2aHawaii
General Topics => General Discussion => Topic started by: tim808 on February 02, 2022, 10:41:39 PM
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Update: My kids now plan to move home.
I still have to do a little more reading….
I’m looking at gifting firearms to my kids when they come to visit and have them transport it home and register it in their state. One is in Connecticut, one in Washington state. The laws in Connecticut are really strict…..worser than Hawaii
Or bringing it up when I visit…..
I’ll also talk to Suzy at HPD
I’ll also have the kids talk to their police departments
If it is a pain, I’ll just give them money to buy toys
Anyone ever transferred stuff to family on the mainland?
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What are the kids' ages?
What firearms? Long guns? AR-15? Handguns?
WA passed a background check law requiring private transfers/sales go though an FFL. However, one of the exceptions is between family members for gifts and loaning:
(4) This section does not apply to:
(a) A transfer between immediate family members, which for this subsection shall be limited to spouses, domestic partners, parents, parents-in-law, children, siblings, siblings-in-law, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles, that is a bona fide gift or loan;
:
https://app.leg.wa.gov/rcw/default.aspx?cite=9.41.113
Out-of-state transfers need to conform with federal law. Generally, all private firearm transfers where the parties are residents of 2 different states must first transfer the firearm to an FFL in the transferee's state.
https://app.leg.wa.gov/rcw/default.aspx?cite=9.41.122
Connecticut has a bunch of laws to read through. First one I see is:
Effective April 1, 2014, per CGS Sec. 29-37a(c), no person may purchase or receive any long gun unless such person holds a valid long gun eligibility certificate issued pursuant to section 29-37p, a valid permit to carry a pistol or revolver issued pursuant to subsection 9 (b) of section 29-28, a valid permit to sell at retail a pistol or revolver issued pursuant to subsection (2) of section 29-28 or a valid eligibility certificate for a pistol or revolver issued pursuant to section 29-36f.
No such sale, delivery or other transfer of any long gun shall be made until the person, firm or corporation making such sale, delivery or transfer has insured that such application has been completed properly and has obtained an authorization number from the Commissioner of Emergency Services and Public Protection for such sale, delivery or transfer. This sale authorization number can be obtained by calling (860) 685-8400 or by calling Toll Free (888) 335-8438. In addition to the above, the seller may not sell to anyone under 18 years of age, or to anyone the seller knows is prohibited from possessing firearms.
The same federal rules should apply to transferring to an FFL who then transfers to your kid.
https://portal.ct.gov/DESPP/Division-of-State-Police/Special-Licensing-and-Firearms/Firearms
Since you have to find a trustworthy and reasonably-priced FFL anyway, why not talk to each in both of those states to get the no-kidding scoop?
Good luck!
:shaka: :geekdanc:
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Washington - if they want it, a Glock and an AR
Connecticut - a Glock. I think AR’s and semi shotguns may be banned.
Thanks for the federal info when the parties are residents of different states. I’ll have them look around for an FFL and get whatever is needed to own a firearm
Thanks Flapp!
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We may move up sooner than we planned. It also now looks like both of my kids will be in WA. So all of us may be residents of Washington when we gift the firearms.
So the WA laws say no FFL needed to transfer arms to family. Is there no Federal law or anything else I would need to do or at least notify?
Living in Hawaii, I’m so conditioned with going thru HPD multiple times for a firearm that the idea of just “giving” a firearm to my kids with no paperwork seems so strange. I feel like I must have missed something.
The other thing that is sort of mind blowing is that I don’t have to register my firearms when I move to WA. Again, I feel like I must have missed something.
No income tax either :-) I know, I know…. Property taxes and GET…..only thing certain is death and taxes.
I guess I can somewhat relate to how people feel when they move from a no guns country to the US and see a store with racks of firearms on the walls. Shock and disbelief.
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We may move up sooner than we planned. It also now looks like both of my kids will be in WA. So all of us may be residents of Washington when we gift the firearms.
So the WA laws say no FFL needed to transfer arms to family. Is there no Federal law or anything else I would need to do or at least notify?
Living in Hawaii, I’m so conditioned with going thru HPD multiple times for a firearm that the idea of just “giving” a firearm to my kids with no paperwork seems so strange. I feel like I must have missed something.
The other thing that is sort of mind blowing is that I don’t have to register my firearms when I move to WA. Again, I feel like I must have missed something.
No income tax either :-) I know, I know…. Property taxes and GET…..only thing certain is death and taxes.
I guess I can somewhat relate to how people feel when they move from a no guns country to the US and see a store with racks of firearms on the walls. Shock and disbelief.
The key is in the wording. If you gift the firearm while they are in HI, they will need to obey HI law. Permit to acquire and handgun class required. But if ownership is transferred when you're in WA, then obey WA and federal laws.
Also don't forget if you never intent to return to HI as a resident, you must inform HPD of any guns leaving the state.
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We may move up sooner than we planned. It also now looks like both of my kids will be in WA. So all of us may be residents of Washington when we gift the firearms.
So the WA laws say no FFL needed to transfer arms to family. Is there no Federal law or anything else I would need to do or at least notify?
Living in Hawaii, I’m so conditioned with going thru HPD multiple times for a firearm that the idea of just “giving” a firearm to my kids with no paperwork seems so strange. I feel like I must have missed something.
The other thing that is sort of mind blowing is that I don’t have to register my firearms when I move to WA. Again, I feel like I must have missed something.
No income tax either :-) I know, I know…. Property taxes and GET…..only thing certain is death and taxes.
I guess I can somewhat relate to how people feel when they move from a no guns country to the US and see a store with racks of firearms on the walls. Shock and disbelief.
https://app.leg.wa.gov/rcw/default.aspx?cite=9.41.1135
Universal Background Checks for ALL transfers. I don't know if the system is in place, but you have until 30 days after it is in place to do a transfer without this restriction.
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Double check the laws, or laws recently passed but have yet to take effect. Will likely make reconsider your grass is greener outlook.
I am not up to speed on the latest, but still keep in touch with many college and work friends from Seattle and surrounding counties. My understanding things are not trending well in terms of 2a. macsak probably has more details. . .
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Good source of info and training on WA Gun Laws:
https://www.washingtongunlaw.com/videos
https://youtu.be/HLX0nON67qU
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nope, sorry
Double check the laws, or laws recently passed but have yet to take effect. Will likely make reconsider your grass is greener outlook.
I am not up to speed on the latest, but still keep in touch with many college and work friends from Seattle and surrounding counties. My understanding things are not trending well in terms of 2a. macsak probably has more details. . .
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Thanks everyone one!
Flapp - okay now that feels some what more “normal”. I guess that family transfers loophole for residents has rode off into the sunset. Thanks for the video links.
Drck - Your right. 2a has taken a big hit in WA. I read a group will be challenging the new laws. If the laws are overturned (which I suspect/feel won’t happen) and we’re still in Hawaii, I’ll transfer all my ar lowers to the kids via an FFL - probably when we visit.
If the laws don’t change, I’ll just sell off the ar’s locally. Luckily I’m not too attached. Hate cleaning them - so pretty much never use them. So I mostly just fondle them just like my sicko co-worker (who is probably reading this :-) )
Will probably pick up mini 14’s if ar’s are banned. Actually, I may have my kid order one now before they too are banned. Same for the other kid when they move to WA from Connecticut
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I still have to do a little more reading….
I’m looking at gifting firearms to my kids when they come to visit and have them transport it home and register it in their state. One is in Connecticut, one in Washington state. The laws in Connecticut are really strict…..worser than Hawaii
Or bringing it up when I visit…..
I’ll also talk to Suzy at HPD
I’ll also have the kids talk to their police departments
If it is a pain, I’ll just give them money to buy toys
Anyone ever transferred stuff to family on the mainland?
tim808 did you find out more on this? My brother is coming from Washington to visit on Oahu and I wanted to give him a pistol to take back with him.
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Double check the laws, or laws recently passed but have yet to take effect. Will likely make reconsider your grass is greener outlook.
I am not up to speed on the latest, but still keep in touch with many college and work friends from Seattle and surrounding counties. My understanding things are not trending well in terms of 2a. macsak probably has more details. . .
I'm going to WA next week to establish legal residency in WA state. I give up on Hawaii, WA
state isn't much better but you don't have to beg to buy a gun or register them.
CCW are shall issue. All my guns are in WA state anyway so not a concern to me.
Transfers between non related people in a private transaction are more regulated now
than they used to be, but pretty much the same as when I lived there twenty three years ago
For family. it is federal law that is the problem. Flapp can correct me but you both have to be legal
residents of the same sate to transfer guns between immediate family members without
using a FFL. My nephew cannot legally give a gun to me if he is a resident in WA state
and I'm a ID resident without going through a FFL holder even if we are in the same house.
My wife will continue to be a legal resident of Hawaii and I will physically spend most my
time in my home here. But I will be a legal resident of WA state with a permanent physical address there.
I have not finished the whole process, but at least I'll be able to play with, trade, gift, and collect guns
free of the Hawaii government and their bullshit and it only costs a airplane ticket.
considering I don't buy new cars or EV's airplane tickets are very affordable.
Aloha.
:shaka:
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how many days?
I'm going to WA next week to establish legal residency in WA state. I give up on Hawaii, WA
state isn't much better but you don't have to beg to buy a gun or register them.
CCW are shall issue. All my guns are in WA state anyway so not a concern to me.
Transfers between non related people in a private transaction are more regulated now
than they used to be, but pretty much the same as when I lived there twenty three years ago
For family. it is federal law that is the problem. Flapp can correct me but you both have to be legal
residents of the same sate to transfer guns between immediate family members without
using a FFL. My nephew cannot legally give a gun to me if he is a resident in WA state
and I'm a ID resident without going through a FFL holder even if we are in the same house.
My wife will continue to be a legal resident of Hawaii and I will physically spend most my
time in my home here. But I will be a legal resident of WA state with a permanent physical address there.
I have not finished the whole process, but at least I'll be able to play with, trade, gift, and collect guns
free of the Hawaii government and their bullshit and it only costs a airplane ticket.
considering I don't buy new cars or EV's airplane tickets are very affordable.
Aloha.
:shaka:
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Nalo - see what change my oil mentioned. You can verify with HPD and/or an FFL. I’m not an sme on transfers, just trying to learn myself
Situation with my kids have changed
My kid in Connecticut is now moving back to Hawaii instead of moving to WA….her husband got offered a civilian job at Camp Smith. My other kid will probably move back to Hawaii when they are ready to start a family
So my only pressing issue is to transfer stuff to them asap when they return before ar’s are banned
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how many days?
179 days, then take a trip and then return for the next 179.
Rinse and repeat.
:thumbsup:
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Posting incase anybody else wanted to know.
I ended up just going to a lgs and had them ship the pistol to my brother's ffl in Washington. Hpd said if he's here he would have to go through the 2 week wait for a permit n all that. Easiest way have an ffl send it to their ffl and they just gotta go pick it up when he gets home.
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Posting incase anybody else wanted to know.
I ended up just going to a lgs and had them ship the pistol to my brother's ffl in Washington. Hpd said if he's here he would have to go through the 2 week wait for a permit n all that. Easiest way have an ffl send it to their ffl and they just gotta go pick it up when he gets home.
According to federal law, you would still have to use an FFL in his state to transfer. Hawaii only issues permits to state residents. It's illegal to transfer a firearm to someone who lives in another state unless you are an FFL.
If HPD said that's the ""easiest way," they need to go read federal gun laws. Maybe "if he's here" means "if he resides in the state?"
https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca
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so you spend more than 179 days a year here
got it...
179 days, then take a trip and then return for the next 179.
Rinse and repeat.
:thumbsup:
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so you spend more than 179 days a year here
got it...
Doing the <180 day thing has been done by many. Having dual residencies isn't all wonderful. Usually both states will try to claim you owe them state income taxes for the entire year. You then have to prove your residency in one state to get the other off your back. For example, they want to prevent people from claiming the state with no/low income tax is their home.
If you want to see how truck drivers deal with taxes, here are some highlights:
https://forst.tax/how-truck-driver-state-taxes-work/
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According to federal law, you would still have to use an FFL in his state to transfer. Hawaii only issues permits to state residents. It's illegal to transfer a firearm to someone who lives in another state unless you are an FFL.
If HPD said that's the ""easiest way," they need to go read federal gun laws. Maybe "if he's here" means "if he resides in the state?"
https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca
My understanding from the call was he needs to be on the island for the 14 day waiting period
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My understanding from the call was he needs to be on the island for the 14 day waiting period
Then they lied to you. As the ATF link says, if you are not an FFL, and you transfer a firearm to someone in another state, an FFL from that person's state of residence is required to perform the transfer. You ship to the FFL, the FFL follows their state law, and the FFL transfers the firearm on your behalf.
The whole purpose of the FFL system is to ensure people getting guns from out-of-state comply with their state's, as well as federal, gun laws. In Hawaii, if an FFL receives a handgun for you, they hold onto it until you present a permit to acquire. Likewise, if you sell/give a gun to someone living in another state, then their FFL would ensure whatever laws that apply there are followed.