C&R license, pistols, and registration. (Read 9702 times)

Cynt

C&R license, pistols, and registration.
« on: September 01, 2011, 04:23:03 PM »
So I am in AZ right now and thinking of picking up a couple C&R pistols form a gunshop here with my C&R license. I am a Hawaii resident though. Can i do that and bring them back to hawaii w/o "permit to acquire" as i own them out of state? I Dont have my hunters ed or handgun safety in hawaii yet either.

Hope this can be cleared up, thanks.

Cougar8045

Re: C&R license, pistols, and registration.
« Reply #1 on: September 01, 2011, 04:26:06 PM »
I just brought my guns home from leave, and when I took them down to register them, they didn't ask me for anything.  Didn't ask when or where I bought them, when did my  plane get in, nothing.  And of course I didn't have a permit to acquire, since the law says that if you have it mailed or cause it to be brought into the state you have to have a permit to acquire, it doesn't say anything about getting a permit to acquire if you're bringing it with you.  Someone with a little better grasp of legalese may want to chip in, I'm just relating my own personal experience, which was actually a breeze.  YMMV.
I'm just a fluffy white bunny rabbit who lost his way. 

"If a thief be found breaking in, and be smitten that he die, there shall no blood be shed for him. ..."  -Exodus 22:2

Cynt

Re: C&R license, pistols, and registration.
« Reply #2 on: September 01, 2011, 04:30:54 PM »
Makes me hopeful yet nervous... :shake:

thanks though.

Tom_G

Re: C&R license, pistols, and registration.
« Reply #3 on: September 01, 2011, 05:23:47 PM »
Cynt, it is 100% legal for you to do what you are thinking of doing.  The permitting process here allows you to buy a gun within the state of Hawaii.  Nothing more, nothing less.  If you can legally buy a gun elsewhere, and legally transport it here, then you can legally register it by using the magic words "out-of-state."  You do not need hunter's ed, or a safety affidavit, or a note from your mom to register a firearm.  You only need those things to acquire one within the state itself.

I buy guns on the mainland with some regularity.  Usually, I bring them back with me on the plane.  Sometimes I mail them to myself from the mainland.  Either way, the words are the same:  "Out-of-state acquisition."
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

Cynt

Re: C&R license, pistols, and registration.
« Reply #4 on: September 01, 2011, 05:38:15 PM »
Sweet. I'll call my mom and let her know, no note is needed.

Mahalos guys!

Cougar8045

Re: C&R license, pistols, and registration.
« Reply #5 on: September 01, 2011, 08:25:49 PM »
No problem; we're here to help!  For what it's worth, this is how I intend to acquire any future firearms, if I possibly can; the idea of needing Big Brother's permission to buy a firearm revolts me.
I'm just a fluffy white bunny rabbit who lost his way. 

"If a thief be found breaking in, and be smitten that he die, there shall no blood be shed for him. ..."  -Exodus 22:2

Tom_G

Re: C&R license, pistols, and registration.
« Reply #6 on: September 01, 2011, 11:03:04 PM »
Be ready when you walk in to register your guns, the officer behind the window will ask you for your permit.  Just repeat the magic words.  Often I have to repeat the magic words "Out-of-state acquisition" 2 or 3 times before he actually snaps out of his routine enough to process what I'm saying.  After that, it usually goes smoothly.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

Cynt

Re: C&R license, pistols, and registration.
« Reply #7 on: September 07, 2011, 12:05:47 PM »
Just a follow up for anyone searching in the future. Took 2 pistols in, gave the "out of state" acquisition statement, did the gun-reg paperwork and usual 30min thumb-twittle and was outta there before the end of my lunch break.

Tom_G

Re: C&R license, pistols, and registration.
« Reply #8 on: September 07, 2011, 12:20:16 PM »
Those 3 little words really do work miracles, at least in that particular room!
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

antoinebugleboy

Re: C&R license, pistols, and registration.
« Reply #9 on: September 07, 2011, 03:54:17 PM »
Whoa, whoa, whoa, so if I take a trip out to a gun friendly state and buy a gun, I don't have to ship it back to myself through an FFL transfer?
There ain't no such thing as a free lunch. - Heinlein

I swear by my life, and my love of it, that I will never live for the sake of another man, nor ask another man to live for mine. - Rand

What can be asserted without evidence can also be dismissed without evidence. - Hitchens

vooduchikn

Re: C&R license, pistols, and registration.
« Reply #10 on: September 07, 2011, 04:04:56 PM »
Whoa, whoa, whoa, so if I take a trip out to a gun friendly state and buy a gun, I don't have to ship it back to myself through an FFL transfer?

Nope. You can just fly it on in and register it. No wait.


Are you starting to see the hypocrisy with the "system" yet?  :crazy:
Relax, I've banned myself..

2aHawaii

  • Administrator
  • Trade Count: (0)
  • Hero Member
  • *****
  • Posts: 3629
  • Total likes: 65
  • Sheepdog
  • Referrals: 17
    • View Profile
    • 2aHawaii
Re: C&R license, pistols, and registration.
« Reply #11 on: September 07, 2011, 04:29:34 PM »
Be careful with out of state purchases. Many things are illegal. I repeat, IANAL, but I believe only long guns can be purchased out of state from a licensed FFL and any private purchases or handgun purchases will need to be shipped to an FFL in Hawaii.

I'm sure someone will be along to correct me if I'm wrong. This may also be different for C&R license holders.
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

Buying from Amazon? Click through here

vooduchikn

Re: C&R license, pistols, and registration.
« Reply #12 on: September 07, 2011, 04:34:04 PM »
Be careful with out of state purchases. Many things are illegal. I repeat, IANAL, but I believe only long guns can be purchased out of state from a licensed FFL and any private purchases or handgun purchases will need to be shipped to an FFL in Hawaii.

I'm sure someone will be along to correct me if I'm wrong. This may also be different for C&R license holders.

Depends on the state.....look it up first.
Relax, I've banned myself..

antoinebugleboy

Re: C&R license, pistols, and registration.
« Reply #13 on: September 07, 2011, 04:35:21 PM »
Be careful with out of state purchases. Many things are illegal. I repeat, IANAL, but I believe only long guns can be purchased out of state from a licensed FFL and any private purchases or handgun purchases will need to be shipped to an FFL in Hawaii.

I'm sure someone will be along to correct me if I'm wrong. This may also be different for C&R license holders.

I think 2a is right.

Quote
http://en.wikipedia.org/wiki/Gun_Control_Act_of_1968#FFL_System

The Act also banned unlicensed individuals from acquiring handguns outside their state of residence. The interstate purchase of long guns (rifles and shotguns) was not impeded by the act so long as the seller is federally licensed and such a sale is allowed by both the state of purchase and the state of residence.
There ain't no such thing as a free lunch. - Heinlein

I swear by my life, and my love of it, that I will never live for the sake of another man, nor ask another man to live for mine. - Rand

What can be asserted without evidence can also be dismissed without evidence. - Hitchens

Cynt

Re: C&R license, pistols, and registration.
« Reply #14 on: September 07, 2011, 04:42:21 PM »
I did not mail them to myself, bought them with C&R, brought them in.
Most states you can't buy pistols without local I.D. AFAIK.

vooduchikn

Re: C&R license, pistols, and registration.
« Reply #15 on: September 07, 2011, 05:57:13 PM »
Be careful with out of state purchases. Many things are illegal. I repeat, IANAL, but I believe only long guns can be purchased out of state from a licensed FFL and any private purchases or handgun purchases will need to be shipped to an FFL in Hawaii.

I'm sure someone will be along to correct me if I'm wrong. This may also be different for C&R license holders.

I think 2a is right.

Quote
http://en.wikipedia.org/wiki/Gun_Control_Act_of_1968#FFL_System

The Act also banned unlicensed individuals from acquiring handguns outside their state of residence. The interstate purchase of long guns (rifles and shotguns) was not impeded by the act so long as the seller is federally licensed and such a sale is allowed by both the state of purchase and the state of residence.

I recommend NOT using Wikipedia as a source of information. Anyone can make changes to wikis.

Got a CCW in another state? Yes? You can buy there.  :thumbsup:
Relax, I've banned myself..

2aHawaii

  • Administrator
  • Trade Count: (0)
  • Hero Member
  • *****
  • Posts: 3629
  • Total likes: 65
  • Sheepdog
  • Referrals: 17
    • View Profile
    • 2aHawaii
Re: C&R license, pistols, and registration.
« Reply #16 on: September 08, 2011, 04:41:08 AM »
Maybe this is a better source?

Q: To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
Q: From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?
A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

Buying from Amazon? Click through here

Tom_G

Re: C&R license, pistols, and registration.
« Reply #17 on: September 12, 2011, 03:38:24 PM »
Maybe this is a better source?

Q: To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
Q: From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?
A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

I have always found it interesting that, according to this section, it is only illegal to sell a non C&R firearm to a C&R holder across state lines.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.