2aHawaii

General Topics => Legal and Activism => Topic started by: London808 on February 15, 2016, 07:04:17 PM

Title: Firearms at home / Carrying at home
Post by: London808 on February 15, 2016, 07:04:17 PM
Hi i would like to enquirer whether carrying a firearm within your own property is legal in the state and if this is effected by whether you can be seen from a public area or not,

For example.....
Is it legal to carry openly (a loaded firearm in a holster)inside my living room?
Is it legal to carry openly (a loaded firearm in a holster)outside in my front yard?
Is it legal to carry openly (a loaded firearm in a holster)outside in my front yard if i am visible from a public street?
Title: Re: Firearms at home / Carrying at home
Post by: RSN172 on February 15, 2016, 08:34:05 PM
It is legal to carry a firearm you own on your own property.  If you are renting a home, your landlord might have a problem with you carrying a gun in plain view.  I normally carry my Glock 19 around at home on a belt holster, but I live on a 3 acre property and you cannot see any neighboring houses. Even so, I keep my Tshirt covering the gun.  I also shoot regularly on my property and my neighbors are cool with that.  Closest neighbor is about a 100 yards away on one side, 1/4 mile on the other and forest reserve in the back.  If you do decide to carry at home, I would keep the weapon concealed.  No sense causing unnecessary problems for yourself.

Title: Re: Firearms at home / Carrying at home
Post by: Q on February 15, 2016, 09:11:42 PM
I carry within my home and on my property.

If HPD ever approaches you on the property, follow normal protocol if they approach you:

- Keep your hands in a visible position
- Inform them that you are carrying a firearm on your person on your personal property
- Ask them if they would like to remove the firearm for safety reasons, or if they would like you to remove the firearm for safety reasons
- Set the firearm on the ground and take 3 steps back.


Then you can ask questions and inform them of the law. I also highly suggest that AFTER following the above steps, you record the conversation taking place or make a video of the interaction for your records.
Title: Re: Firearms at home / Carrying at home
Post by: MauiLeatherwork on February 15, 2016, 09:22:41 PM
I carry at home occasionally on 2 acres in a holster on the belt. We also target shoot with bow & arrow, shoot the pellet gun, and 22short rounds (which are no louder than a pellet gun).  I choose not to shoot anything louder for fear of upsetting the neighbor's horses two properties over. Wouldn't want to hear about someone falling off while riding due to a loud noise.
Title: Re: Firearms at home / Carrying at home
Post by: suka on February 16, 2016, 03:14:59 AM
Carry all the time in Hawaii,  right up to where the driveway meets the sidewalk.

Thus I can't retrieve my mail because its on the sidewalk which is C&C Hon. property .
Title: Re: Firearms at home / Carrying at home
Post by: Bota-CS1 on February 16, 2016, 06:53:32 AM
  If you do decide to carry at home, I would keep the weapon concealed.  No sense causing unnecessary problems for yourself.

I'm no lawyer but wouldn't that constitute concealed carry and thus require you to have a "magical unicorn" permit? 
Title: Re: Firearms at home / Carrying at home
Post by: RSN172 on February 16, 2016, 07:32:07 AM
Hawaii does not allow any kind of carry, open or concealed in public without a permit, but there is no restriction on carrying open or concealed on your own property.  I never did carry at home when I lived on Oahu.  Houses and neighbors too close and house lots only 7500 sq ft in size. 
Title: Re: Firearms at home / Carrying at home
Post by: London808 on February 16, 2016, 07:57:09 AM
I'm no lawyer but wouldn't that constitute concealed carry and thus require you to have a "magical unicorn" permit?
From my understanding the laws only apply to public property but Hawaii's laws are so poorly worded (maybe intentionally) that its hard to be sure


Hawaii does not allow any kind of carry, open or concealed in public without a permit, but there is no restriction on carrying open or concealed on your own property.  I never did carry at home when I lived on Oahu.  Houses and neighbors too close and house lots only 7500 sq ft in size.
That was a large part of my question, If i can be seen from public is that still classed as in public even tho im on private property, Im on Oahu and yes the house are very close so at some point some one is going to see me carrying.
Title: Re: Firearms at home / Carrying at home
Post by: whynow? on February 16, 2016, 05:47:14 PM
Inside house use a P239 in 9MM since it's DA/SA with a decocker in a holster with extra mag pouch.  For outside on property would be G26 in a holster under a t-shirt.
The G26 has a smaller print and more flat against body.
Title: Re: Firearms at home / Carrying at home
Post by: Dumbgun on February 16, 2016, 06:01:55 PM
I live in waipahu, wear my Glock 17 belt holstered in home. In yard I put on a long tailed shirt or remove holstered pistol from belt, do what I need to do then reattach holster. No need to remove pistol and take chance of accidental discharge. Especially when going bathroom (HPD)

During storms or blackout sit in my garage with holstered pistol and keep an eye on my property. Lots of cockroaches on my street.
Title: Re: Firearms at home / Carrying at home
Post by: Rocky on February 16, 2016, 07:12:55 PM
    I'm A mix of ya'll

    I  also target shoot with bow & arrow, shoot the pellet gun in my yard, I carry concealed within my home and on my property, (no sense causing unnecessary problems for yourself) right up to where the driveway meets my gate and when doing so can't retrieve my mail because its on C&C Hon. property and during storms or blackout, sit in my garage with holstered pistol and keep an eye on my property AND have a "magical unicorn" permit?

    And even though my property is fully fenced and gated,if I can be seen "carrying"  from public, it may fall under the classification of "brandishing' (yup, there's a new one for you boys).  :wacko:
 :shaka:
Title: Re: Firearms at home / Carrying at home
Post by: macsak on February 16, 2016, 07:24:19 PM
Hi i would like to enquirer whether carrying a firearm within your own property is legal in the state and if this is effected by whether you can be seen from a public area or not,

For example.....
Is it legal to carry openly (a loaded firearm in a holster)inside my living room?
Is it legal to carry openly (a loaded firearm in a holster)outside in my front yard?
Is it legal to carry openly (a loaded firearm in a holster)outside in my front yard if i am visible from a public street?

no one on this forum does anything illegal
we all follow HRS 134 to the letter at all times...
Title: Re: Firearms at home / Carrying at home
Post by: ren on February 16, 2016, 09:33:01 PM
We live in such a safe state and with the ability to call 911 where police are minutes away why carry? Why so paranoid? This is Hawaii not the mainland bra! Your personal safety is someone's else's problem. Just like traffic. No worry the City take care! Look at the nice fat rail we will be getting in the 25th century! Buck Rogers got nothing on us!
Title: Re: Firearms at home / Carrying at home
Post by: Q on February 16, 2016, 11:19:20 PM
We live in such a safe state and with the ability to call 911 where police are minutes away why carry? Why so paranoid? This is Hawaii not the mainland bra! Your personal safety is someone's else's problem. Just like traffic. No worry the City take care! Look at the nice fat rail we will be getting in the 25th century! Buck Rogers got nothing on us!

Yeah.

It's not like people have ever been beaten to death in the middle of a busy street, in broad daylight during traffic hour, and an HPD main station was only 2.5 min away.

You can depend on them at all times guys....no need carry anymore.
Title: Re: Firearms at home / Carrying at home
Post by: RSN172 on February 17, 2016, 01:26:05 AM
I have a good reason to be carrying a weapon at home.  I live in the most dangerous town in Hawaii

https://2ahawaii.com/index.php?topic=21687.0
Title: Re: Firearms at home / Carrying at home
Post by: London808 on February 17, 2016, 10:06:58 AM
Just in case of.........

https://youtu.be/pXqOmUQYabI
Title: Re: Firearms at home / Carrying at home
Post by: ren on February 18, 2016, 07:49:12 PM
Just in case of.........

https://youtu.be/pXqOmUQYabI

Cold War delusional mentality
Title: Re: Firearms at home / Carrying at home
Post by: London808 on February 18, 2016, 09:01:09 PM
Sent the same questions over to HPD, Got what i expected back.

 
Thank you for your inquiry. The applicable section is Hawaii Revised Statutes Section 134-25, which states:
 
[§134-25]  Place to keep pistol or revolver; penalty.  (a)  Except as provided in sections 134-5 and 134-9, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:
     (1)  A place of repair;
     (2)  A target range;
     (3)  A licensed dealer's place of business;
     (4)  An organized, scheduled firearms show or exhibit;
     (5)  A place of formal hunter or firearm use training or instruction; or
     (6)  A police station.
     "Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.
     (b)  Any person violating this section by carrying or possessing a loaded or unloaded pistol or revolver shall be guilty of a class B felony. [L 2006, c 66, pt of §1]
 
As to the finer details of your question I suggest you seek your own independent legal advice.
 
Thank you
 
Major Richard Robinson
Records and Identification Division
Honolulu Police Department
801 South Beretania Street
Honolulu, HI 96813
Title: Re: Firearms at home / Carrying at home
Post by: whynow? on February 18, 2016, 09:55:13 PM
There you go, as long as on your property GTG.  If you have the need carry at home.

BTW for all those that have a dedicated rifle for home use, do you have a method for extra ammo, accessories?  Plate carrier, bag, backpack?
My home rifle is a lever rifle so I staged a possibles bag with fixed blade knive in sheath attached, box of .357 mag 158 gr. JSP inside and a 12 rd. cartridge slide attached to shoulder strap.  Sitting above the safe ready if needed.
Title: Re: Firearms at home / Carrying at home
Post by: Q on February 19, 2016, 12:36:36 AM
There you go, as long as on your property GTG.  If you have the need carry at home.

BTW for all those that have a dedicated rifle for home use, do you have a method for extra ammo, accessories?  Plate carrier, bag, backpack?
My home rifle is a lever rifle so I staged a possibles bag with fixed blade knive in sheath attached, box of .357 mag 158 gr. JSP inside and a 12 rd. cartridge slide attached to shoulder strap.  Sitting above the safe ready if needed.

Chicom type 63
Title: Re: Firearms at home / Carrying at home
Post by: oldfart on February 19, 2016, 06:57:29 AM
I preferred the original Red Dawn version by John Milius.
...
I do not home carry, as my area is pretty idyllic and has lots of dogs to alert the neighborhood to strangers.
Title: Re: Firearms at home / Carrying at home
Post by: Q on February 19, 2016, 07:19:42 PM
I preferred the original Red Dawn version by John Milius.
...
I do not home carry, as my area is pretty idyllic and has lots of dogs to alert the neighborhood to strangers.

Yeah, the new Red Dawn was shit. My friend who was part of the production said that the original antagonists were supposed to be Chinese, but China got all butt hurt and they had to do an emergency change of script and production to make the antagonists Korean. If you examine the Korean logos, you might be able to see the paint job over the PRCs logo.


I still carry even though we have the same alert system. There have been too many cases over the past few weeks of people trespassing or monitoring my  neighborhood, so I'd rather be prepared when I go to inspect, rather than assume I don't need it and then need it.
Title: Re: Firearms at home / Carrying at home
Post by: Dumbgun on February 19, 2016, 08:43:52 PM
Better to rely on yourself then depend on others. You only get one life. Paranoid? No. You never know when an elephant might come running down the street Or some nut job might stab you while your enjoying your nature walk.
Title: Re: Firearms at home / Carrying at home
Post by: whynow? on February 19, 2016, 10:40:09 PM

I still carry even though we have the same alert system. There have been too many cases over the past few weeks of people trespassing or monitoring my  neighborhood, so I'd rather be prepared when I go to inspect, rather than assume I don't need it and then need it.
Amen to this.
 I don't  wear my holster in the house at all times but have it close.  If I go outside at night to check something out, I put it on.  When sleeping my pistol is about 2' from the bed along with a cell phone and Fenix PD35 flashlight.   My plate carrier is also close by.
My bedroom is my designated safe room.