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« on: July 22, 2022, 08:45:47 PM »
Yesterday, it was brought to our attention that HPD is (illegally) charging some people $43.25 just to apply for a concealed carry application. How were they doing this? By making them (illegally) sign up for Rapback.
In 2018, Hawaii was the first (and only) state to require people that wished to obtain or register a firearm in the state to sign away their rights and enroll in the FBI Rapback program. For the privilege of doing so, the state deemed that people should be charged a one-time fee of $43.25.
Rapback is an FBI program that enrolls Hawaii gun owners into a constant background check system, where they become a suspect of all crimes in the US, just for owning a gun in Hawaii.
When and how Rapback enrollment can be done is set in Hawaii law. Relevance to firearms is within HRS1345-2 and 134-3 and says that, "The issuing authority shall perform an inquiry on an applicant by using the International Justice and Public Safety Network, including the United States Immigration and Customs Enforcement query, the National Crime Information Center, and the National Instant Criminal Background Check System, pursuant to section 846-2.7"
HRS 846-27 says: Except as otherwise provided in this section, criminal history record information shall be used exclusively for the stated purpose for which it was obtained in accordance with section 378-2.5. (43) The county police departments on applicants for permits to acquire firearms pursuant to section 134-2 and on individuals registering their firearms pursuant to section 134-3;"
As you can see, it mentions NOTHING about sections 134-9, which is in regards to Hawaii's concealed carry laws. Furthermore, the fee for a concealed carry permit (when issued) is $10, and this is contained in 134-9: "(d) A fee of $10 shall be charged for each license and shall be deposited in the treasury of the county in which the license is granted."
Section 846-2.7 is explicitly clear, the Rapback enrollment/background checks CANNOT be used for any other purpose than those stated in the law, and section 134-9 is also explicitly clear, the only fee allowed to be charged is the $10 fee.
So this makes it clear that HPD (and possibly other counties) are illegally signing people up for Rapback and stealing their money to do so.
We don't know how many people have fallen victim to these scheme, and likely never will.We did speak to the police department this morning and expect to hear their explanation on Tuesday.
If you have been charged this illegal fee, do reach out to us. It's likely that our lawyers would be interested in hearing about it.