2aHawaii
General Topics => Legal and Activism => Topic started by: punaperson on June 22, 2017, 08:13:11 AM
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I see that the International Olympic Committee has changed three of the shooting events to be more "politically correct"... three men's events have been changed to "mixed gender", and the events themselves have been changed, two of them from firearms to airguns.
https://bearingarms.com/beth-b/2017/06/22/olympic-committee/
I know I previously read the HRS about non-firearms (e.g. airguns, etc.) that appear similar enough to firearms that they could be mistaken for firearms as being illegal to bear, but I can't remember the details or where it is in HRS (and don't fell like rummaging through that thing again... it's too depressing) and wonder if anyone knows offhand what the law is?
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Don't know anything about the law. I'll just say that my friend's kids have airsoft and other air guns that are VERY real. One of my best friends is a cop and he has this HK 416 airsoft gun that from even 10 feet away, it would be hard pressed for me to tell it's an airsoft. His son has an HK45 clone airsoft pistol and that thing looks VERY close to the centerfire handgun.
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No HRS as far as im aware, County's have rules tho.
Article 8.
Air Guns Sections:
41-8.1 Definitions.
41-8.2 Restrictions on sale, rental, gift or other transfer.
41-8.3 Restrictions on use.
41-8.4 Exceptions.
41-8.5 Seizure, forfeiture and disposal.
41-8.6 Violation–Penalty.
Sec. 41-8.1 Definitions.
“Air gun” means any gun, rifle or pistol, by whatever name known, which is designed to expel a pellet or BB shot by the action of compressed air or gas, or by the action of a spring or elastic but does not include any firearm.
“Dealer” means any person engaged in the business of selling or renting air guns.
(Sec. 13-19.1, R.O. 1978 (1983 Ed.))
Sec. 41-8.2 Restrictions on sale, rental, gift or other transfer.
(a) It is unlawful for any dealer to sell, lend, rent, give or otherwise transfer an air gun to any person under the age of 18 years where the dealer knows or has reasonable cause to believe the person to be under 18 years of age or where the dealer has failed to make reasonable inquiry relative to the age of such person and such person is under 18 years of age.
(b) It is unlawful for any person to sell, lend, rent, give or otherwise transfer any air gun to any person under 18 years of age, except where the relationship of parent and child, guardian and ward, or adult instructor and pupil exists between such person and the person under 18 years of age.
(Sec. 13-19.2, R.O. 1978 (1983 Ed.))
Sec. 41-8.3 Restrictions on use.
(a) It is unlawful for any person to carry or display an air gun on any street, alley, public road or on any public land, unless the air gun is unloaded and in a suitable case or securely wrapped.
(b) It is unlawful for any person to discharge any air gun from or across any street, sidewalk, alley or public land, or any public place except on a properly constructed target range.
(c) It is unlawful for any person to discharge any air gun on any private parcel of land or residence in such a manner that the pellet or BB shot may reasonably be expected to traverse any ground or space outside the limits of such parcel of land or residence or in such a manner that persons or property may be endangered; provided, that nothing in this article shall be deemed to prevent any person who has obtained a hunting license pursuant to HRS Chapter 183D from engaging in hunting in accordance with law.
(d) It is unlawful for any person to discharge any air gun in such a manner or under such circumstances that persons or property may be endangered.
(Sec. 13-19.3, R.O. 1978 (1983 Ed.); Am. Ord. 96-58, 03-23)
Sec. 41-8.4 Exceptions.
Notwithstanding any provision of this article to the contrary, it shall be lawful for any person to possess an air gun if it is:
(a) Kept within such person’s domicile.
(b) Used by a person under 18 years of age, who is a duly enrolled member of any club, team or society organized for education or training purposes and maintaining as a part of its facilities or having written permission to use an indoor or outdoor target range, when the air gun is used at such target range under the supervision, guidance and instruction of a responsible adult.
(c) Used by a person 18 years of age or older at a properly constructed target range.
(d) Used in or on any private parcel of land or residence under circumstances in which the air gun can be fired, discharged or operated in such a manner as not to endanger persons or property and in such manner as to prevent the pellet or BB shot from traversing any grounds or space outside the limits of such parcel of land or residence.
(e) Used in hunting or going to or from the place of hunting in accordance with law by a person who has obtained a hunting license pursuant to HRS Chapter 183D or who, if such person is under 18 years of age, has obtained such a hunting license and is accompanied by an adult who has obtained such hunting license.
(f) Used by a person involved in a living history presentation or other activity for historical interpretation or educational purposes, or by a person participating in a parade if such activity or parade participant is associated with an established historical organization, museum, military preservation organization, or other group with a mission to educate the public at various events through the use of historical artifacts, clothing, vehicles, aircraft, maritime vessels, and firearms or replicas thereof.
(Sec. 13-19.4, R.O. 1978 (1983 Ed.); Am. Ord. 96-58, 03-23, 03-35)
Sec. 41-8.5 Seizure, forfeiture and disposal.
Any police officer who arrests any person for possessing, using, lending, renting, giving or transferring an air gun in violation of any provisions of this article shall take custody of such air gun. Upon conviction of such person the air gun so seized shall be forfeited to the city. Any air gun so forfeited shall remain in the custody of the police department for one year and thereafter destroyed; provided, that such air gun shall be retained for subsequent proceedings, both civil or criminal, and until any such action is concluded, if any person desiring the use of such forfeited air gun as evidence files with the chief of police a written notice of an intention to so use the air gun before the destruction date herein provided.
(Sec. 13-19.5, R.O. 1978 (1983 Ed.))
Sec. 41-8.6 Violation–Penalty.
Any person violating any provision of this article shall, upon conviction, be punished by a fine not exceeding $500.00 or imprisonment for a period not exceeding one year, or both.
(Sec. 13-19.6, R.O. 1978 (1983 Ed.))
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There's a Honolulu law. Not sure if there are laws in the other counties.
http://www.honolulu.gov/rep/site/ocs/roh/ROH_Chapter_41a1--25.pdf (page 6)
It is unlawful for any person to carry or display an air gun on any street, alley, public road or on any public land, unless
the air gun is unloaded and in a suitable case or securely wrapped.
dam, beat by 5 seconds.
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There's a Honolulu law. Not sure if there are laws in the other counties.
http://www.honolulu.gov/rep/site/ocs/roh/ROH_Chapter_41a1--25.pdf (page 6)
It is unlawful for any person to carry or display an air gun on any street, alley, public road or on any public land, unless
the air gun is unloaded and in a suitable case or securely wrapped.
dam, beat by 5 seconds.
I have it bookmarked lol.
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When you own these you have to know the rules. It is illegal however to hunt with them in Hawaii.
(https://scontent-sjc2-1.xx.fbcdn.net/v/t1.0-9/13178067_10156903135190634_3224761697350111474_n.jpg?oh=3baf104c684b86a713ed9d75826822ed&oe=59C3D400)
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When you own these you have to know the rules. It is illegal however to hunt with them in Hawaii.
Air rifle?
I was watching some hunting shows on The Outdoor Channel and there are some damn powerful air rifles. Gamo comes to mind. Based on projectile weight and velocity, they are seemingly way more than 22 lr. I'd have to research the numbers, but I thought I saw some of the guns are capable of darn near some lower caliber centerfire weights and velocities. Probably an exaggeration, but I was surprised at what kinds of animals are hunted with air rifles.
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Thanks guys. Hawaii County has no such laws (certainly regarding use on private land), at least according to District Attorney Mitch Roth in my personal conversations and email exchanges with him, that's why I was wondering about the HRS sections that would apply to Hawaii County and bearing in public. I know last year some guy was cited here for having an airsoft pistol visible on a public bus, but don't remember the charge. I was thinking more along the lines of an airgun that was NOT a "clone" and didn't really look like any particular firearm... but I guess anything with a barrel and a trigger would be "suspicious" enough to warrant being deemed "a danger to public safety".
It's just my fantasy to legally challenge these laws (I have neither the legal knowledge nor the financial resources to actually challenge the laws). I had considered buying and carrying (holstered in public) a "cattle prod", as those are exempted from the ban on "stun guns" and "electric guns", but, again, getting arrested and challenging the stupid law would be an expense that I'm unable to afford (And if Hawaii isn't going to conform to the SCOTUS Caetano per curiam ruling, my theoretical puny lawsuit wouldn't make any difference...). Maybe someday, someone, somewhere...
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Air rifle?
I was watching some hunting shows on The Outdoor Channel and there are some damn powerful air rifles. Gamo comes to mind. Based on projectile weight and velocity, they are seemingly way more than 22 lr. I'd have to research the numbers, but I thought I saw some of the guns are capable of darn near some lower caliber centerfire weights and velocities. Probably an exaggeration, but I was surprised at what kinds of animals are hunted with air rifles.
This was my argument to Mitch Roth when he told me that I couldn't fire my .22LR guns on my property without the "possibility" of citation/arrest for "reckless endangerment", but that firing larger caliber, greater mass and weight bullets/projectiles, at (sometimes much) higher muzzle velocities from an airgun was perfectly and unambiguously legal, i.e. there would be no legal justification for a citation/arrest, as the law specifically states "firearm". It's completely irrational, illogical and thus, "makes no sense". But that's the law. And all those lawyers in the legislature know what they're doing. Sure they do.
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Air rifle?
I was watching some hunting shows on The Outdoor Channel and there are some damn powerful air rifles. Gamo comes to mind. Based on projectile weight and velocity, they are seemingly way more than 22 lr. I'd have to research the numbers, but I thought I saw some of the guns are capable of darn near some lower caliber centerfire weights and velocities. Probably an exaggeration, but I was surprised at what kinds of animals are hunted with air rifles.
https://www.youtube.com/watch?v=-pqFyKh-rUI
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This was my argument to Mitch Roth when he told me that I couldn't fire my .22LR guns on my property without the "possibility" of citation/arrest for "reckless endangerment", but that firing larger caliber, greater mass and weight bullets/projectiles, at (sometimes much) higher muzzle velocities from an airgun was perfectly and unambiduously legal, i.e. there would be no legal justification for a citation/arrest, as the law specifically states "firearm". It's completely irrational, illogical and thus, "makes no sense". But that's the law. And all those lawyers in the legislature know what they're doing. Sure they do.
That's just "common sense crazy talk". . . you know better than that. . . :crazy:
;D
But yup. I hear ya. Don't make no sense. Sometimes I wonder if those air rifles weren't developed specifically to get around "firearm" wording in many hunting laws.
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You can get arrested for reckless endangerment for ANYTHING, they deem reckless or endangering. With regards to an air gun in public there would be a whole bunch of things they could charge you with.
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Air rifle?
I was watching some hunting shows on The Outdoor Channel and there are some damn powerful air rifles. Gamo comes to mind. Based on projectile weight and velocity, they are seemingly way more than 22 lr. I'd have to research the numbers, but I thought I saw some of the guns are capable of darn near some lower caliber centerfire weights and velocities. Probably an exaggeration, but I was surprised at what kinds of animals are hunted with air rifles.
Yep, Integrally suppressed .25cal (6.33mm) PCP air rifle. 700FPS with a 28grn pellet.
They have another model which shoots a .45 at 1000 FPS, designed for coyotes and wild pigs.
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You can get arrested for reckless endangerment for ANYTHING, they deem reckless or endangering.
Would I be able to make multiple "citizen arrests" at the state legislature using that charge? :geekdanc: