2aHawaii
General Topics => General Discussion => Topic started by: Standard Whey on December 21, 2016, 10:22:27 AM
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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?
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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?
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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/
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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.
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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.
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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
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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...
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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
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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.
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Thanks for all your responses. The process is way harder than it should be.
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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.
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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
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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.
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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.
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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...).
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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.
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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.
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Sounds like Illegal Search and seizure to me. :wtf:
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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.
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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.
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Also, I didn't have to sign up for the Rap Back.
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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
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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?
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You should never of had to surrender your firearms,
I am interested as to the legalese as to why you think that.
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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.
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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.
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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.