Of course, if the Ninth Circuit agrees to rehear Peruta en banc and then reverses it, or if the U.S. Supreme Court agrees to hear Peruta and then reverses it, then the foundation for the Baker decision will be reversed, too. And if the defendants in Baker petition the Ninth Circuit for rehearing or the U.S. Supreme Court for certiorari (and get a stay of the Ninth Circuit’s judgment in the meantime), then the Baker decision won’t have to be implemented until all those proceedings are over. So there’s still a ways to go, I suspect, before Hawaii goes “shall-issue,” so that any law-abiding adult can get a license to carry concealed (or, if the Hawaii Legislature so decides, can carry openly).
Contributor, The Volokh Conspiracy
March 21, 2014 at 2:17 a.m. UTC
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