Will the $15K be refunded to you after the Lawsuit? Hence, after the lawyers recover their legal fees from the City and State?
Heres $40 your way , the HPD will not collect from me!
Come on people donate!!!
If 1/2 the forum members donated $10 (the cost of a box of 9mm) we would have the money instantly.Excellent points.
is 1% of gun owners in Hawaii donated $1 we would be good for anyfight.
Would the Lawsuit also try to eliminate the whole Hawaii Firearm Registration System?
and
To have all past registration purged from the records.
Registration of firearms is not going to go away, This is not a firearms registration law tho, This is an attempt to register owners. One of the big differences is previously they have registered a gun to an owner. Now they are registering practitioners of a constitutionally protected act. Would be kind of like registering church goers or registering book writers or news presenters Some might even go as far it would be the same as registering black people so they can practice not being slaves.A little off topic, but the atf form 4473 does specifically ask if you are latino... What's up with that? ???
as for previously colelcted data before a lawsuit goes in. It should be expunged.
If someone refuses to volunteerly offer their info, how would it affect registering a firearm?
Ladies and Gents,
I would like to make a point about this situation that perhaps no one has brought up yet.
Basically we are in a lose-lose situation.
If you go ahead and make your purchase today then you just bent over and took one in the butt...they win.
If you stopped or delayed a purchase because of this law, then the antigun libs have won a huge victory by stopping a legitimate transaction.
They win again.
We are so screwed. :(
2a rights, from the limited time I've been attentive, have always been an uphill battle in Hawaii. But who says the only way is up the hill...why not around? I totally agree this is not a game that can be won with the rules as they stand, so the next step would be to change the rules....
...
That's a nice thought. Hard to do.
....
Btw, was that Aiea78 on gofundme?
i attached a note on paypal payment, my screen name here on 2ahawaii....
just for your personal info. just as long as rapback loses, its worth it.
http://rugerforum.net/tavern/213082-rapback-help-needed.html#post2589434===========
I started a thread on rugerforum.net
with links, gofundme link, youtube, and general info on rapback
maybe can get some help there
if others are on different national firearms forums, they can start something there too. reach out nationwide
Step one go after the low hanging fruit. The illgeal charging of $42 for people reapplying for permits.
Major Robinson of the HPD ignoring state law and charging a fee to firearms applicants that are not required to pay said fee
HRS 134-2 (i) reads :
No fee shall be charged for permits, or applications for permits, under this section, except for a single fee chargeable by and payable to the issuing county, for individuals applying for their first permit, in an amount equal to the fee charged by the Hawaii criminal justice data center pursuant to section 846-2.7.
Key words : FIRST PERMIT
https://www.youtube.com/watch?v=KDzyXKSQVjM
Thank you for recording that and posting it.
Not surprised to hear "I'm going to do what I've been told to do, no matter what the law actually says".
The only thing they understand is being on the losing end of a lawsuit, when the court spells it out for them (I'd say "in plain English", but it's already in plain English).
Now you have "standing" for the lawsuit.
Thank you for recording that and posting it.
Not surprised to hear "I'm going to do what I've been told to do, no matter what the law actually says".
The only thing they understand is being on the losing end of a lawsuit, when the court spells it out for them (I'd say "in plain English", but it's already in plain English).
Now you have "standing" for the lawsuit.
This alone is not lawsuit worthy, we file, pay $500 and then they say OK and change the policy to not charge the $42 any more,
I have a complaint written that i will be filling tomorrow with, HPD, The police commission and the city and county. Hopefully this alone will force them to stop.
Then we move onto the actual rapback part of it (i have to wait 14-20 days to get denyed my permit anyway)
Now that I know you are Mr. Roberts. He was specifically referring to you about being a "fanatic".
And he is dead wrong. He sponsored the bill and he believes in this. I have his email calling a particular person on this board a "Fanatic". So he thinks people who defend their Constitutional rights as fanatics.Yeah. That makes about as much sense as criminals calling cops "fanatics" about observing and enforcing laws. Okay, so more accurately: "about selectively observing and enforcing the laws they approve of".
(https://scontent-lax3-1.xx.fbcdn.net/v/t1.0-9/15356566_10157856410650634_1903363421100123382_n.jpg?oh=b513521c01ce00c9a2df705baef93676&oe=58B22ABB)...
Major Robinson is a hypocrite. He advocates not using a firearm for self defense, but instead to get a "big dog" instead. Yet he goes to the HPD range to qualify with his new Glock 43 for off duty concealed carry.....
FANATIC:thumbsup:
fa·nat·ic
fəˈnadik/
noun
a person filled with excessive and single-minded zeal, especially for an extreme religious or political cause.
synonyms: zealot, extremist, militant, dogmatist, devotee, adherent;
well............ im not sure if i should be offended or not, I am really interested in how i came up and how it was used in contact tho.
Im sure its just becasue hes butt hurt i beat them in that last lawsuit and unlike most i understand the law and am willing to fight for my rights. I wonder how many Non-Citzens rights they violated before that last lawsuit.
....
I believe hpd is required to qualify with whatever gun they carry.
You missed the point.For him to be logically consistent, he would only use the firearm off duty in his role as a sworn public servant intervening in a crime taking place in his presence. If he personally became a victim of a crime while off duty, he would not use the firearm, but rely on the canine, which he always has with him (right?).
My point is that he's advocating the public to get a dog, yet he gets to carry a firearm off duty for protection. If he didn't have to, would he.
You missed the point....
My point is that he's advocating the public to get a dog, yet he gets to carry a firearm off duty for protection. If he didn't have to, would he.
...
IWB dog...not a good idea.
Note....the weight of even a compact size dog tends to pull down pants.
Would you have that e-mail for me, and when was this ?
....
I believe hpd is required to qualify with whatever gun they carry.
PM me your email address. I tried to recontact Mr. Espero today with no reply.
I am sure they are watching this thread(s).
I doubt he is carrying a 43 in uniform. And the main point is that the SOB gets to conceal carry while spewing his hate for the common citizen to defend themselves.
I would put money on the fact I have more training than he does but he is excluded from the laws which is complete horseshit.
Emails sent.
Another segment of the Audio recorded on Monday, This time with regards to me recording whilst inside the police station, He kind of caught me of guard with this.
https://www.youtube.com/watch?v=Jmy7X8zq-hQ
I love how he ends it with "Take it Easy Man" Like im going to do anything else.
Most of the "private info" is on their side of the window. The only thing that may be private is when you sign the pad to verify the info typed. But a camera most likely won't capture those text. So he's full of it.
But for courtesy of privacy for others in line, I wouldn't film their faces. Kind of like when at KHSC, if you take pics of yourself shooting, try not to get others in the background. Not illegal, just a courtesy. Some of us don't post pics of our firearms on IG or FB for a reason.
Good audio recording London. I also called them to see if a CCW is denied, do we get a refund? Denied as in because Chief don't sign off, not denied due to failed background check. They said no refund, but I can call 808-587-3279 because the $42 fee goes to them. Called them and they said no refund because the criminal background process has been started. They told me to talk to HPD since Chief never sign off. So the run around.
There is no requirement for rapback for CCW, CCW's are only issued to those in Hawaii with a firearm already registered. The fee for a CCW is $10 and is only payable on issuance.
Called 2x and spoke to 2 different people (male and female) and both said if I apply for CCW, I have to pay $42 for rap back. HPD website says that CCW is an "application". Rapback applies for permits. So I called just to confirm. HPD needs understand the process. I do understand that with any new change, there is a learning curve so no biggie.
Noy much to update right now, Just waiting for Monday the 19th to find out if HPD is going to deny my permit and seize my guns (again)How are you doing on the fund raising
How are you doing on the fund raising
Kind of flatlining, I spoke to maybe a dozen people at the range on Saturday and most of them dident know and dident care, I'm not going To vomit a crime so why should it effect me attitude or that's not right but oh wel what can you do.Yep. That's why our gun rights in Hawaii are going down hill so very quickly, ainokea.. sad.
Yep. That's why our gun rights in Hawaii are going down hill so very quickly, ainokea.. sad.
Still having brisk likes on FB but people tend to like and share, however action is something else altogether.
Yep. That's why our gun rights in Hawaii are going down hill so very quickly, ainokea.. sad.One estimate (likely very low as many people are likely very reticent to tell a stranger that they have guns in their home) is that 6.7% of the Hawaii population own guns. According the the 2016 estimate Hawaii's population is 1.441,000. That means AT LEAST 96,547 people own guns in this state. If only 1 out of every ten (9,965) were willing to donate to the fund to fight RapBack, they'd need to donate $1.51 each to cover the entire $15,000 goal of the fund. I'm poor, and an extremely "thrifty" cheapskate and even I gave way more than that. To be stuck at $3,800 is a sign of just how ainokea things are for firearm civil rights here in Hawaii. It's sickening.
Still having brisk likes on FB but people tend to like and share, however action is something else altogether.
(https://scontent-lax3-1.xx.fbcdn.net/v/t1.0-9/15541256_10157913182620634_8522654300528678649_n.jpg?oh=37f3326c798692735bb3c835040e2d43&oe=58ECFB70)
(https://scontent-lax3-1.xx.fbcdn.net/v/t1.0-9/15541256_10157913182620634_8522654300528678649_n.jpg?oh=37f3326c798692735bb3c835040e2d43&oe=58ECFB70)
No word of them demanding you to surrender your other firearms and ammo?http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0007.htm
Perhaps since it was due to a procedural denial (for a lack of a better term) as opposed to something related to criminal or mental health history "triggering" a confiscation?
I put ads out in the accessories and other classified forums. Proceeds from the sale will be given to london808 for the rapback suit.Awesome zippz!
(https://scontent-lax3-1.xx.fbcdn.net/v/t1.0-9/15541256_10157913182620634_8522654300528678649_n.jpg?oh=37f3326c798692735bb3c835040e2d43&oe=58ECFB70)==================
==================Come on oldfart, you know those people are "special"/elites and the rules that apply to you and I don't apply to them... (see: Clinton, Holder, BATFE, Obama...). Now, bend over, the state has a surprise for you.
Seriously? This guy wants to track us?
Come on oldfart, you know those people are "special"/elites and the rules that apply to you and I don't apply to them... (see: Clinton, Holder, BATFE, Obama...). Now, bend over, the state has a surprise for you.....
==================
Seriously? This guy wants to track us?
Did he ever find his mailbox?
It's next to the approved stack of CCW permit paperwork.....
A lot of people don't realize that in 7 days from Now I could once again lose my 2A rights fighting for all of ours.....
....
Scorpio and myself are contributing more. I used gofundme earlier, but is PayPal better??
Doesn't the wording "database" conflict directly with the federal FOPA law?
I don't believe FOPA applies here. It only restricts the AG of the United States from making rules requiring putting gun owners in a federal database... it doesn't restrict state governments.
Just joined and donated.....
paypal gift has no fees...
I discussed this with a shop owner on an outer island. I suggested that I believed rap back was slowing December purchases. Store owner agreed. I wonder how long I can be content with what I own while we wait for litigation. I wish to contribute what I can soon. Mahalo to London 808 and others active in this forum.
18 USC 926
be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Nothing in this section expands or restricts the Secretary's authority to inquire into the disposition of any firearm in the course of a criminal investigation.
(a) The Attorney General may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter, including—Emphasis added.
...
(3) regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)(8 ) or (g)(8 ) of section 922.
No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established. Nothing in this section expands or restricts the Secretary’s [1] authority to inquire into the disposition of any firearm in the course of a criminal investigation.
(18) The term “Attorney General” means the Attorney General of the United StatesEmphasis added.
You've got to read the whole thing.
Emphasis added.
In the definitions section of this chapter, it defines the Attorney General.
Emphasis added.
So... The Attorney General of the United States may make no rule or regulation that requires records to be maintained under that chapter to be recorded at or transferred to, etc.
Hawaii's Rapback requirement is neither a rule nor a regulation (it's a statute), and was not made by the Attorney General of the United States (passed by the legislature of the State of Hawaii and signed into law by the Governor), so unless there's some other provision of federal law that specifically restricts state governments, FOPA doesn't apply.
If i didnt think there was a way to win i wouldent be collecting money for the fight.
And if I didn't think there was a way to win, I wouldn't have donated.
Just looks to me like FOPA isn't that way, and we shouldn't hang our hopes on it.
:shaka:
There is a couple of ways FOPA can work, you just have to know where to look,
Just mailed out more money from scorpio and me. Saved plenty money on fees.PayPal friends and family is free.
If all the LGS could kokua to the effort we might be twice that amount.Current total for Rapback funds is........
$4077
(after fees)
If all the LGS could kokua to the effort we might be twice that amount.
Hawaii's reply to FOPA will be that they are Hawaii and don't have to do what the federal government tells them to do. I've had similar dealings with HIOSH."State's rights. If you think the Fourteenth Amendment applies to Hawaii in this case come up with a couple hundred grand and take us [taxpayer-funded Hawaii Attorney General] though the court system. See ya in six or eight years."
Heading to HPD tomorrow to try and pick up my long gun permit. (Yes im aware i have a denial letter) I have some new information that IF and ONLY if the major listens to it (he actually provided the information) should allow me to get my permit.Good luck tomorrow.
Major wont care if u proved 1+1=2. He wont change his mind. To him it still =3.
Sent from my SM-G920V using Tapatalk
Yeah but its easier to sue some one when you can prove mater of factually that they violated the law and your rights and that you gave them the opportunity to do the right thing.Video and/or audio please.
@OGC
Are you claiming that there is no distinction between you as a business entity (LLC or whatever) and you as a private citizen? And that any private actions you take as an individual not associated with the business are subject to retribution by our "public servants"?
I'm reading this as dark humor as unfortunately, the answer is unreservedly yes. Anything I do personally has been treated as inseparable from the shop. Tends to come with the territory as an FFL holder.The following is a rhetorical question and I would not expect (nor want) you answer it in a public forum:
The following is a rhetorical question and I would not expect (nor want) you answer it in a public forum:
So you're saying that you have good reason to believe that government agencies/agents will take retributive action against you if you exercise your First Amendment (and possibility other) Constitutionally-guaranteed rights, especially in the most important area of protected speech, political speech?
The term "they will look for a reason to punish" comes to mind.I just came across this term right now in reading an article about a guy who shot three SWAT cops who used a flash bang grenade during a no-knock raid on his home (he wasn't the target of the warrant). He was acquitted of all charges. Various government "enforcement" agencies then went to the house and did some bad stuff. The term used: "targeted administrative vengeance".
6 lawyers working on it.....That article and interview took place five and one-half months ago (July 6, 2016). What are those six lawyers doing? Has a lawsuit been filed? If so, why didn't they ask for a temporary injunction given that once people get entered into the system it's unlikely they'll ever be removed? Or is it some kind of clandestine operation so as not to tip the other side to any forthcoming legal strategy? (That would seem unnecessary as subjects of a lawsuit always have plenty of time to prepare their defense. See: Peruta: filed 10/29/2009; seven years and counting...). Or did they just fold up the tent and chalk it up as a total loss?
http://www.hawaiifreepress.com/ArticlesMain/tabid/56/ID/17828/Rifle-Association-Six-Lawyers-Working-on-Hawaii-lsquoRap-Backrsquo-Lawsuit.aspx (http://www.hawaiifreepress.com/ArticlesMain/tabid/56/ID/17828/Rifle-Association-Six-Lawyers-Working-on-Hawaii-lsquoRap-Backrsquo-Lawsuit.aspx)
That article and interview took place five and one-half months ago (July 6, 2016). What are those six lawyers doing? Has a lawsuit been filed? If so, why didn't they ask for a temporary injunction given that once people get entered into the system it's unlikely they'll ever be removed? Or is it some kind of clandestine operation so as not to tip the other side to any forthcoming legal strategy? (That would seem unnecessary as subjects of a lawsuit always have plenty of time to prepare their defense. See: Peruta: filed 10/29/2009; seven years and counting...). Or did they just fold up the tent and chalk it up as a total loss?If anyone knows who those 6 lawyers are I'd love to know.
Mr. Gerwig in July: "We may see the courts looking at this. We'll see."
I know, I'm really impatient, but... I wanna see.
If anyone knows who those 6 lawyers are I'd love to know.
If anyone knows who those 6 lawyers are I'd love to know.Does it violate "attorney client privilege" to reveal the attorney(s) in a case? This is some real "hush hush" stuff...
So as many of you know I am moving forward with Legal Action against HPD, City and State with regards to Rapback, The implementation of which starts tomorrow December 5th 2016.===============
For those unfamiliar with Who I am, My Name is Andre Namiki Roberts, I am a permanent resident of the Untied states having moved here from the untied kingdom in 2006. In 2015 i Applied for a firearms permit and was denied based on a HPD policy that would require me to travel back to the untited kingdom to get a background check done on myself and provided it to them at my own expense (somewhere around $4000) This policy was made with the intention of denying non citizens there 2nd amendment rights. I recognized the implication of what they were doing and confronted them, Over a peiod of 3 days i explained them them what they were doing was wrong. they would not budge, So i contacted a lawyer here in Hawaii who handles civil rights cases and we got working on a lawsuit. After approximately 3 months of work and a lawsuit in federal court, HPD settled with me (whilst admitting no wrong doing) and as well as stooping the unconstitutional/illegal policy they also had to cover my legal expenses.
If you would like to read about this lawsuit you can do so here, http://www.hawaiinewsnow.com/story/30504334/uk-citizen-alleges-honolulu-police-depriving-his-gun-rights (http://www.hawaiinewsnow.com/story/30504334/uk-citizen-alleges-honolulu-police-depriving-his-gun-rights) or see the actual lawsuit here http://www.hawaiifreepress.com/Portals/0/Article%20Attachments/Roberts%20v%20Honolulu%202nd%20Amendment.pdf (http://www.hawaiifreepress.com/Portals/0/Article%20Attachments/Roberts%20v%20Honolulu%202nd%20Amendment.pdf)
Now why is this information important ?
I want you to know who i am, That im a real person who is willing to step up when needed to defend my rights (and those of others) I want you to see that im not going to hide behind an online Alias and that i am going to be upfront with thing. Why ? Because im going to ask for help. I have spoke to both Rick and Alan, the lawyers who helped me with my previous lawsuit and they are willing to again work with me to stop rap back. But to do so its going to cost money. The minimum amount given to me was $15k, Why so much ? This is going to be a long fight and lawyers have bills to pay. A lawsuit like this can drag on for months into years and although there is a very good chance we can stop rapback it may take some time.
Ways you can help
The biggest way you can help is with cold hard cash. I personally have put $500 in the kitty and so far have had another $300 pledged to help but we need more. You can donate direct to me
via paypal : a_roberts_84@yahoo.co.uk OR info@stoprapback.com
or
via mail you can make a check or money order payable to Andrew Namiki Roberts and mail it to Andrew Namiki Roberts, P.O. BOX 283182, Honolulu, HI 96828
or
In person, I am going to be making more effort to visit the range on weekends (usualy i go weekdays when its quite so no one laughs at me missing)
I am in the process of setting up a gofund me account But was given this notfication :
"The content of your campaign has led us to believe that you may be trying to raise money for a legal matter. You may view our terms and conditions here."
So i am waiting/looking into what caused this.
[Edit] Added GoFundMe Link from this thread https://2ahawaii.com/index.php?topic=25630.msg226820#msg226820
https://www.gofundme.com/stop-rapback-in-the-state-of-hawaii
Thanks for coming out to the HDF open shoot yesterday.
Hope you got some financial support.
The city has shelled out millions of dollars in settlements, jury awards and legal fees relating to wrongdoing by Honolulu police officers.
The cases involve use of excessive force, endangering others and racist and sexist behavior, among other things.
Thanks to Wolfwood !!! :thumbsup:
better than going to P-card usage .



so true!!!6 lawyers working on it.....Okay, now another month has passed since HRA's Gerwig gave that interview on July 6, 2016. Could someone please direct me to the HRA legal strategy and actions? Or could someone at least post when the HRA legal action devised by those six attorneys succeeds so I can go renew my long gun permit? Thanks.
http://www.hawaiifreepress.com/ArticlesMain/tabid/56/ID/17828/Rifle-Association-Six-Lawyers-Working-on-Hawaii-lsquoRap-Backrsquo-Lawsuit.aspx (http://www.hawaiifreepress.com/ArticlesMain/tabid/56/ID/17828/Rifle-Association-Six-Lawyers-Working-on-Hawaii-lsquoRap-Backrsquo-Lawsuit.aspx)
Okay, now another month has passed since HRA's Gerwig gave that interview on July 6, 2016. Could someone please direct me to the HRA legal strategy and actions? Or could someone at least post when the HRA legal action devised by those six attorneys succeeds so I can go renew my long gun permit? Thanks.I have gotten no reply yet to the message I sent to the contact page on the HRA site.
I have gotten no reply yet to the message I sent to the contact page on the HRA site.Yeah, me either... that's why I was asking for information from someone other that HRA, as they appear to have no interest in responding to public requests for information. Or even acknowledging receipt of a public request for information. I mean, I'm used to having my requests (even formal UIPA requests) ignored by the county police departments, and state and county legislators. I guess I have to add HRA to the "they nokea" list. Actually I'm hoping that by me griping and complaining (without any knowledge of what is actually going on with the six attorneys) about their seeming indifference that I've invoked the "you're an idiot for ignorantly complaining" meme and that shortly the lawsuit will be announced... like maybe at 9 AM today.
Please remember that HRA is a volunteer run organization, people with full time jobs do this in their off time and also put in a lot of hours for range days, talking to legislators, fundraising and other activities. They could probably use more official volunteers to take charge on issues like this.That may all be very true, however, I don't think that it is at all unreasonable to expect HRA to respond to inquiries regarding a public statement made by the head of the organization five months earlier about pending legal action when no such action was taken to prevent implementation of a database of gun owners. If Mr. Gerwig can make the time for an interview claiming to have "six attorneys looking at this", surely he can make the time to craft a one or two sentence email or press release updating Hawaii residents about the issue. But, I guess not.
They probably also have a very limited budget. $20 annual membership fees for I'm guessing maybe 3,000 members doesn't go far for all of the activities they do.
That may all be very true, however, I don't think that it is at all unreasonable to expect HRA to respond to inquiries regarding a public statement made by the head of the organization five months earlier about pending legal action when no such action was taken to prevent implementation of a database of gun owners. If Mr. Gerwig can make the time for an interview claiming to have "six attorneys looking at this", surely he can make the time to craft a one or two sentence email or press release updating Hawaii residents about the issue. But, I guess not.
I get discouraged by non-responses too. They have a bad email system, it just goes to individual members. They should have a group email so that any of their directors can help answer questions.
I get discouraged by non-responses too. They have a bad email system, it just goes to individual members. They should have a group email so that any of their directors can help answer questions.
Who knows who it goes to if you use the contact us it goes to a general email I'd think. If you click on the Board of Directors tab then the contact me under anyone's name it takes you back to the general contact us page previously mentioned. That leads me to believe that it is a bulk or common email box, the only way you would get to a single person would be if you knew their individual email address.
Poor email system or not 2 going 3 weeks and no reply to my message sent on December 22, 2016 is upsetting in today's digital world.
I guess I have a mission to try to get on the HRA board or as a director when I get back on island.
Sent from my iPhone using Tapatalk
So if you have something you don't like about HRA, step up and volunteer for HRA instead. They could use some good people's help.
I have a question since a lot of you seem to know this rap back. If this lawsuit goes in our favor would they remove people that were entered into system for purchasing firearms and would there be compensation involved? Would it be like a class action lawsuit?No, No, Unlikely
Sent from my SAMSUNG-SM-G891A using Tapatalk
I sent a little through paypal.
Can some one who has enrolled in rapback already and is willing to try something extremely unique and exciting please message me, Preferably some one that dosent mind challenging authority.
Can some one who has enrolled in rapback already and is willing to try something extremely unique and exciting please message me, Preferably some one that dosent mind challenging authority.I can't promise I would be willing to do what you have in mind but it sounds right up my alley.
I was told at a local gun store today of some fine print on the rap back waiver, a loophole perhaps. I have not yet purchased a gun so I don't have my own copy to verify though.
I was told that in the fine print on the form there is an opt out option. Since we are put in voluntarily by signing the waiver, there is supposed to be a clause that we can write to a certain address saying that we wish to remove our names from the rap back list and when we send them a letter they will take us off rap back.
If this loophole is correct then we might just be able to purchase a gun then go and write the feds asking them to remove us from the list. One problem though may be that when we buy a gun they will find out we are not in and we will have to pay the $42 again.
Does anyone have a copy of the rap back paper to see if this true?
Its only if there is errors in the criminal history, and only with consent of the subscribing agency.In other words, if it sounds to good to be true... :shaka:
Its only if there is errors in the criminal history, and only with consent of the subscribing agency.Just saw this on Hawaii Free Press site. It's the AG notice re RapBack:
Just saw this on Hawaii Free Press site. It's the AG notice re RapBack:
http://www.hawaiifreepress.com/ArticlesMain/tabid/56/ID/18941/Hawaii-Gun-Owners-lsquoRap-Backrsquo-Fact-Sheet.aspx
One part:
To be unenrolled from Rap Back, a registrant must show documentation that all of his or her registered firearms are no longer in Hawaii, or have been sold. Proof that firearms have been transferred to a Federal Firearms Licensed dealer will be sufficient documentation.
* * * * *
I have to wonder what sort of "documentation" would suffice to verify that you have moved all your firearms to a secured storage locker in Arizona? I'll write the AG right now and let you if I ever get an answer. Likely not as they "cannot give legal advice or answer legal questions for the public".
https://ag.hawaii.gov/wp-content/uploads/2013/01/Rap-Back-Facts-Sheet-Final-12-7-16-002.pdf (https://ag.hawaii.gov/wp-content/uploads/2013/01/Rap-Back-Facts-Sheet-Final-12-7-16-002.pdf)
● To be unenrolled from Rap Back, a registrant must show
documentation that all of his or her registered firearms are
no longer in Hawaii, or have been sold. Proof that firearms
have been transferred to a Federal Firearms Licensed dealer
will be sufficient documentation.
I belive that would only remove you from the reporting part of rapback and not from the FBI database itself.
I talked to the manager of the NRA ILA at Shot Show. He didn't know much about Hawaii's Rapback law, which is interesting in that NRA put out articles about it and I'm sure lots of other people submitted inquiries. He's going to get me a contact for our regional ILA representative to discuss the matter. They can also help give us some guidance on grassroots initiatives.
Tomorrow I'll visit SAF to see if I can get their support.
Its only if there is errors in the criminal history, and only with consent of the subscribing agency.
So it doesn't matter whether we are entered voluntarily (like how gun owners are) or done by someone (like an employer) without your consent?The form is right here on the 2nd page of this thread. I posted a reply to one of your other posts with the link before. Check the link.
I was thinking of going ahead and entering so I can get the form and post the exact wording.
I discussed RAPBACK with the founder, Alan M. Gottlieb, of the Second Amendment Foundation (www.saf.org). He was familiar with Hawaii's Rapback law and the organization will not pursue a civil case as they do not think it would succeed. Like the NRA, SAF appears to be a large organization but is actually limited in resources. They only pursue cases they have a good chance of winning and have a wide ranging effect. They also don't like to challenge cases in the 9th Circuit Court of Appeals because they know it is almost impossible to win.
They explained that the records of firearm owners are held by the State, not the FBI, and that the FBI notifies the state of people who commit criminal acts which are then matched with the records. Therefore it is not considered a Federal firearm owners database.
I discussed RAPBACK with the founder, Alan M. Gottlieb, of the Second Amendment Foundation (www.saf.org). He was familiar with Hawaii's Rapback law and the organization will not pursue a civil case as they do not think it would succeed. Like the NRA, SAF appears to be a large organization but is actually limited in resources. They only pursue cases they have a good chance of winning and have a wide ranging effect. They also don't like to challenge cases in the 9th Circuit Court of Appeals because they know it is almost impossible to win.
They explained that the records of firearm owners are held by the State, not the FBI, and that the FBI notifies the state of people who commit criminal acts which are then matched with the records. Therefore it is not considered a Federal firearm owners database.
The form is right here on the 2nd page of this thread. I posted a reply to one of your other posts with the link before. Check the link.
https://2ahawaii.com/index.php?topic=25686.msg226844#msg226844
If you enter by an employer you need to give consent. The difference is that you don't have a constitutionally-guaranteed right to have a job at such and such place. It's up to you if you want that job.
You cannot be searched, monitored, and prodded without warrant or cause with out giving your consent.
You do have a right to keep and bear arms, without infringement, and under sensible and reasonable regulation.
And Looks like soon we will be having even more burdens heaped upon us because we wish to exercise our rights.
Every gun owner in this state needs to get mobilized.
Me and London808 had a good discussion with Daniel from NRA ILA today on Rapback strategies. Dan said it is a tough case to fight, especially under the 9th Circuit Court of Appeals, however London808 brought up some very good points and new legal angles that we can base the case on, along with alternative strategies that we'll look into. Looks promising.Mahalo. Give 'em hell my brothers. :shaka:
I can confirm have a table at the gun show for the legal fight of stooping rapback & disseminating information on the legal process of of creating and changing laws....
London808 any post gun show updates?
Perhaps you can show us examples of the letters so we can send out our own along with the addresses.
So as many of you know I am moving forward with Legal Action against HPD, City and State with regards to Rapback, The implementation of which starts tomorrow December 5th 2016.
For those unfamiliar with Who I am, My Name is Andre Namiki Roberts, I am a permanent resident of the Untied states having moved here from the untied kingdom in 2006. In 2015 i Applied for a firearms permit and was denied based on a HPD policy that would require me to travel back to the untited kingdom to get a background check done on myself and provided it to them at my own expense (somewhere around $4000) This policy was made with the intention of denying non citizens there 2nd amendment rights. I recognized the implication of what they were doing and confronted them, Over a peiod of 3 days i explained them them what they were doing was wrong. they would not budge, So i contacted a lawyer here in Hawaii who handles civil rights cases and we got working on a lawsuit. After approximately 3 months of work and a lawsuit in federal court, HPD settled with me (whilst admitting no wrong doing) and as well as stooping the unconstitutional/illegal policy they also had to cover my legal expenses.
If you would like to read about this lawsuit you can do so here, http://www.hawaiinewsnow.com/story/30504334/uk-citizen-alleges-honolulu-police-depriving-his-gun-rights (http://www.hawaiinewsnow.com/story/30504334/uk-citizen-alleges-honolulu-police-depriving-his-gun-rights) or see the actual lawsuit here http://www.hawaiifreepress.com/Portals/0/Article%20Attachments/Roberts%20v%20Honolulu%202nd%20Amendment.pdf (http://www.hawaiifreepress.com/Portals/0/Article%20Attachments/Roberts%20v%20Honolulu%202nd%20Amendment.pdf)
I might be hated for this, but I'll be the devil's advocate.
***Why don't you just apply for a citizenship??? Second Amendment is a right that is for Citizens of the US??? Are you trying to sue them to change the bill of rights??? I was an immigrant, and I knew about the rights per Constitution, so I strived to be a good citizen and eventually was able to obtain my citizenship. I am sorry to say, but your rights are not as much as an American Citizen. I cannot afford to help you fight you personal vendetta with the Constitution. It's not HPD, C&C, or even the State of Hawaii. You are asking to amend the Constitution. About this Rap Back, if you guys are not doing anything wrong, why worry about it? Kinda remind me of all those protesters that's out there creating chaos, but does it with their face covered. I feel like this post was left here to incite people to react with their feelings rather that logic. Let's put your situation with someone who has bad intentions to disrupt the peace in the island, would you guys like that person / terrorist to have easier access? What makes this guy's situation different?***
Now why is this information important ?
I want you to know who i am, That im a real person who is willing to step up when needed to defend my rights (and those of others) I want you to see that im not going to hide behind an online Alias and that i am going to be upfront with thing. Why ? Because im going to ask for help. I have spoke to both Rick and Alan, the lawyers who helped me with my previous lawsuit and they are willing to again work with me to stop rap back. But to do so its going to cost money. The minimum amount given to me was $15k, Why so much ? This is going to be a long fight and lawyers have bills to pay. A lawsuit like this can drag on for months into years and although there is a very good chance we can stop rapback it may take some time.
***Like I said, I cannot afford to fund your attempt to try to amend the constitution. I remember when Arnold Swartzenegger try to change the law to accommodate his desire to run for president when he was the Governor of California. And how will I know that Rick and Alan are better that Beavis and Butthead? I don't know their background, cases won, achievements, ...etc. I could guarantee you that your 5 year mark (minimum time to be a permanent resident to apply for citizenship) will get here before you could ask everyone here to pitch in money to fund your case. I'm sorry if I'm coming out rude, but don't try to change the law if your not even a citizen here. It's like refugees in Europe that tries to implement Sharia Law to accommodate their desire.***
Ways you can help
The biggest way you can help is with cold hard cash. I personally have put $500 in the kitty and so far have had another $300 pledged to help but we need more. You can donate direct to me
via paypal : a_roberts_84@yahoo.co.uk OR info@stoprapback.com
or
via mail you can make a check or money order payable to Andrew Namiki Roberts and mail it to Andrew Namiki Roberts, P.O. BOX 283182, Honolulu, HI 96828
or
In person, I am going to be making more effort to visit the range on weekends (usualy i go weekdays when its quite so no one laughs at me missing)
I am in the process of setting up a gofund me account But was given this notfication :
"The content of your campaign has led us to believe that you may be trying to raise money for a legal matter. You may view our terms and conditions here."
So i am waiting/looking into what caused this.
[Edit] Added GoFundMe Link from this thread https://2ahawaii.com/index.php?topic=25630.msg226820#msg226820 (https://2ahawaii.com/index.php?topic=25630.msg226820#msg226820)
https://www.gofundme.com/stop-rapback-in-the-state-of-hawaii (https://www.gofundme.com/stop-rapback-in-the-state-of-hawaii)
***The funny thing is that if people don't know you in this board, I would think that this is some kind of a scam. Yahoo from UK, not real address (P.O. Box being used instead), and breaking the Go Fund Me page rules for realistically personal gain. I don't think anyone else on this board has the same predicament as you.***
I might come out harsh, but it's my Constitutional Right under the first Amendment as a US Citizen.
...
The Constitutional rights are of three different types:
1. Constitutional rights that are only secured for citizens. The most notable of these are the rights
to vote and be elected for office.
2. Constitutional rights that are secured for citizens and permanent residents. The common
interpretation of the Constitution is that where it says "the people," it usually refers to citizens and permanent residents.
An example of such right is the second amendment - "the right of the people to keep and bear Arms,
shall not be infringed" (since it says "the people," it refers to citizens and permanent residents, not any other aliens).
3. Rights that everyone has. For example, no one should be deprived of life, liberty or property without due process
of the law, regardless of their immigration status.
I agree that if we keep our noses clean, this won't affect us but that's not why the FF put the 2nd Amendment into the Bill of Rights. It's to prevent any tyrant in the future from using the rapeback system to identify firearm owners and take the guns away.
I would disagree, This affects us very much, When you go into the rapback system you are required to sign a waiver to your 4th and 5th amendment rights. This is more then just about a tyrannical goverment (which is a concern) but this is also about being forced to give up some constitutional rights to have another.What I meant is that we (probably) won't end up in jail if we keep our noses clean. Of course it affects or rights.
Trying to find people actually willing to take risks to help is near impossible.
Trying to find people actually willing to take risks to help is near impossible.
and one out to the Hawaii AG's office.
To whom it may concern.
I am writing to enquire as to enquire about whether the Hawaii State attorney generals office has provided to the Honolulu police department and/or its chief a legal instruction and or interpretation that requires a person obtaining a permit to acquire a firearm be it pistol, rifle or shotgun sign a form identified by the Honolulu police department as “HONOLULU POLICE DEPARTMENT FIREARMS SECTION : State and National Criminal History Check : Consent and notification” form.
I was provided with a link to a document created by the AG's office that states Entery into rapback is done at time of registration. https://ag.hawaii.gov/wp-content/uploads/2013/01/Rap-Back-Facts-Sheet-Final-12-7-16-002.pdf
This document clearly stats (multiple times) that registration is the factor that enters somebody into rapback and as stated I am wondering if additional instruction was provided stating that it is also required at the time of applying for a permit.
Thanks in Advance
Andrew Namiki Roberts
When applying for the permit, they stamp "RAPBACK PAID" on top to indicate they have received the payment. Perhaps they are afraid that if they require the fee during the registration, they might get confused and forget to collect the fee. Perhaps they are ass-uming that if an applicant is gonna request the permit to acquire, the applicant will naturally have to register the firearm anyways so why not kill two birds with one stone.
What if you get a permit nd never buy a firearm ? why would you need to sign the wavier to be in rapback and why would you have to pay to be in rapback.
There are fees for certain government services. You know that when you go in to fill out the applications. If you change your mind, or circumstances force you to not follow through, that's not the police department's fault. They processed your permit based on your request. They keep your money.
If you want removed from RAPBACK, you can petition HPD. If you have no firearms registered in Hawaii (never bought one), it should be straightforward. You're sill out the fee.
Take your trolling bullshit to another thread
Just curious if anyone knows the current state of rapback. Is there a legal case still in the works (thought I heard things would move forward once a new police chief was selected) or is here to stay?
Had to take a break on it for a while due to some paperwork issues that have been resolved.
This is what I'm trying to figure out:
If I'm already enrolled in the the Hawaii state criminal database and the FBI database due to my job field, why would i need to pay to re-enroll in a system I'm already in?
This is what I'm trying to figure out:Although you may already be in the database the fee charged is for the reporting function. Each agency that wants that reporting pays the fee.
If I'm already enrolled in the the Hawaii state criminal database and the FBI database due to my job field, why would i need to pay to re-enroll in a system I'm already in?
Purchased a handgun today. Will attempt to get a permit tomorrow.
Got a phone call
$42 was/will be refunded
Got a phone callSorry to hear that. I thought you had fought successfully (in a previous case) for your right to firearm ownership?
$42 was/will be refunded
Got a phone call
$42 was/will be refunded
Everyone?
Sent from my SM-G920V using Tapatalk
This is what I'm trying to figure out:
If I'm already enrolled in the the Hawaii state criminal database and the FBI database due to my job field, why would i need to pay to re-enroll in a system I'm already in?
Does anyone have the direct email to hpd firearms?
The online form keeps getting denied
hpdfirearm@honolulu.gov
They won’t wander questions tho. They will tell you to contact the state AG, who in turn will say they are forbidden by law to assent questions.
They could have also mailed you a letter 2 weeks ago or called you, but they chose to make you wait and physically come down.
Dear Chief Ballard
On June 7th 2018, I Applied for a permit to acquire a pistol at the Firearms department for the Honolulu Police Department located at 801 South Beretania street. Honolulu, HI 96813. I returned on June 21st to pick up my permit and was notified that my permit would not be issued.
As I am not a prohibited person as defined by state or federal laws nor am I a prohibited person based on medical reasoning. I am writing to enquirer as to the grounds on which my permit was denied. As the sole person responsible for approving or denying permit applications I I look forward to your prompt response.
Sincerely,
Andrew Namiki Roberts
Any responses yet?
NoWell damn


How is the lawsuit going? I haven't seen any updates of where in the process currently.
Any new progress on this? Inquiring minds want to know
The FBI has agreed to settle the FOIA request and will give us the emails between the State and FBI in segments over the next several months. We'll have an update sometime next month.
Any movement at all on this?
Our Freedom of Information Act request from the FBI is still pending due to COVID. The documents they gave us is 99% redacted, basically blank paper, which makes it useless, we're trying to get them to unredact it.
Our Freedom of Information Act request from the FBI is still pending due to COVID. The documents they gave us is 99% redacted, basically blank paper, which makes it useless, we're trying to get them to unredact it.Let me guess... the next batch, released in 3-6 months will be 98% redacted... then in another 3-6 months 97% redacted... the "hundred bottles of beer on the wall" Freedom of Information act according the the premier law enforcement in the United States. :crazy: