2aHawaii

General Topics => General Discussion => Topic started by: islandgunner on December 28, 2018, 05:27:09 AM

Title: Legal Question: Left State and firearm, now moving back
Post by: islandgunner on December 28, 2018, 05:27:09 AM
My brother was living with me on Oahu and owned a rifle.  He left for the mainland for a job, but left the rifle with me.  I own an array of firearms myself.  He is now planning on moving back with a new rifle he bought on the mainland.  Upon recent research, we've came to realize that he didn't officially transfer his firearm to me, we didn't realize this was an issue years ago.  Per 134-4, it's been more than 15days, and while I've had a permit to acquire handguns in recent years, I'm not sure if it's been 100% of the time.  Now we're wondering what he should do.  Should he not bring back the rifle so as to not raise red flags upon registering it?  Could he transfer/sell his new rifle to me from the mainland so that he doesn't have to go thru HPD with an out-of-state transfer and raise red flags?  Or are we worrying too much and he should just move back with his new rifle and register it and if they bring up his old rifle just say we didn't know?  Any advice is appreciated.  Apologies if this is an inappropriate topic or wrong forum.
Title: Re: Legal Question: Left State and firearm, now moving back
Post by: macsak on December 28, 2018, 05:29:25 AM
My brother was living with me on Oahu and owned a rifle.  He left for the mainland for a job, but left the rifle with me.  I own an array of firearms myself.  He is now planning on moving back with a new rifle he bought on the mainland.  Upon recent research, we've came to realize that he didn't officially transfer his firearm to me, we didn't realize this was an issue years ago.  Per 134-4, it's been more than 15days, and while I've had a permit to acquire handguns in recent years, I'm not sure if it's been 100% of the time.  Now we're wondering what he should do.  Should he not bring back the rifle so as to not raise red flags upon registering it?  Could he transfer/sell his new rifle to me from the mainland so that he doesn't have to go thru HPD with an out-of-state transfer and raise red flags?  Or are we worrying too much and he should just move back with his new rifle and register it and if they bring up his old rifle just say we didn't know?  Any advice is appreciated.  Apologies if this is an inappropriate topic or wrong forum.

register the new rifle to him
the old rifle should not be an issue
Title: Re: Legal Question: Left State and firearm, now moving back
Post by: dogman on December 28, 2018, 05:45:01 AM
  Or are we worrying too much and he should just move back with his new rifle and register it and if they bring up his old rifle just say we didn't know?
Highly unlikely they will bring up the old rifle.
Title: Re: Legal Question: Left State and firearm, now moving back
Post by: Rocky on December 28, 2018, 07:39:58 AM
register the new rifle to him
the old rifle should not be an issue
Also register old rifle in your name if he's letting you keep it.
Title: Re: Legal Question: Left State and firearm, now moving back
Post by: changemyoil66 on December 28, 2018, 08:59:46 AM
There is no way of HPD knowing that a rifle that was registered to your brother was left behind and he's coming back.  Well the only way would be if it was used in defense or a crime and HPD confiscated it.  Then all your brother has to do is say he is lending it to you and the 15 day window starts. 

There is also no law about leaving a rifle behind (moving, vacation, etc...) and he must take it with him.  As long as it was secure, it's fine.

For the one he bought in the mainland, he has 5 days to register it once it arrives here.  He may have to enroll in RAPBACK.  Make sure he says "out of state" and the rifle is legal in Hawaii (barrel more than 16 inches).
Title: Re: Legal Question: Left State and firearm, now moving back
Post by: islandgunner on December 29, 2018, 03:14:53 AM
awesome, thanks for the input.