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APPEAL NO. 12-16258 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

CHRISTOPHER BAKER, Plaintiff/Appellant, vs.

USDC No. CV 11-00582 ACK/KSC Appeal from the United States District Court for the District of Hawai`i

The Honorable Alan C. Kay, District LOUIS KEALOHA, as an individual and Judge in his official capacity as Honolulu Chief of Police, et al., Ninth Circuit Memorandum Disposition Filed March 20, 2014 Defendants/Appellees. Before OSCANNLAIN, THOMAS, and CALLAHAN, Circuit Judges

___________________________________________________ COUNTY OF MAUIS MOTION FOR LEAVE TO JOIN AMICUS CURIAE BRIEF OF THE STATE OF HAWAI`I IN SUPPORT OF THE CITY AND COUNTY OF HONOLULUS PETITION FOR REHEARING OR REHEARING EN BANC OF THE OPINION IN BAKER v. KEALOHA FILED MARCH 20, 2014 ADDENDUM CERTIFICATE OF SERVICE

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PATRICK K. WONG Corporation Counsel

5878

CALEB P. ROWE 9520 MOANA M. LUTEY 6385 Deputies Corporation Counsel Office of the Corporation Counsel County of Maui 200 South High Street Wailuku, Hi 96793 Phone: (808) 270-7741 Fax: (808) 270-7152 Email: caleb.rowe@co.maui.hi.us moana.lutey@co.maui.hi.us Attorneys for COUNTY OF MAUI

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COUNTY OF MAUIS MOTION FOR LEAVE TO JOIN AMICUS CURIAE BRIEF OF THE STATE OF HAWAII IN SUPPORT OF THE CITY AND COUNTY OF HONOLULUS PETITION FOR REHEARING OR REHEARING EN BANC OF THE OPINION IN BAKER v. KEALOHA FILED MARCH 20, 2014 Comes now, the County of Maui, a municipal corporation organized and existing under the laws of the State of Hawaii, and respectfully requests leave to join in the Amicus Curiae Brief filed by the State of Hawaii supporting the City and County of Honolulus Petition for Rehearing or Rehearing en banc, pursuant to Federal Rules of Appellate Procedure Rule 29(b) and Ninth Circuit Rule 292(b).The County of Maui has secured the Consent of the City and County of Honolulu to the filing of this Amicus Brief. Plaintiff-Appellant Christopher Baker challenged, in part, Hawaii Revised Statues (HRS) 134-9. The County of Mauis seeks to join in the amicus brief filed by the State of Hawaii as a means of indicating support for the continuing validity of 134-9, HRS. Additionally, the County of Maui joins in the amicus brief filed by the State of Hawaii in hopes that this court will reconcile Baker v. Kealoha, Peruta v. San Diego, 742 F.3d 1144 (9th Cir. 2014) and inconsistent rulings by a separate panel of judges from this Circuit in U.S. v. Chovan, 735 F.3d 1127 (9th Cir.2013),which recognized historical restrictions on the right to carry firearms.

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Consistency in the interpretation of the Second Amendment within the Ninth Circuit will provide meaningful direction to the Courts of this Circuit as well as offer guidance to municipal organizations, such as the State of Hawaii and the County of Maui, in balancing Second Amendment protections with public safety concerns and in conforming with the U.S. Supreme Courts decision in District of Columbia v. Heller, 554 U.S. 570, 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008). CONCLUSION The County of Maui respectfully urges this Court to permit leave to join in the Amicus Brief filed by the State of Hawaii by filing the attached letter adopting the factual and legal arguments urging rehearing or rehearing en banc in Baker v. Kealoha. Dated: Maui, Hawaii, April 28, 2014. Respectfully submitted,

By

/s/ Caleb P. Rowe CALEB P. ROWE Deputy Corporation Counsel Attorney for COUNTY OF MAUI

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ALAN M. ARAKAWA Mayor

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PATRICK K.WONG Corporation Counsel EDWARD S. KUSHI First Deputy

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LYDIA A. TODA Risk Management Officer Tel. No. (808) 270-7535 Fax No. (808) 244-2646

DEPARTMENT OF THE CORPORATION COUNSEL COUNTY OF MAUI RD 200 SOUTH HIGH STREET, 3 FLOOR WAILUKU, MAUI, HAWAII 96793
EMAIL: CORPCOUN@MAUICOUNTY.GOV TELEPHONE: (808) 270-7740 FACSIMILE: (808) 270-7152

April 28, 2014 Office of the Clerk James R. Browning Courthouse U.S. Court of Appeals P.O. Box 193939 San Francisco, CA 94119-3939 Re: Christopher Baker v. Louis Kealoha No. 12-16258

Dear Clerk of the Court: The County of Maui joins in the factual statements and arguments of the State of Hawaii in the Amicus Curiae Brief filed in support of the City and County of Honolulus Petition for Rehearing or Rehearing en banc in the case of Baker v. Kealoha, No. 12-6258, filed April 28, 2014. Yours truly, /s/ Caleb P. Rowe CALEB P. ROWE Deputy Corporation Counsel