2aHawaii
General Topics => General Discussion => Topic started by: nathanm14fan on September 09, 2016, 02:51:09 PM
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So looks like I got sucked into the issue of Kaiser and medical clearances, went to renew my long arm permit and got a call from HPD stating that Kaiser flagged me and now I need to get the medical clearance letter. >:(
Anyone else have this issue as of late? Officer I talked to was very understanding of the situation with Kaiser and Straub, and laid out the process I need to go through to get this resolved. What kills me is that I've never had any behavioral health issues, and I didn't get flagged previously.
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Sorry to hear about that. I think Kaiser is trying to shift responsibility and possible liability to someone else.
Reminds me of a blanket statement from The Professional. Who will they flag?
(http://bren.us/wp-content/uploads/2015/02/everyone-professional1994.jpg)
just to be safe...
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Sorry to hear about that. I think Kaiser is trying to shift responsibility and possible liability to someone else.
Reminds me of a blanket statement from The Professional. Who will they flag?
(http://bren.us/wp-content/uploads/2015/02/everyone-professional1994.jpg)
just to be safe...
Quite possible, and silly on its face - the HPD form letter quotes HRS 134-18 which provides qualified immunity for physicians, psychologists, or psychiatrists who provide information on permit applications. Sadly, I think I got flagged because I had gastric surgery 4 years ago. Guess which department that falls under? Behavioral medicine. Try to do something to improve my health and now it impacts my 2A rights.....
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Kaiser didn't flag you, HPD did
Kaiser tells HPD if you went to behavioral health for any reason. that's the only way that HPD can red flag you
now you have to go to outside psychologist, pay out of pocket, and have the psychologist write you a letter of clearance
HPD should have gave you a sample letter to follow with the exact wording to use.
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Before i type out a long and lengthy response i have to ask : are you willing to put in the time, legwork and effort into fighting it OR are you just going to go and get the clearance letter.
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Kaiser didn't flag you, HPD did
Kaiser tells HPD if you went to behavioral health for any reason. that's the only way that HPD can red flag you
now you have to go to outside psychologist, pay out of pocket, and have the psychologist write you a letter of clearance
HPD should have gave you a sample letter to follow with the exact wording to use.
They did give me a sample letter.
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Before i type out a long and lengthy response i have to ask : are you willing to put in the time, legwork and effort into fighting it OR are you just going to go and get the clearance letter.
I am exploring my options but at this point I will see what I can do through Kaiser. I do not have the means to sustain litigation, and unfortunately this issue seems to be low priority for the NRA and HRA.
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One word HSMA
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Good luck.
Respectfully,
SWHunter
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Having talked to my doctor, Kaiser is a dead end - they are not allowed by policy to help in any way. :wtf:
I've gotten some recommendations for doctors, so next week will begin the rush to get this resolved before my permit window closes.
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Having talked to my doctor, Kaiser is a dead end - they are not allowed by policy to help in any way. :wtf:
I've gotten some recommendations for doctors, so next week will begin the rush to get this resolved before my permit window closes.
They cant help on their end becasue they have done what they are required to by law. HPD is the one fucking you.
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HRA has been noticibly silent on this issue, I loved to hear what efforts they are doing on behalf of HI gun owners.
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Nathanm14fan, are you an HRA member?
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Not an HRA member, but I am an NRA Life member. Regardless of not being a dues-paying member, my point still stands. I'm far from the only person who has dealt with this. I looked at the HRA website and didn't find any information about the Kaiser / Straub medical issue. I do recall an article in press from earlier this year or sometime last year about this controversy, but if HRA has been active on this issue then they haven't been publicizing it.
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Ok thanks. The reason why I ask is just to bring up a point that folks expect the HRA to do stuff for them without providing it financial support by being a dues paying member.
HRA has done stuff to address this before although I'd have to defer to the HRA to provide details. This medical clearance issue just keeps rearing its head again and again so it seems like a ongoing whack-a-mole effort.
NRA does stuff at the national level, HRA at the state level. The 2 organizations do collaborate on some things but being an NRA member does not provide any financial support for the HRA.
HRA is not as strong as it could be and could use more of our help (financial or volunteer) to do things at the state level.
Please do consider joining the HRA.
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On 2a we've been trying to get people, that has been targeted by this fiasco, together to fight. I haven't heard much back from anyone. Maybe they can post updates if they still are here on the site?
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All good points. I went ahead and joined HRA this morning, every little bit helps.
Ok thanks. The reason why I ask is just to bring up a point that folks expect the HRA to do stuff for them without providing it financial support by being a dues paying member.
HRA has done stuff to address this before although I'd have to defer to the HRA to provide details. This medical clearance issue just keeps rearing its head again and again so it seems like a ongoing whack-a-mole effort.
NRA does stuff at the national level, HRA at the state level. The 2 organizations do collaborate on some things but being an NRA member does not provide any financial support for the HRA.
HRA is not as strong as it could be and could use more of our help (financial or volunteer) to do things at the state level.
Please do consider joining the HRA.
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https://2ahawaii.com/index.php?topic=20866.0
https://2ahawaii.com/index.php?topic=20866.msg192163#msg192163
Check out these threads
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Thanks - I checked those out but that seems to be where the trail ends. I haven't seen any updates on the situation, and it seems like the problem went away but apparently hasn't. I have a copy of the form letter I was given by HPD, typographical errors and all. I'm waiting to hear back from a psychologist on getting my medical clearance, I just hope to have this resolved before the permit expires on the 28th (first pickup date is the 22nd assuming all is OK). I did ask the officer at the firearms department if there is any negative impact if I don't get this done in time, according to him there is none - they just shred the application and that's it. I believe him but I still have to take that with a grain of salt.
https://2ahawaii.com/index.php?topic=20866.0
https://2ahawaii.com/index.php?topic=20866.msg192163#msg192163
Check out these threads
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HRA directors are aware of the situation. Last I heard was that it had been resolved by and large from a routine check perspective. Haven't heard much of instances where people were flagged due to "other" issues. There are at least a couple that read/post here, so maybe they'll chime in.
For the routine check issue, it was my understanding that the "problem" was primarily due to their internal policies and I thought either Kaiser or Straub had revised their policy, but not sure which. Didn't really get into the details since I wasn't personally affected.
Hope common sense prevails here and you get things resolved soon!
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HRA's hands are tied by its non profit standing. They are a members club and nothing else
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HRA directors are aware of the situation. Last I heard was that it had been resolved by and large from a routine check perspective. Haven't heard much of instances where people were flagged due to "other" issues. There are at least a couple that read/post here, so maybe they'll chime in.
For the routine check issue, it was my understanding that the "problem" was primarily due to their internal policies and I thought either Kaiser or Straub had revised their policy, but not sure which. Didn't really get into the details since I wasn't personally affected.
Hope common sense prevails here and you get things resolved soon!
The problem is not with the medical provider it's with HPD,
The law allows for HPD to ask your Medical provider for your medical information relating to mental health to determine if you are disqualified from ownership or not.
They used to send a letter to the doctor saying along the lines of.
Your patient wants a gun, if you know of any medical reason they can't own one let us know within 7 days, if we don't receive notification we will take that as they don't have anything wrong.
Last year they changed the letter to read along the lines of,
Your patient want to own a gun, send us a statement saying that you as their doctor are saying that they have no medical conditions that would prevent them
From owning one.
Doctors are not willing to take this responsibility and as such are not doing so, instead they are complying with the law and sending patients medical records to HPD for them to make the determination. HPD is looking at these records and seeing the word psychological (or any word related) and denying permits until a doctor writes the letter clearing you.
HPD's actions are illegal and unconstitutional but people in Hawaii are to willing to let them have their way and won't put the leg work into stoping them, instead they go find a doctor who is willing to give HPD what they want .
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I see. Last I recall, the process was the "if no problem, no response" then you're fine. I thought for a while, Straub and/or Kaiser were responding something to the effect that they couldn't respond positive or negative and HPD took that response and started denying permits. Or something like that. It has been a while and things change. I know one instructor friend works at Straud and he was able to get stuff resolved, but it was a headache for sure.
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HPD's actions are illegal and unconstitutional but people in Hawaii are to willing to let them have their way and won't put the leg work into stoping them, instead they go find a doctor who is willing to give HPD what they want .
I can only wish the world and decision making in general was so black and white. While I applaud you London808 in your successful fight against HPD and their efforts to deny you the ability to own firearms, you should realize that most people do not have the financial means to individually sustain litigation (I certainly don't, but you clearly do/did), especially in a place as expensive as Hawaii. The fact that the NRA and other 2A advocacy groups haven't led the charge is a big concern of mine, their ability to pool resources and fight on behalf of every gun owner its one of the reasons why people become members and why those groups are in general are successful.
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I can only wish the world and decision making in general was so black and white. While I applaud you London808 in your successful fight against HPD and their efforts to deny you the ability to own firearms, you should realize that most people do not have the financial means to individually sustain litigation (I certainly don't, but you clearly do/did), especially in a place as expensive as Hawaii. The fact that the NRA and other 2A advocacy groups haven't led the charge is a big concern of mine, their ability to pool resources and fight on behalf of every gun owner its one of the reasons why people become members and why those groups are in general are successful.
I got my case on contingency, (i paid nothing up front and the most i would of paid is the filling fee of $500) In a caser like this i dont belive you would need a lawyer. Its a clear case of HPD operating outside of the law. They do not have a legal reason to stop you processioning a firearm. You are not prelude by a medical contditon, The only reason they have failed to issue you your permit is becasue you have a psych note on your medical recods, Not that you have been diagnosed with a condition that would disqualify you.
You could file pro se (representing yourself) the most you would be out would be the filing fees to the federal court. This is the form you would use. http://www.hid.uscourts.gov/Forms/HID/ProSe/complaint_for_violation_of_civil_rights_non-prisoner_0.pdf (http://www.hid.uscourts.gov/Forms/HID/ProSe/complaint_for_violation_of_civil_rights_non-prisoner_0.pdf)
This is the court rules you would need to abide by
http://www.hid.uscourts.gov/docs/localrules/Civil%20Local%20Rules%20updated%2006.29.16.pdf?pid=11&mid=47 (http://www.hid.uscourts.gov/docs/localrules/Civil%20Local%20Rules%20updated%2006.29.16.pdf?pid=11&mid=47)
If you want to go ahead and have questions i can probably help or look up the information for you, I AM NOT A LAWYER, MY ADIVCE IS ONLY BASED ON COMMON SENSE AND SHOULD NOT BE CONSIDERED AS LEGAL ADVICE.
Its not always about money but about legwork as well.
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I got my case on contingency, (i paid nothing up front and the most i would of paid is the filling fee of $500) In a caser like this i dont belive you would need a lawyer. Its a clear case of HPD operating outside of the law. They do not have a legal reason to stop you processioning a firearm. You are not prelude by a medical contditon, The only reason they have failed to issue you your permit is becasue you have a psych note on your medical recods, Not that you have been diagnosed with a condition that would disqualify you.
You could file pro se (representing yourself) the most you would be out would be the filing fees to the federal court. This is the form you would use. http://www.hid.uscourts.gov/Forms/HID/ProSe/complaint_for_violation_of_civil_rights_non-prisoner_0.pdf (http://www.hid.uscourts.gov/Forms/HID/ProSe/complaint_for_violation_of_civil_rights_non-prisoner_0.pdf)
This is the court rules you would need to abide by
http://www.hid.uscourts.gov/docs/localrules/Civil%20Local%20Rules%20updated%2006.29.16.pdf?pid=11&mid=47 (http://www.hid.uscourts.gov/docs/localrules/Civil%20Local%20Rules%20updated%2006.29.16.pdf?pid=11&mid=47)
If you want to go ahead and have questions i can probably help or look up the information for you, I AM NOT A LAWYER, MY ADIVCE IS ONLY BASED ON COMMON SENSE AND SHOULD NOT BE CONSIDERED AS LEGAL ADVICE.
Its not always about money but about legwork as well.
Thanks for the rundown, that is good context.
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Thanks Nathan. I'll try to point out your thread to HiCarry and HRA to see if they have any updates or recommendations for you.
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Got word from a member here that the psychologist clearance letter is now good indefinitely instead of 1 year like before
And just registered rifle and confirmed with hpd that it is indefinite now.