2aHawaii
General Topics => General Discussion => Topic started by: desperado on October 31, 2014, 09:56:59 AM
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So I was kinda in a hurry today to go register my latest rifle (Ruger 10/22 from Young Guns) and couldn't find my Long Gun Permit so I just brought a previous Registration paper that has my permit # on it. I could have sworn that I saw signs at the police station before that said to bring your permit because it makes things go faster, but nothing saying it's mandatory to bring it. So when I got down there (no line by the way) the two plain clothes guys behind the window were total butts about it. They said I'd have to file a "Lost permit" something before I could register the rifle, which seems dumb. It's not lost, I just don't know where the wife (I'm going to blame her for now ;) ) moved it while cleaning up!
Does the law state that we have to bring our permit to register?
Thanks!
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Hey Buddy,
Hope you find your permit soon. Yup it's mandatory to have your permit present when registering your firearm.
Don't know if anybody had their other half hide their permit before. Another form of gun control (domestic). Lol
Permit magically reappears after it expired.
Now keep it with me, never know when a deal appears. Mrs said need to go to AAA for gun hoarding. Lol
Good luck buddy hope to see you a
family again with your new rifle.
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HRS does not require; a person to present a permit for registration. A permit is ONLY required to acquire firearms within the State as stated under HRS.
HPD making up their own rules AGAIN!
They should have a copy in their file as permeant record.
HRS134-2(e)
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One copy of the permit shall be retained by the issuing authority as a permanent official record
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senario:
You do NOT have a permit!
You take a trip to the mainland, your dad gives you a 1911 pistol and grandpas' old shotgun. You fly back to Hawaii with the pistol and shotgun.
Walk into HPD with dads 1911 and shotgun. and....... They MUST register it without any permits
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HRS does not require; a person to present a permit for registration. A permit is ONLY required to acquire firearms within the State as stated under HRS.
HPD making up their own rules AGAIN!
They should have a copy in their file as permeant record.
HRS134-2(e)
........
One copy of the permit shall be retained by the issuing authority as a permanent official record
I agree! Why would I have to have my Permit to "Acquire" to "Register"? So I called and talked to a sergeant and he said "It's the rules" so I asked for a copy and politely said websites aren't laws (their website said you have to bring your permit but doesn't have a reference). I gave him my email address but I'm not expecting anything. I'll let you know if he sends something.
I'm not trying to be a punk, I just want them, like me, to follow the rules (laws)!
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Here is how to handle it.
HRS 134-3(d)
Every person who acquires a firearm pursuant to section 134-2 shall register the firearm in the manner prescribed by this section within five days of acquisition.........
Since you have the firearm in your possession, you have 5 days to register the firearm. A new permit will take a full 14 days.
In fact HPD just made you into a FELON with entrapment, because they refused to register your firearm under the law.
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I hope someone at HPD is looking at this post.
A permit to acquire is NOT required for registration!
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Well I got an email from HPD. And they quoted their website as the reason it is required. That's what I was afraid of. So I'm right, but I'm not going to win because the police don't care.
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so how do you register it within 5 day?
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Well I got an email from HPD. And they quoted their website as the reason it is required. That's what I was afraid of. So I'm right, but I'm not going to win because the police don't care.
Can you please forward me the HPD email
I will be writting ti the AG office
HPD CANNOT continue to make up thier own laws!
PM me
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Reminds me of Chris Rock getting pulled over for stealing his own car.
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Smell like another HPD lawsuit for WOLFWOOD
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Reminds me of Chris Rick getting pulled over for stealing his own car.
Am I supposed to know who Chis Rick is?
:rofl:
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PM sent Suka! Thanks!
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The AG cannot just add anything to HRS,
only the legislature can amend State Statues.
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The AG cannot just add anything to HRS,
only the legislature can amend State Statues.
(http://i.imgur.com/Gg3R4V9.jpg)
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Is this really something to make a big deal about? I keep my permit folded up in my wallet because like B 808 says you "never know when a deal appears". In a year it's got some Scotch tape holding it together but no one complains. The HPD guys have always been friendly and patient with a sense of humor when I've been there. I wish I could say the same for some of the commercial establishments I've been to. So did anybody here ever exceed the five day period for registration? Did HPD make a big deal about it or did they just let you register? There is a space on the Firearms Registration for your permit number. It's definitely a time saver if you have your permit so they don't have to look for the copy of your permit to get the number. So maybe it's not the law to have your permit with you to register but how about a little give and take? Personally I think the whole permit process is redundant but it's what we have to do to own firearms legally.
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Just want to confirm that I have the utmost respect for police and am looking into the possibility of joining law enforcement when I retire from the Navy in 3 years. I am a Navy Chief, so I spend most my day on enforcing standards that i hold myself. I am also a Rescue Swimmer and I train to save lives: civilians, military and fellow Rescue Swimmers. I love my job! Especially Search and Rescue in Oahu!
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Dogman,
I did bring a previous registration card so they did in fact have my permit number. But the 2 rude plainclothes guys were rude and would not let me pass go without the "Permit to Acquire" for some imagined reason. The give and take was that I brought my registration card, thus requiring the permit moot (especially since it's not law.
I totally agree that this should never have happened. They had my permit #, the store I bought the gun from, and the gun before them. What else should they have needed by law?
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............So did anybody here ever exceed the five day period for registration? Did HPD make a big deal about it or did they just let you register?
There is no penalty under HRS134-3(b) for failure to register within five days.
refer to HRS 134-17
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HRS134-17
(b) Any person who violates section 134-3(a) shall be guilty of a petty misdemeanor.
(c) Any person who violates section 134-2, 134-4, 134-10, 134-15, or 134-16(a) shall be guilty of a misdemeanor. Any person who violates section 134-3(b) shall be guilty of a petty misdemeanor and the firearm shall be confiscated as contraband and disposed of, if the firearm is not registered within five days of the person receiving notice of the violation. [L 1988, c 275, pt of �2; am L 1994, c 204, �9]
Note
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I did bring a previous registration card so they did in fact have my permit number. But the 2 rude plainclothes guys were rude and would not let me pass go without the "Permit to Acquire" for some imagined reason.
Trust me, I know what it's like to have "rules" (not laws) modified by HPD. I had HPD cancel three permits to acquire after my three applications, three visits and two week wait because they changed the "rules" (not laws). I'm sorry you had to deal with two rude plainclothes guys but they are just following orders from their superior, you can understand that since you are in the Navy. I'm sure most on this site will say their dealings with HPD personnel (at the registration window) have been pleasant. Your previous registration has the permit number but not the expiration date of the permit and yeah you wouldn't be able to buy a long gun with an expired permit ...... Now that you know HPD wants to see your permit the next time you register a firearm, will it be that much of an issue?
And suka, you like to mess with legality don't you ;) . Don't you have a Glock with a vertical grip :crazy:. :worship:
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Thanks dog, :roof
Laws cant cover everything, and I just play by what "they" write.
:-*
You mean this? Still dont have it in hand yet, pending on a form 3
(http://i1327.photobucket.com/albums/u666/suka5168/IMG_1904_zps8dd1e58d.jpg) (http://s1327.photobucket.com/user/suka5168/media/IMG_1904_zps8dd1e58d.jpg.html)
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Now that you know HPD wants to see your permit the next time you register a firearm, will it be that much of an issue?
Only on principle because of their over reach. And I've spent all day looking and still can't find my permit! Fingers crossed!
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Only on principle because of their over reach. And I've spent all day looking and still can't find my permit! Fingers crossed!
Are you sure Young Guns gave it back? Maybe they accidentally put it in the wrong stack of papers.
Schatz happens! :crazy:
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It's ridiculous that the registration process can't be completed at a LGS. But that's a different argument i guess.
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Desperado,
Hope all works out. More so, thank you for your service!!
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If people think they do have standing, I am not sure why these rules are not challenged in court. Obviously nothing is going to change unless the Legislator, yeah right, or the Courts, clarify if this is a legitimate over-stepping of the law on the books.
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If it was to go to court , the ruling should be quick. such as the US resident alien suit this year!
If someone would do a pro bono test case id volunteer. I have the time just not enough funds.
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Register a rifle? Isnt hawaii one of the 57 states?
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Is this really something to make a big deal about? I keep my permit folded up in my wallet because like B 808 says you "never know when a deal appears". In a year it's got some Scotch tape holding it together but no one complains. The HPD guys have always been friendly and patient with a sense of humor when I've been there. I wish I could say the same for some of the commercial establishments I've been to. So did anybody here ever exceed the five day period for registration? Did HPD make a big deal about it or did they just let you register? There is a space on the Firearms Registration for your permit number. It's definitely a time saver if you have your permit so they don't have to look for the copy of your permit to get the number. So maybe it's not the law to have your permit with you to register but how about a little give and take? Personally I think the whole permit process is redundant but it's what we have to do to own firearms legally.
When HPD, or any agent of the government, begins making up rules, it should be a cause for concern. Laws are vetted (or should be) via the legislative process, which (at least theoretically) include the opportunity for citizens to comment and suggest modifications. To think it is OK for some bureaucrat to sit in an office (or behind a pane of bullet proof glass) and make up rules as they go along, especially when those rules involve the exercise of core, fundamental Constitutional rights, is beyond comprehension to me.
HPD tried to do something similar in terms of making up their own rules, or more correctly, attempting to interpret the recent resident alien case. HPD tried to say that the suit only covered the named plaintiff, and that the ruling did not apply to anyone else. And, they were going to try and enforce "their" interpretation until we had a little conversation with them. We need to stand up and make some waves when they don't follow the rules. We are forced to follow some of the most onerous regulations in terms of legally owning firearms. So should HPD.
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HRS 134-3(d)
Every person who acquires a firearm pursuant to section 134-2 shall register the firearm in the manner prescribed by this section within five days of acquisition.........
Since you have the firearm in your possession, you have 5 days to register the firearm. A new permit will take a full 14 days.
In fact HPD just made you into a FELON with entrapment, because they refused to register your firearm under the law.
is it 5 business/weekdays? or any 5 days including weekend days when they are closed? i asked the guys at hpd and they said depends who you ask LOL
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When HPD, or any agent of the government, begins making up rules, it should be a cause for concern. Laws are vetted (or should be) via the legislative process, which (at least theoretically) include the opportunity for citizens to comment and suggest modifications. To think it is OK for some bureaucrat to sit in an office (or behind a pane of bullet proof glass) and make up rules as they go along, especially when those rules involve the exercise of core, fundamental Constitutional rights, is beyond comprehension to me.
HPD tried to do something similar in terms of making up their own rules, or more correctly, attempting to interpret the recent resident alien case. HPD tried to say that the suit only covered the named plaintiff, and that the ruling did not apply to anyone else. And, they were going to try and enforce "their" interpretation until we had a little conversation with them. We need to stand up and make some waves when they don't follow the rules. We are forced to follow some of the most onerous regulations in terms of legally owning firearms. So should HPD.
I just think that HPD requiring to see your permit when registering is not something to make a big deal about. It saves them time, which save us time, since they don't have to look through their records for a permit number. The point I was trying to make was that the HPD guys do cut some slack here and there and if you want to get strict with them they may get stricter with us. There are definitely some issues that need attention, I just don't feel this is one of them.
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is it 5 business/weekdays? or any 5 days including weekend days when they are closed? i asked the guys at hpd and they said depends who you ask LOL
The guy I asked, when referencing a three day weekend, said just don't go more than a couple of days over and you'll be okay. That didn't answer my question but it was an answer I could work with.
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When I was at the firearms registration section at the PD, the lady told me, it has to be registered 5 days from; the day the rifle is purchased or the day the handgun permit is issued. The 5 days include weekends and holidays.
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When I was at the firearms registration section at the PD, the lady told me, it has to be registered 5 days from; the day the rifle is purchased or the day the handgun permit is issued. The 5 days include weekends and holidays.
there is no penalty if you take 2 month to register your firearms.
HRS has NO provisions to penalize if it passes the 5 days per HRS 134-17.
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I've registered multiple firearms purchased out of state without a permit.. This states "rules" are ridiculous. Just another way for them to make money and control us.
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I just think that HPD requiring to see your permit when registering is not something to make a big deal about. It saves them time, which save us time, since they don't have to look through their records for a permit number. The point I was trying to make was that the HPD guys do cut some slack here and there and if you want to get strict with them they may get stricter with us. There are definitely some issues that need attention, I just don't feel this is one of them.
So, what "issues" do you think need attention, and which ones don't? And, what if they cut me some slack, but not you on one of those "issues that need attention?" Is it OK to use a strict interpretation or require you to do something not in statue if they don't for Joe Politician or Ms. Connected?
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So, what "issues" do you think need attention, and which ones don't? And, what if they cut me some slack, but not you on one of those "issues that need attention?" Is it OK to use a strict interpretation or require you to do something not in statue if they don't for Joe Politician or Ms. Connected?
I'll have to reply later, I need sleep. :thumbsup:
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So, what "issues" do you think need attention, and which ones don't?
The issues (rules) with HPD that I think need attention, I have discussed with HPD. I might not agree with the reasons for their rules (not laws), but at least I understand (maybe?) their thought process. The Sergeant has been very respectful and polite when explaining his reasons for changing rules that have affected me and others (and I still don't agree with them). I'm not going to post those issues (rules) because I don't plan on pursuing changes to those rules. There are currently more important things in my life to take up my time.
And, what if they cut me some slack, but not you on one of those "issues that need attention?" Is it OK to use a strict interpretation or require you to do something not in statue if they don't for Joe Politician or Ms. Connected?
That is every day life. Family, school, work, recreation, professional sports, politics.....rules might be interpreted to looser or stricter standards between the brother and the sister; the honor roll student and the class clown; the rookie and the superstar. Sometimes you or I benefit and sometimes Joe Politician or Ms Connected does, hopefully it balances out.
:stopjack:
Keeping with the original topic. Do you personally think it is that much of an "issue", other than principle, for HPD to require you to have your permit in hand when registering a rifle even if it is not required by law?
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Desperado !!!
Did you find your permit ???
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Just got back from California! And no, still can't find the permit!
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Is anyone questioning the registration itself?
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Well I got an email from HPD. And they quoted their website as the reason it is required. That's what I was afraid of. So I'm right, but I'm not going to win because the police don't care.
That's a pretty defeatist attitude. I haven't lost an argument I started with them yet. I've had the same thing. They didn't let me register, so I told em to pack sand. Recorded the denial / refusal to register and left. The permit to acquire and the registration are completely separate sections of the code. They have no bearing on one another. HPD doesn't get to just entirely make up new requirements; they do so because people allow them and comply.