Resident Alien TRO

RICHARD L HOLCOMB (HI Bar No. 9177)
Holcomb Law, A Limited Liability Law Corporation
1136 Union Mall, Suite # 808
Honolulu, HI 96813
Telephone: (808) 545-4040
Facsimile: (808) 356-1954
Email: [email protected]

ALAN BECK (HI Bar No. 9145)
Attorney at Law
4780 Governor Drive
San Diego, California 92122
Telephone: (808) 295-6733
Email: [email protected]

Attorneys for Plaintiffs


IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII


Steve Fotoudis,

Plaintiff,
vs.

City and County of Honolulu;

Lois Kealoha, Chief of the Honolulu
Police Department, in his individual
capacity;

David Louie, Attorney General of
Hawaii, in his individual and official
capacity;

and, John Does 1-50 in their individual
or official capacities.

Defendants.




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1:14-CV-00333


PLAINTIFF’S MOTION FOR
TEMPORARY INJUNCTIVE RELIEF
AND INCORPORATED
MEMORANDUM IN SUPPORT;
DECLARATION OF RICHARD L.
HOLCOMB; CERTIFICATE OF
SERVICE


HEARING:

Date:

Time:

Judge: Not Assigned




Case 1:14-cv-00333 Document 5 Filed 07/24/14 Page 1 of 5 PageID #: 34
PLAINTIFF’S MOTION FOR TEMPORARY INJUNCTIVE RELIEF
AND INCORPORATED MEMORANDUM IN SUPPORT OF MOTION
COMES NOW the Plaintiff, Steve Fotoudis, by and through undersigned
counsel and pursuant to the Second and Fourteenth Amendments to the United
States Constitution, Title 42 U.S.C. § 1983, and Rule 65(b) of the Federal Rules of
Civil Procedure, and request that this Court issue a temporary restraining order
enjoining Defendants and/or their officers, agents, servants, employees, and all
persons in concert or participation with them who receive notice of this injunction,
from enforcing the United States citizenship requirements of Section 134-2(d) of
the Hawaii Revised Statutes and any other Hawaii statutory language that imposes
a United States citizenship requirement which operates to restrict lawfully admitted
permanent resident aliens from exercising Second Amendment rights. Further, Mr.
Fotoudis requests this Court compel the same to:
(a) allow Mr. Fotoudis to apply for a permit pursuant to Section 134-2
of the Hawaii Revised Statutes;
(b) to promptly and meaningfully evaluate, with no more or less
scrutiny than would be applied to a citizen applicant, Mr. Fotoudis’
application and background to determine his fitness and qualifications
to lawfully keep firearms; and,
Case 1:14-cv-00333 Document 5 Filed 07/24/14 Page 2 of 5 PageID #: 35
(c) insofar as Mr. Fotoudis is determined to be fit and qualified to
keep firearms, to immediately thereafter issue to Mr. Fotoudis the
permit contemplated by Section 134-2 of the Hawaii Revised Statutes,
vesting Mr. Fotoudis with the same rights and privileges to keep and
possess firearms as those of a United States citizens who obtains a
permit pursuant to Section 134-2.
In support of this Motion, Mr. Fotoudis relies on the incorporated
Memorandum of Law and Declaration. Mr. Fotoudis also relies on the
Memorandum in Support of his Motion for Preliminary Injunction and its
attachments, including but not limited to the Declaration of Plaintiff and of
counsel, and all corresponding exhibits to those Declarations, filed
contemporaneously herewith and incorporated as if restated verbatim herein.
STANDARD FOR RELIEF
In order to obtain a temporary restraining order a party must show:
(A) specific facts in an affidavit or a verified complaint clearly show
that immediate and irreparable injury, loss, or damage will result to
the movant before the adverse party can be heard in opposition; and

(B) the movant's attorney certifies in writing any efforts made to give
notice and the reasons why it should not be required.
See Federal Rules of Civil Procedure Rule 65 (b).

Case 1:14-cv-00333 Document 5 Filed 07/24/14 Page 3 of 5 PageID #: 36
Plaintiff has submitted alongside this motion a verified complaint and a
declaration from Plaintiff’s counsel. Plaintiff attaches hereto a declaration from the
undersigned counsel.
For the reasons stated in the Memorandum in Support of Plaintiff’s Motion
for Preliminary Injunction, Mr. Fotoudis believes that he is entitled to immediate
injunctive relief and that a Temporary Restraining Order should issue until such
time as his Motion for Preliminary Injunction is heard.
CONCLUSION
For any and all of the reasons stated above or in the referenced
Memorandum, Mr. Fotoudis requests this Court issue a temporary restraining order
enjoining Defendants and/or their officers, agents, servants, employees, and all
persons in concert or participation with them who receive notice of this injunction,
from enforcing the United States citizenship requirements of Section 134-2(d) of
the Hawaii Revised Statutes and any other Hawaii statutory language that imposes
a United States citizenship requirement which operates to restrict lawfully admitted
permanent resident aliens from exercising Second Amendment rights. Further, Mr.
Fotoudis requests this Court compel the same to:
(a) allow Mr. Fotoudis to apply for a permit pursuant to Section 134-2
of the Hawaii Revised Statutes;
Case 1:14-cv-00333 Document 5 Filed 07/24/14 Page 4 of 5 PageID #: 37
(b) to promptly and meaningfully evaluate, with no more or less
scrutiny than would be applied to a citizen applicant, Mr. Fotoudis’
application and background to determine his fitness and qualifications
to lawfully keep firearms; and,
(c) insofar as Mr. Fotoudis is determined to be fit and qualified to
keep firearms, to immediately thereafter issue to Mr. Fotoudis the
permit contemplated by Section 134-2 of the Hawaii Revised Statutes,
vesting Mr. Fotoudis with the same rights and privileges to keep and
possess firearms as those of a United States citizens who obtains a
permit pursuant to Section 134-2.
DATED: Honolulu, Hawai‘i; July 24, 2013.
s/Richard L. Holcomb__
Richard L. Holcomb
Attorney for Plaintiff





Case 1:14-cv-00333 Document 5 Filed 07/24/14 Page 5 of 5 PageID #: 38
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII


Steve Fotoudis,

Plaintiff,
vs.

City and County of Honolulu;

Lois Kealoha, Chief of the Honolulu
Police Department, in his individual
capacity;

David Louie, Attorney General of
Hawaii, in his individual and official
capacity;

and, John Does 1-50 in their individual
or official capacities.

Defendants.




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____CASE NO. 1:14-CV-00333

DECLARATION OF RICHARD L.
HOLCOMB




HEARING:

Date:

Time:

Judge: Not Assigned




DECLARATION OF RICHARD L. HOLCOMB

1. My name is Richard L. Holcomb. I am an attorney duly licensed to
practice law in the State of Hawaii and am admitted to practice in this Court. I
represent the Plaintiff in the above-styled case.
2. I believe the allegations in the Complaint and in this Motion and the
Memorandum in Support (including the incorporated Memorandum) to be true.
3. Counsel has not contacted Defendants. However, counsel has arranged
to serve the complaint along with full and exact copies of the Motions for Temporary
Restraining Order, Preliminary Injunction, and all supporting documents. When the
Case 1:14-cv-00333 Document 5-1 Filed 07/24/14 Page 1 of 2 PageID #: 39
summons is issued, which I expect to be tomorrow, Friday, July 25, 2014, I will serve
the Department of Corporation Counsel and the Attorney General’s Office.
4. Thus, all of the attorneys that will ultimately represent the parties should
be on notice even before the rules require this motion be heard and likely almost
contemporaneously with this Court’s notification of the pending motion.
5. Moreover, insofar as individual Defendants cannot be served via
delivery to the City and County offices, the Attorney General’s Office, and/or the
Honolulu Police Department, the individual Defendants should have no authority
to commit further actions that would be barred by issuance of the TRO and,
therefore, the TRO should issue despite the lack of service.
6. Should Defendants agree to the injunctive relief requested in the
Temporary Restraining Order, Mr. Fotoudis will withdraw this Motion.
7. I am unaware of any reason why this TRO should not issue against
Defendants.
I, Richard L. Holcomb, do declare under penalty of law that the fore-going is
true and correct.
DATED: Honolulu, Hawaii, July 24, 2014.


s/Richard L. Holcomb_
Richard L. Holcomb
Attorney for Plaintiff

Case 1:14-cv-00333 Document 5-1 Filed 07/24/14 Page 2 of 2 PageID #: 40
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII


Steve Fotoudis,

Plaintiff,
vs.

City and County of Honolulu;

Lois Kealoha, Chief of the Honolulu
Police Department, in his individual
capacity;

David Louie, Attorney General of
Hawaii, in his individual and official
capacity;

and, John Does 1-50 in their individual
or official capacities.

Defendants.




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____CASE NO. 1:14-CV-00333





CERTIFICATE OF SERVICE



CERTIFICATE OF SERVICE
I hereby certify that on the date first stated below, and/or in compliance with
the rules of this Court, I did serve a true and exact copy of the foregoing document
via hand-delivery or first class United States mail, postage prepaid, upon the
following:


Case 1:14-cv-00333 Document 5-2 Filed 07/24/14 Page 1 of 2 PageID #: 41



City and County of Honolulu Chief Louis Kealoha
c/o Department of Corporation Counsel Honolulu Police Department
530 S. King St. 801 S. Beretania Dr.
Room 110 Honolulu, HI 96813
Honolulu, HI 96813

David Louie
Department of the Attorney General
425 Queen St.
Honolulu, HI 96813

DATED: Honolulu, HI 96813; July 25, 2014.


s/Richard L. Holcomb
Richard L. Holcomb

Case 1:14-cv-00333 Document 5-2 Filed 07/24/14 Page 2 of 2 PageID #: 42