2aHawaii

General Topics => Legal and Activism => Topic started by: London808 on May 16, 2019, 11:40:00 AM

Title: State admits Rap Back is bullshit.
Post by: London808 on May 16, 2019, 11:40:00 AM
State admits that Rap Back is bullshit

“according to Chris Young, administrator at the state Criminal Justice Data Center, which runs a state version of the Rap Back program.

No fingerprints of registered gun owners were submitted to the FBI, as the federal agency has not decided if Hawaii’s inclusion of firearm registrants’ fingerprints would be permissible, “

https://www.civilbeat.org/2019/05/gun-group-sues-fbi-for-records-on-state-fingerprint-program/ (https://www.civilbeat.org/2019/05/gun-group-sues-fbi-for-records-on-state-fingerprint-program/)
Title: Re: State admits Rap Back is bullshit.
Post by: 6716J on May 16, 2019, 12:40:13 PM
Doesn't their entire registration scheme violate the FOPA? Or does this apply solely to Federal Registration schemes and the States can run roughshod over all of us?


18 USC: Ch 44: Sec §926. Rules and regulations
https://www.govinfo.gov/content/pkg/USCODE-2011-title18/html/USCODE-2011-title18-partI-chap44-sec926.htm

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.
Title: Re: State admits Rap Back is bullshit.
Post by: tillamook on May 16, 2019, 12:46:28 PM
the state version?  WTF is that?  That is worse than the "dog ate my homework" kind of BS excuse.  I think I would no longer be surprised at the level of stupidity that is the government but they continue to out-do themselves. 

"The law authorizes people who register firearms in Hawaii
to be entered in the FBI’s Rap Back service database."

what does FBI stand for then?  The "Funny Hawaii BI"
Title: Re: State admits Rap Back is bullshit.
Post by: Heavies on May 16, 2019, 12:50:42 PM
Doesn't their entire registration scheme violate the FOPA? Or does this apply solely to Federal Registration schemes and the States can run roughshod over all of us?


18 USC: Ch 44: Sec §926. Rules and regulations
https://www.govinfo.gov/content/pkg/USCODE-2011-title18/html/USCODE-2011-title18-partI-chap44-sec926.htm

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.
I believe Hawaii's registration scheme was enacted before FOPA
Title: Re: State admits Rap Back is bullshit.
Post by: rpoL98 on May 16, 2019, 01:18:56 PM
so what is village-idiot Willie Espero's response to his proposal is deemed by FBI to be not permissible, against the law.  Civil Beat should shove a mike in his face and ask him if he's got any other illegal schemes he'd like to propose as Hawaii law.  after all, we are just a banana republic, anything goes!  legal? pfft, who cares.  constitution?  what's that?
Title: Re: State admits Rap Back is bullshit.
Post by: 6716J on May 16, 2019, 01:42:49 PM
The real question is will everyone who paid in get their money back? And why are they still collecting the fee since only $12 is the background fee, as is publicly shown on their FAQ sheet? I know they quietly removed the RapBack stuff from the HPD website. So are they now just quietly stealing our money still hoping we won't notice?
Title: Re: State admits Rap Back is bullshit.
Post by: 6716J on May 16, 2019, 01:43:15 PM
I believe Hawaii's registration scheme was enacted before FOPA
How do we find out?
Title: Re: State admits Rap Back is bullshit.
Post by: changemyoil66 on May 16, 2019, 01:45:58 PM
I not only want my money back, but all documents and prints that had to be completed as well.  I'll take a flash drive of my prints since they were electronically scanned.

Also money for the parking meter.
Title: Re: State admits Rap Back is bullshit.
Post by: Flapp_Jackson on May 16, 2019, 02:10:00 PM
I not only want my money back, but all documents and prints that had to be completed as well.  I'll take a flash drive of my prints since they were electronically scanned.

Also money for the parking meter.

You had to pay for parking anyway to apply for/pickup permits and register firearms.

No refund.   :wave:
Title: Re: State admits Rap Back is bullshit.
Post by: changemyoil66 on May 16, 2019, 02:22:51 PM
You had to pay for parking anyway to apply for/pickup permits and register firearms.

No refund.   :wave:

It took a few mins longer to do the RAPBACK for me and everyone who was in line in front of me.  I want my quarters back.
Title: Re: State admits Rap Back is bullshit.
Post by: zippz on May 16, 2019, 02:46:41 PM
Doesn't their entire registration scheme violate the FOPA? Or does this apply solely to Federal Registration schemes and the States can run roughshod over all of us?

FOPA applies to Federal registrations.  What you highlighted means the Feds cannot make States have firearms registration or store the records, but it doesn't prevent States from creating their own program.

How it affects RAPBACK is FBI maybe creating a defacto registration database to support Hawaiis request.  Depends on how the system is setup and procedures.
Title: Re: State admits Rap Back is bullshit.
Post by: ren on May 16, 2019, 02:51:37 PM
sounds like a class action lawsuit to get back cRapBack fees plus interest