2aHawaii

General Topics => General Discussion => Topic started by: DEROS on August 10, 2021, 07:06:52 PM

Title: Transfer Gun
Post by: DEROS on August 10, 2021, 07:06:52 PM
I want to transfer a gun to my wife so she can be a gun owning supporter of the 2 amendment.  Do I just write a letter say I’m transferring gun sn to xxx so she can get an PTA?


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Title: Re: Transfer Gun
Post by: aaronc5362 on August 10, 2021, 07:27:10 PM
The process is the same as if your acquiring a new firearm. Minus her paying you for it.

So if its a long gun, its easy. Just go down to register it under her name as long as she has a valid long gun permit.

If its a pistol, get a PTA appointment. She needs to bring her pistol class/ hunters ed class affidavit. Bring your copy of the pistol registration thing(the paper that HPD gives you when your done registering it) and wait that 2 weeks. Pick it up on that 14th day, id bring the pistol with you just incase they can squeeze you in for a registration appt.

If your doing a joint ownership, then i have no clue haha. Im classified as single.

Title: Re: Transfer Gun
Post by: changemyoil66 on August 10, 2021, 08:07:15 PM
Pistol or rifle?

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Title: Re: Transfer Gun
Post by: DEROS on August 10, 2021, 08:08:44 PM
Pistol.


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Title: Re: Transfer Gun
Post by: changemyoil66 on August 10, 2021, 09:09:46 PM
If u trans the pistol to just her name, u can never take it to the range without her per HI law. Or use for self defense if she isnt home.

My wife is joint in all our handguns.

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Title: Re: Transfer Gun
Post by: DEROS on August 10, 2021, 10:41:26 PM
Interesting.  Joint ownership.  I wonder if there is joint liability.  What happens if one person loses the right to own a gun?  Does the other person lose their right to own?

Anyway what is the process for joint?


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Title: Re: Transfer Gun
Post by: changemyoil66 on August 11, 2021, 07:29:07 AM
Interesting.  Joint ownership.  I wonder if there is joint liability.  What happens if one person loses the right to own a gun?  Does the other person lose their right to own?

Anyway what is the process for joint?


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The name gets removed, unless there is a federal law about same household of a barred person.

Go to hpd and have wife apply for PTA like normal. Need to know gun info.  Once approved, go back with her with gun to reg. U will get 2 separate reg papers, each has individual names on them. Not 1 paper with 2 names on it. Shows hpd has no real process for joint ownership.

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Title: Re: Transfer Gun
Post by: aieahound on August 11, 2021, 09:00:53 AM
Half mine are joint registered.
The ones she likes and would use.
Now just waiting for my daughter to turn 21 in a month.
Gotta transfer her an AR before any silliness happens.
Title: Re: Transfer Gun
Post by: drck1000 on August 11, 2021, 09:12:21 AM
Interesting.  Joint ownership.  I wonder if there is joint liability.  What happens if one person loses the right to own a gun?  Does the other person lose their right to own?

Anyway what is the process for joint?


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Buy gun(s) for her too!  Easy solution! 

So. . . whaddya getting her?   ;D

J/K.  Those are some good questions.  Was wondering about that myself.  I've read where folks tried to do things via setting up estates, but not in Hawaii, with our crappy gun laws.   :(
Title: Re: Transfer Gun
Post by: changemyoil66 on August 11, 2021, 09:26:05 AM
Here's the HRS for lending firearms.

https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0004.htm

Rifles/shotty's are ok. Handguns no.
Title: Re: Transfer Gun
Post by: drck1000 on August 11, 2021, 09:30:27 AM
Here's the HRS for lending firearms.

https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0004.htm

Rifles/shotty's are ok. Handguns no.
I like borrow your AR.  In 14 day windows of course. . .  :geekdanc:
Title: Re: Transfer Gun
Post by: Eric808 on August 11, 2021, 09:32:43 AM
I had to also bring our marriage certificate (can order a copy on-line, recommend getting more copies ,$4per additional copy) to her PTA appointment for the joint registration.  She had to pick up the PTA, since it is in her name.  At the registration appointment, we both have to be there and a new registration for each owner is generated, signed, and printed.
Title: Re: Transfer Gun
Post by: changemyoil66 on August 11, 2021, 09:43:51 AM
I had to also bring our marriage certificate (can order a copy on-line, recommend getting more copies ,$4per additional copy) to her PTA appointment for the joint registration.  She had to pick up the PTA, since it is in her name.  At the registration appointment, we both have to be there and a new registration for each owner is generated, signed, and printed.

This is another issue that no one challenged yet. The HRS doesn't state only spouse is allowed to be joint. But everyone is told only spouses can be on by HPD.
Title: Re: Transfer Gun
Post by: Flapp_Jackson on August 11, 2021, 01:49:11 PM
This is another issue that no one challenged yet. The HRS doesn't state only spouse is allowed to be joint. But everyone is told only spouses can be on by HPD.

I think part of the issue there is the assumption that firearm registration indicates ownership.

In reality, the name/s on a registration isn't a guarantee of who owns the firearms.

When you pay a dealer for a firearm, you are the legal owner of that property.  However, it can take months before you can legally take possession of a firearm.  Until then, you are still the owner WITHOUT the existence of a state-filed registration.

When you register someone else  on your firearm, there is an assumption that you both own the firearm equally.  But, if I put my buddy's name on the form just so he can borrow it now and then, he has no legal claim to my property unless I give him a separate paper saying he and I are joint owners.

Limiting the joint registrations to spouses is one way of making sure the people on the registration form can be assumed to be joint owners.  States have joint property laws for spouses that avoid problems trying to establish ownership.

That's my guess.  Logic rarely applies to HPD's policies.
Title: Re: Transfer Gun
Post by: aieahound on August 11, 2021, 03:15:39 PM
Can I sell my hypothetical Roomate or cousin half my pistol ?
I think I can.
Or pay half for the pistol we’re buying ?
And then joint register
Title: Re: Transfer Gun
Post by: blastoff747 on August 12, 2021, 12:22:23 AM
Half mine are joint registered.
The ones she likes and would use.
Now just waiting for my daughter to turn 21 in a month.
Gotta transfer her an AR before any silliness happens.

isn't it 18 for long guns?

Unless you're gifting it for her birthday
Then good papa :thumbsup:
Title: Re: Transfer Gun
Post by: Flapp_Jackson on August 12, 2021, 12:35:03 AM
isn't it 18 for long guns?

Unless you're gifting it for her birthday
Then good papa :thumbsup:

That's one of the inconsistencies in the law.  You have to be 18+ to have a rifle or shotgun transferred to you, but you must also be 21 to apply for a Permit to Acquire.

Can't do a legal transfer without a valid PTA, so 21 is the defacto age limit.
Title: Re: Transfer Gun
Post by: DEROS on August 12, 2021, 05:49:44 PM
That's one of the inconsistencies in the law.  You have to be 18+ to have a rifle or shotgun transferred to you, but you must also be 21 to apply for a Permit to Acquire.

Can't do a legal transfer without a valid PTA, so 21 is the defacto age limit.
This could be for the military personnel.  They don’t need a PTA if they are just registering there rifle. I.e young 18-20 yrs old, stationed in Hawaii, coming from a State that doesn’t impose a stricter law than the federal law.


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Title: Re: Transfer Gun
Post by: Flapp_Jackson on August 13, 2021, 12:57:11 AM
This could be for the military personnel.  They don’t need a PTA if they are just registering there rifle. I.e young 18-20 yrs old, stationed in Hawaii, coming from a State that doesn’t impose a stricter law than the federal law.

That's not accurate.  The 18 yr age limit is for transfers, not for registrations.

Quote
§134-4  Transfer, possession of firearms.  (a)  No transfer of any rifle having a barrel length
of sixteen inches or over or any shotgun having a barrel length of eighteen inches or over,
whether usable or unusable, serviceable or unserviceable, modern or antique, registered
under prior law or by a prior owner, or unregistered shall be made to any person under the
age of eighteen years, except as provided by section 134-5.
https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0004.htm

Obviously that applies to long guns only.

Then there's this little age limit most people never read about:

Quote
No person who is less than twenty-five years old and has been adjudicated by the
family court to have committed a felony, two or more crimes of violence, or an illegal
sale of any drug shall own, possess or control any firearm or ammunition therefor.