entered on 02/26/2019 at 11:44:16 AM PST and filed on 02/26/2019

Case Name: George Young, Jr. v. State of Hawaii, et al Case Number: 12-17808 Document(s): Document(s)

Docket Text:

Filed order (SIDNEY R. THOMAS): Appellant’s motion for reconsideration is DENIED. [11207903] (AF)

United States Court of Appeals for the Ninth Circuit

The following transaction was entered on 02/26/2019 at 11:33:14 AM PST and filed on 02/26/2019

Case Name: George Young, Jr. v. State of Hawaii, et al Case Number: 12-17808 Document(s): Document(s)

Docket Text:

Filed order (SIDNEY R. THOMAS): On February 14, 2019, this Court stayed en banc proceedings pending the issuance of an opinion by the United States Supreme Court in New York State Rifle & Pistol Association, Inc, v. City of New York and further order of this court. This stay applies to amicus briefing. The State of Hawaii’s motion for leave to file supplemental briefing is stayed until further order of the Court. The Court will address a briefing schedule after the issuance of the Supreme Court’s opinion. [11207867] (AF)

Update – February 21, 2019, – Mr. Young’s attorney filed an opposed motion to lift the stay of the en banc proceedings. Bravo!

Appellant George K. Young, Jr. motion for reconsideration of non-dispositive Judge Order of 02-14-2019

United States Court of Appeals for the Ninth Circuit

The following transaction was entered on 02/21/2019 at 12:47:08 PM PST and filed on 02/21/2019

Case Name: George Young, Jr. v. State of Hawaii, et al Case Number: 12-17808 Document(s): Document(s)

Docket Text:

Filed (ECF) Appellant George K. Young, Jr. motion for reconsideration of non-dispositive Judge Order of 02/14/2019. Date of service: 02/21/2019. [11202785] [12-17808] (Stamboulieh, Stephen)

Update – February 14, 2019, – “Filed order (SIDNEY R. THOMAS): En banc proceedings are stayed and submission of this case for decision by the en banc court is deferred pending the issuance of an opinion by the United States Supreme Court in New York State Rifle & Pistol Association, Inc. v. City of New York, No. 18-280 and further order of this Court.”

209 – Young v. Hawaii – Order staying en banc

Update by Charles Nichols – February 12, 2019, – The oral argument in Young v. Hawaii took place one year ago today. The State of Hawaii has asked for supplemental briefing via a motion. Surprisingly, and approiately, Young’s attorney opposed the motion. 203 – Young v. Hawaii – Plaintiff’s Opposiiton to Motion for Supplemental Briefing

Update by Charles Nichols – February 8, 2019, – The petition for an en banc hearing in Young v. Hawaii was granted. Oral argument will take place in San Francisco the week of March 25, 2019. The calendar date below can change.

2019-03-25 9:00 am Courtroom 1, 3rd Floor Rm 338, James R. Browning U.S. Courthouse, San Francisco – En Banc Case No. Title Nature Origin Time / Side 12-17808 George Young, Jr. v. State of Hawaii – George Young appeals from the district court’s dismissal of his civil rights action challenging under the Second Amendment provisions of Hawaii law pertaining to the issuance of permits to carry a concealed or unconcealed weapon. [1:12-cv-00336-HG-BMK] Civil HI 30 min

Note: En banc hearings are conducted quarterly in the 9th circuit court of appeals.

George K. Young Jr., v. State of Hawaii, et al – Slip Opinion – Published July 24, 2018 – 76 pages (download before viewing).

Young v. Hawaii – Petition for Rehearing En Banc – Filed September 14, 2018 – 114 pages (download before viewing)

Appellant’s Opposition to Appellees’ Petition for Rehearing En Banc – Filed November 8, 2018 – 148 pages (download before viewing)

Appellant’s Motion for Leave to File Sur-Reply in Opposition to Defendants’ Petition for Rehearing En Banc – Filed November 21, 2018. 115 pages

Amicus Briefs in Support of En Banc Rehearing

Amicus Briefs in Opposition to En Banc Rehearing

AMICUS CURIAE BRIEF OF SAN DIEGO COUNTY GUN OWNERS POLITICAL ACTION COMMITTEE IN OPPOSITION TO THE PETITION FOR REHEARING – Filed November 16, 2018

AMICUS CURIAE BRIEF OF SECOND AMENDMENT FOUNDATION INC IN OPPOSITION TO PETITION FOR REHEARING EN BANC – Filed November 19, 2018

Brief Amicus Curiae of Gun Owners of America et al in opposition to petition for rehearing en banc – Filed November 19, 2018

BRIEF OF BEHALF OF THE HAWAII RIFLE ASSOCIATION AS AMICUS CURIAE IN OPPOSITION TO EN BANC REHEARING – 288 pages – Filed November 19, 2018 (download before viewing)

BRIEF OF AMICUS CURIAE HAWAII FIREARMS COALITION IN OPPOSITION TO PETITION FOR REHEARING EN BANC AND IN SUPPORT OF APPELLANT AND DENIAL OF REHEARING – Filed November 19, 2018

Every question you might have regarding en banc procedures can be found at this link and at this link.

The short version is that we have no way of knowing when there will be a decision on the en banc petition.

Update by Charles Nichols – February 8, 2019, – The petition for an en banc hearing in Young v. Hawaii was granted. Oral argument will take place in San Francisco the week of March 25, 2019.

Update by Charles Nichols – December 31, 2018 – It has been three and a half months since the en banc petition was filed. I suspect that there will be a decision on the petition within the next two months.

Update by Charles Nichols – November 26, 2018 – Yep.

United States Court of Appeals for the Ninth Circuit

The following transaction was entered on 11/26/2018 at 2:19:57 PM PST and filed on 11/26/2018

Case Name: George Young, Jr. v. State of Hawaii, et al Case Number: 12-17808 Document(s): Document(s)

Docket Text:

Filed order (DIARMUID F. O’SCANNLAIN, RICHARD R. CLIFTON and SANDRA S. IKUTA): Having previously granted Appellant’s request to file a surreply, we DENY as moot Appellant’s motion for leave to file such surreply. The surreply shall be filed. [11099105] (AF)

Update by Charles Nichols – November 21, 2018 – Now we wait for a decision on the en banc petition. We have no way of knowing how long that will take because the Chief Judge has the power to extend or contract the internal deadlines. We do know that the defendants did not file a petition for a rehearing by the three-judge panel and so it will be a straight up or down vote by the active judges of the 9th circuit court of appeals. A majority vote is required. Those judges who abstain from voting count as a “No” vote on granting the petition.

There are enough judges who are hostile to the Second Amendment who would grant the petition but there are also just enough votes to affirm the panel decision as well because in this circuit, an en banc panel consists of just eleven judges, ten of those are randomly selected, and it takes just six votes to affirm the three-judge panel decision.

Update by Charles Nichols – November 21, 2018 – Part 2 – This is like watching an impending train wreck and being powerless to stop it. Mr. Young’s attorneys filed a motion to file a surreply less than half an hour BEFORE the court ruled on the Defendants’ motion to file a reply to the brief in opposition to the en banc petition. This was before the Court had a chance to even know that Mr. Young’s motion was filed. The Court, not knowing that Mr. Young’s motion was filed, gave Mr. Young’s attorneys 3,000 words for their surreply. Mr. Young’s premature surreply is 2,104 words long.

Update by Charles Nichols – November 21, 2018 – Part 1 -The motion to file a reply to the plaintiff’s opposition to rehearing en banc was granted as was the plaintiff’s request to file a surreply.

Notice of Docket Activity

The following transaction was entered on 11/21/2018 at 2:40:05 PM PST and filed on 11/21/2018

Case Name: George Young, Jr. v. State of Hawaii, et al Case Number: 12-17808 Document(s): Document(s)

Docket Text:

Filed order (DIARMUID F. O’SCANNLAIN, RICHARD R. CLIFTON and SANDRA S. IKUTA) Defendants-Appellees’ motion for leave to file a reply in support of the petition for rehearing en banc, filed with this Court on November 15, 2018, is GRANTED. The reply shall be filed. Having requested leave to file a surreply, Appellant’s request is GRANTED. The surreply shall not exceed 3,000 words and shall be filed within 14 days of the date of this order. [11096620] (OC)

Update by Charles Nichols – November 19, 2018 – The last of the Amicus briefs in opposition to the en banc petition were filed today.

Update by Charles Nichols – November 16, 2018 – The first Amicus brief in opposition to the en banc petition was filed today. There was also an opposition to the reply brief filed.

AMICUS CURIAE BRIEF OF SAN DIEGO COUNTY GUN OWNERS POLITICAL ACTION COMMITTEE IN OPPOSITION TO THE PETITION FOR REHEARING

Appellant’s Opposition to Appellees’ Motion for Leave to File Reply in Support of Petition for Rehearing En Banc

Update by Charles Nichols – November 15, 2018 – Those of you who have been reading my writings know that I compliment the writings of our opponents when they are well written because it is dishonest not to give credit on those rare occasions where credit is due. This latest brief filed by the Hawaii Defendants reads like it was written by a not very bright, and immature, ten year old boy. The leftist wunderkind hired by the Defendants is Neal Katyal, a former acting Solicitor General in the Obama administration, whose name appears at the top of the cover sheet. God help us if he is the face of America’s future legal system.

United States Court of Appeals for the Ninth Circuit

The following transaction was entered on 11/15/2018 at 5:25:45 PM PST and filed on 11/15/2018

Case Name: George Young, Jr. v. State of Hawaii, et al Case Number: 12-17808 Document(s): Document(s)

Docket Text:

Filed (ECF) Appellees Neil Abercrombie, County of Hawaii, Hilo County Police Department, William P. Kenoi, Harry S. Kubojiri, Mr. David Mark Louie, I, Esquire and State of Hawaii Motion for miscellaneous relief [Motion for Leave to File Reply In Support of Petition for Rehearing En Banc]. Date of service: 11/15/2018. [11089762] [12-17808] (Katyal, Neal)

Update by Charles Nichols – November 8, 2018 – The response to the petition for rehearing en banc is filed.

United States Court of Appeals for the Ninth Circuit

The following transaction was entered on 11/08/2018 at 5:18:13 AM PST and filed on 11/08/2018

Case Name: George Young, Jr. v. State of Hawaii, et al Case Number: 12-17808 Document(s): Document(s)

Docket Text:

Filed (ECF) Appellant George K. Young, Jr. response to petition for rehearing en banc. Date of service: 11/08/2018. [11081117]. [12-17808]–[COURT UPDATE: Edited docket text to reflect content of filing. 11/08/2018 by RY] (Beck, Alan)

United States Court of Appeals for the Ninth Circuit

The following transaction was entered on 11/08/2018 at 5:18:13 AM PST and filed on 11/08/2018

Case Name: George Young, Jr. v. State of Hawaii, et al Case Number: 12-17808 Document(s): Do