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• <br /> COUNTY OF HAWAI`I *_ _• STATE OF HAWAI`I <br /> RESOLUTION NO. 666 18 <br /> A RESOLUTION AUTHORIZING THE EMPLOYMENT OF A PRIVATE ATTORNEY <br /> AS PART OF AN INTERGOVERNMENTAL AGREEMENT WITH THE STATE OF <br /> HAWAII TO REPRESENT THE COUNTY OF HAWAII AND NAMED COUNTY <br /> OFFICIALS IN YOUNG V. STATE OF HAWAII,NO. 12-17808 <br /> WHEREAS, on June 12, 2012, George K. Young, Jr. ("Mr. Young") filed a lawsuit <br /> against the State of Hawai`i ("State"), the County of Hawai`i ("County") and various state and <br /> County officials alleging the denial of his applications for a license to carry a firearm violated the <br /> Second Amendment of the United States Constitution ("Lawsuit"); and <br /> WHEREAS, on November 29, 2012, the Honorable Helen Gillmor dismissed the <br /> Lawsuit and Mr. Young appealed to the Ninth Circuit Court of Appeals; and <br /> WHEREAS, the Ninth Circuit Court of Appeals published its decision on July 24, 2018 <br /> finding there is a constitutional right to open carry firearms pursuant to the Second Amendment <br /> of the United States Constitution ("Decision"); and <br /> WHEREAS, the Decision also found a portion of HRS § 134-9 violated the Second <br /> Amendment of United States Constitution; and <br /> WHEREAS, the State and the County do not agree with the Decision and desire to defend <br /> the constitutionality of HRS § 134-9 and seek en banc review by the Ninth Circuit Court of <br /> Appeals; and <br /> WHEREAS, should en banc review be granted and an opinion rendered, it is likely further <br /> review bythe United States Supreme Court will be sought byeither Mr. Youngor the State and <br /> p � <br /> County; and <br /> WHEREAS, the instant legal proceeding involves complex issues of law and fact <br /> pertaining to the Second Amendment of the United States Constitution as applied to HRS § 134-9, <br />