2aHawaii

General Topics => General Discussion => Topic started by: Standard Whey on December 21, 2016, 10:22:27 AM

Title: Getting Guns Back After TRO Confiscation
Post by: Standard Whey on December 21, 2016, 10:22:27 AM
My son had a TRO placed against him.  Because he is a minor and lives with me, it applied to me too and HPD confiscated my firearms.  The TRO was dismissed.  Has anyone had any problems getting their guns back?
Title: Re: Getting Guns Back After TRO Confiscation
Post by: MMM on December 21, 2016, 10:42:10 AM
My son had a TRO placed against him.  Because he is a minor and lives with me, it applied to me too and HPD confiscated my firearms.  The TRO was dismissed.  Has anyone had any problems getting their guns back?

wow. were you part of the TRO also or does the adult responsible automatically get that put on them?
Title: Re: Getting Guns Back After TRO Confiscation
Post by: macsak on December 21, 2016, 10:50:23 AM
My son had a TRO placed against him.  Because he is a minor and lives with me, it applied to me too and HPD confiscated my firearms.  The TRO was dismissed.  Has anyone had any problems getting their guns back?

should be ok
"In some instances (no TRO issued, lawful possession, no criminal charges pending, not held as evidence), owners of seized firearms may reclaim them within 7 working days"
you may have to file for permits to acquire
"The Honolulu Police Dept. interprets this section of law as requiring a new permit to receive your own firearms held by HPD (see “TRO’s”)."
source:
http://hawaiirifleassociation.org/hawaii-gun-laws/
Title: Re: Getting Guns Back After TRO Confiscation
Post by: dv808 on December 21, 2016, 10:55:52 AM
If you need to apply for permit to get your own guns back,  does that mean RapBack is also part of this process?  So even if you avoid purchasing any new firearms,  there's still ways of getting you into RapBack.

Sent from my HTC6545LVW using Tapatalk

Title: Re: Getting Guns Back After TRO Confiscation
Post by: surfmaster on December 21, 2016, 11:09:53 AM
If he has to follow RapBack, doesn't this mean he will have to shell out some dough to get back his OWN firearms? If so, how unfair.

If you need to apply for permit to get your own guns back,  does that mean RapBack is also part of this process?  So even if you avoid purchasing any new firearms,  there's still ways of getting you into RapBack.

Sent from my HTC6545LVW using Tapatalk
Title: Re: Getting Guns Back After TRO Confiscation
Post by: suka on December 21, 2016, 11:15:14 AM
If he has to follow RapBack, doesn't this mean he will have to shell out some dough to get back his OWN firearms? If so, how unfair.

That is true
Title: Re: Getting Guns Back After TRO Confiscation
Post by: punaperson on December 21, 2016, 12:12:41 PM
If he has to follow RapBack, doesn't this mean he will have to shell out some dough to get back his OWN firearms? If so, how unfair.
I'm pretty sure the last thing Hawaii's law enforcement and legislators care about regarding Second Amendment (and First and Fourth, etc.) civil rights is "fair". Or "rational". Or "evidence-based". Or... oh, hell, that's gonna be a really long list...
Title: Re: Getting Guns Back After TRO Confiscation
Post by: London808 on December 21, 2016, 12:21:23 PM
You should never of had to surrender your firearms,

You will have to apply for a permit to get your guns back,

You will pay $42,

You will be enrolled in rapback

Sorry
Title: Re: Getting Guns Back After TRO Confiscation
Post by: changemyoil66 on December 21, 2016, 12:45:47 PM
Damn, sucks to be you.  There was a book about Hawaii gun laws that they sell in LGS every year.  The arthur said he had his guns confiscated and had to reapply  (wait 2 weeks) to get his own guns back to him.  He couldn't just pick them up.

Also welcome to Rapback.  Sorry.
Title: Re: Getting Guns Back After TRO Confiscation
Post by: Standard Whey on December 21, 2016, 01:00:49 PM
Thanks for all your responses.  The process is way harder than it should be. 
Title: Re: Getting Guns Back After TRO Confiscation
Post by: changemyoil66 on December 21, 2016, 01:12:11 PM
http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0007.htm

From what I read, like London said, you shouldn't have had to surrender your guns.  Unless I missed something or interpreted the law wrong.  Only if a TRO is placed on you, then you have to surrender.  The law doesn't mention anything about household member having to surrender if another household member or relative has a TRO.
Title: Re: Getting Guns Back After TRO Confiscation
Post by: eyeeatingfish on December 21, 2016, 04:18:04 PM
My son had a TRO placed against him.  Because he is a minor and lives with me, it applied to me too and HPD confiscated my firearms.  The TRO was dismissed.  Has anyone had any problems getting their guns back?

It is a grey area I think. Call the firearms section and ask them what you have to do.

On a side note, if the TRO was just done maliciously then consider action to be taken against the person filing. Hard to prove though.

You could also look at action against the department for taking your guns if they did it incorrectly but this too is questionable. Your damages are low in terms of cost at this point and you would have to go to court
Title: Re: Getting Guns Back After TRO Confiscation
Post by: Standard Whey on December 21, 2016, 04:49:12 PM
So, I went to the firearms division and showed them my paperwork including the court dismissal papers, my registrations, and the property form.  They made me fill out the regular forms and didn't mention the rapback.  I should get my guns back in two weeks. I hope it includes my cases. 
Title: Re: Getting Guns Back After TRO Confiscation
Post by: London808 on December 21, 2016, 06:26:12 PM
So, I went to the firearms division and showed them my paperwork including the court dismissal papers, my registrations, and the property form.  They made me fill out the regular forms and didn't mention the rapback.  I should get my guns back in two weeks. I hope it includes my cases.

They will get you when you go back to get them.
Title: Re: Getting Guns Back After TRO Confiscation
Post by: punaperson on December 21, 2016, 06:48:45 PM
So, I went to the firearms division and showed them my paperwork including the court dismissal papers, my registrations, and the property form.  They made me fill out the regular forms and didn't mention the rapback.  I should get my guns back in two weeks. I hope it includes my cases.
I just hope that when they hand you the cases that the guns are still in them. I know sometimes things get "lost" in those police property lockers. Next year we'll have to register cases. And ammo. Like California. I'm sure you-know-who and you-know-who are cooking those bills up right now (at least the ammo one...).
Title: Re: Getting Guns Back After TRO Confiscation
Post by: robtmc on December 21, 2016, 08:07:39 PM
So, I went to the firearms division and showed them my paperwork including the court dismissal papers, my registrations, and the property form.  They made me fill out the regular forms and didn't mention the rapback.  I should get my guns back in two weeks. I hope it includes my cases.
Hopefully they gave a damn about proper storage and they are not rusted.
Title: Re: Getting Guns Back After TRO Confiscation
Post by: London808 on December 21, 2016, 08:11:14 PM
Hopefully they gave a damn about proper storage and they are not rusted.

They store as evidence on a shelf in the case you provide, They lock them open and run a string down the barrel and tied in a loop to show the barrel is empty. At least thats how mine was stored.
Title: Re: Getting Guns Back After TRO Confiscation
Post by: Rocky on December 22, 2016, 08:02:09 AM
Sounds like Illegal Search and seizure to me. :wtf:
Title: Re: Getting Guns Back After TRO Confiscation
Post by: eyeeatingfish on December 23, 2016, 09:06:45 PM
I just hope that when they hand you the cases that the guns are still in them. I know sometimes things get "lost" in those police property lockers. Next year we'll have to register cases. And ammo. Like California. I'm sure you-know-who and you-know-who are cooking those bills up right now (at least the ammo one...).

Save the property receipt if your guns are ever taken. Take a picture too. That way any loss or damage can be documented sufficiently to make a claim for recovery.
Title: Re: Getting Guns Back After TRO Confiscation
Post by: Standard Whey on January 15, 2017, 04:01:22 PM
I got my guns back on Friday.  I was second in line at HPD in the morning.  It took a little over an hour to get them from the basement.  They all look to be in good shape and I got my cases back too. 
Title: Re: Getting Guns Back After TRO Confiscation
Post by: Standard Whey on January 15, 2017, 04:03:55 PM
Also, I didn't have to sign up for the Rap Back.
Title: Re: Getting Guns Back After TRO Confiscation
Post by: changemyoil66 on January 15, 2017, 05:44:01 PM
I got my guns back on Friday.  I was second in line at HPD in the morning.  It took a little over an hour to get them from the basement.  They all look to be in good shape and I got my cases back too.
Firing pins missing hahhaha

Sent from my SM-G920V using Tapatalk

Title: Re: Getting Guns Back After TRO Confiscation
Post by: eyeeatingfish on January 16, 2017, 06:17:00 PM
Also, I didn't have to sign up for the Rap Back.

That is good news! You didn't have to apply for a permit again then right?
Title: Re: Getting Guns Back After TRO Confiscation
Post by: z06psi on March 06, 2017, 09:37:59 PM
You should never of had to surrender your firearms,


I am interested as to the legalese as to why you think that.
Title: Re: Getting Guns Back After TRO Confiscation
Post by: changemyoil66 on March 07, 2017, 08:31:20 AM
I am interested as to the legalese as to why you think that.

TRO was not on person who had to surrender the firearms, but his son.
Title: Re: Getting Guns Back After TRO Confiscation
Post by: z06psi on March 07, 2017, 08:55:28 AM
TRO was not on person who had to surrender the firearms, but his son.
But the TRO lists a respondent when it is a minor.  I would assume it his case he was listed.

In the case I brought forward the gun owner is not listed anywhere in the TRO.

Sent from my SM-G935V using Tapatalk

Title: Re: Getting Guns Back After TRO Confiscation
Post by: NightWatchman on March 07, 2017, 09:17:35 AM
should not have any problems getting them back, but you will need  written document from the court releasing the firearms.  HPD will not release just on you word it got dismissed.