2aHawaii

General Topics => General Discussion => Topic started by: chucke25 on February 27, 2013, 07:41:26 PM

Title: Can I apply for a permit before a handgun arrives in Oahu?
Post by: chucke25 on February 27, 2013, 07:41:26 PM
     I Just wanted to know if this was legal.  I'm getting a handgun from a private seller in the US.  Since I know the make, model, calibur, and serial number can I apply for a permit before it gets here.  This way when the handgun arrives at my FFL I only have to wait a week or so to pick up my permit.

Thanks in advance,
Chucke
Title: Re: Can I apply for a permit before a handgun arrives in Oahu?
Post by: bass monkey on February 27, 2013, 07:42:45 PM
Should be fine and will cut down the amount of time you will have to wait.
Title: Re: Can I apply for a permit before a handgun arrives in Oahu?
Post by: SpeedTek on February 27, 2013, 08:19:16 PM
The local FFL has to notify HPD of the guns arrival by fax.

then you can apply for the permit.  If its not in their system then oops!

So the answer is NO.


Title: Re: Can I apply for a permit before a handgun arrives in Oahu?
Post by: Tom_G on February 27, 2013, 08:47:07 PM
I have done it before, no problem. Did it with my RIA 1911 which was ordered by a local friend with a FFL, and did it again with a Browning handgun I bought via GunBroker. In both cases, I had the permit waiting at HPD by the time the gun reached the island.
Title: Re: Can I apply for a permit before a handgun arrives in Oahu?
Post by: DuckFat on February 27, 2013, 11:39:17 PM
The local FFL has to notify HPD of the guns arrival by fax.

then you can apply for the permit.  If its not in their system then oops!

So the answer is NO.
I have done it before, no problem. Did it with my RIA 1911 which was ordered by a local friend with a FFL, and did it again with a Browning handgun I bought via GunBroker. In both cases, I had the permit waiting at HPD by the time the gun reached the island.
So which is it? Perhaps the FFL can notify HPD that it will be coming?
Title: Re: Can I apply for a permit before a handgun arrives in Oahu?
Post by: SpeedTek on February 27, 2013, 11:45:11 PM
I asked Suzy at HPD and she told me the gun has to be in Hawaii first.  That means it would have to be written in the FFL log book. 

But I guess you could bet away with it.  But I would not mess with HPD or the ATF like that.

The only problem I also see is if the FFL faxes in the serial number to HPD and the one that comes is different they get pretty ticked off.
Title: Re: Can I apply for a permit before a handgun arrives in Oahu?
Post by: macsak on February 28, 2013, 06:05:56 AM
yeah, not sure you want to incur the wrath of the feds or hpd like that just to save a few days

and don't think that the people behind the window don't remember who you are
i've told the story before-
i asked about how to transfer my late father's revolver to my possession/registration
months later when i went back to register another firearm, the hpd guy asked me, "did you ever take care of your father's gun?"

I asked Suzy at HPD and she told me the gun has to be in Hawaii first.  That means it would have to be written in the FFL log book. 

But I guess you could bet away with it.  But I would not mess with HPD or the ATF like that.

The only problem I also see is if the FFL faxes in the serial number to HPD and the one that comes is different they get pretty ticked off.
Title: Re: Can I apply for a permit before a handgun arrives in Oahu?
Post by: Hi state on February 28, 2013, 06:10:34 AM
The local FFL has to notify HPD of the guns arrival by fax.

then you can apply for the permit.  If its not in their system then oops!

So the answer is NO.
This is true and your not supposed to apply till the firearm comes in but I think with all the overwhelming amount of people reg. firearms hpd hasn't been checking their system so people have been getting away with applying for a permit before the pistol comes in to the ffl
Title: Re: Can I apply for a permit before a handgun arrives in Oahu?
Post by: Tom_G on February 28, 2013, 07:47:39 AM
I asked Suzy at HPD and she told me the gun has to be in Hawaii first.  That means it would have to be written in the FFL log book. 

But I guess you could bet away with it.  But I would not mess with HPD or the ATF like that.


Huh.  I certainly never set out to "get away with" anything.  Just followed the instructions from two separate local FFLs.  This has been, oh, probably 6 years since the more recent of the two, so well before the unreasonable lines were an issue.
Title: Re: Can I apply for a permit before a handgun arrives in Oahu?
Post by: bass monkey on February 28, 2013, 08:00:27 AM
This is true and your not supposed to apply till the firearm comes in but I think with all the overwhelming amount of people reg. firearms hpd hasn't been checking their system so people have been getting away with applying for a permit before the pistol comes in to the ffl

That's interesting. I would figure you could get the permit already because your the owner, your just using a FFL to ship it/ bring it in.
Quite similar to special ordering from a local shop, then applying for the permit while it gets shipper etc.  I dunno. Could be different though.
Title: Re: Can I apply for a permit before a handgun arrives in Oahu?
Post by: buckjay on February 28, 2013, 08:28:08 AM
If you have the serial number, make, model, barrel length, etc I see absolutely no issue with applying for your permit while its in route (and you've paid for it.. basically its already yours).
Title: Re: Can I apply for a permit before a handgun arrives in Oahu?
Post by: GZire on February 28, 2013, 06:35:07 PM
If you have the serial number, make, model, barrel length, etc I see absolutely no issue with applying for your permit while its in route (and you've paid for it.. basically its already yours).


.......because if it's not in the state it shouldn't be registered as being in the state.  Say that thing gets lost/stolen en route and is used and recovered in a crime.  I see bad stuff happening to the FFL and the legal owner of the firearm.
Title: Re: Can I apply for a permit before a handgun arrives in Oahu?
Post by: 1911 on February 28, 2013, 06:54:40 PM

.......because if it's not in the state it shouldn't be registered as being in the state.  Say that thing gets lost/stolen en route and is used and recovered in a crime.  I see bad stuff happening to the FFL and the legal owner of the firearm.

Good Point.
Never thought of that.   :thumbsup:
Title: Yes, it's legal
Post by: Colt808 on March 01, 2013, 12:31:41 AM
     I Just wanted to know if this was legal.  I'm getting a handgun from a private seller in the US.  Since I know the make, model, calibur, and serial number can I apply for a permit before it gets here.  This way when the handgun arrives at my FFL I only have to wait a week or so to pick up my permit.

Thanks in advance,
Chucke
It's a simple question. So don't let personal opinions or hypotheticals cause confusion...the simple answer is: YES, it is legal.

-->Federal law requires you to go through an FFL for an interstate transfer and HRS 134 requires the 14-day permit to acquire process and registration. That's it.

If you have the serial number, make, model, barrel length, etc I see absolutely no issue with applying for your permit while its in route (and you've paid for it.. basically its already yours).
Correct!  That's all that is required to initiate the permit/registraion process. Like Tom_G, I've done it several times over the years (as recently as last month) and have never had a problem. It has nothing to do with trying to pull as "fast one" or "getting away" with something. All that is just pure B.S., there is NO law or administrative ruling (HRS/HAR) requiring a firearm to be physically in the state for you to start the process. As for asking whoever at whereever? Well, so-and-so's interpretation means nothing when you're following what required under the letter of the law.

*Just make sure you get the all the information especially serial number correct. I always ask for a picture so there's no mistakes.
Title: Re: Can I apply for a permit before a handgun arrives in Oahu?
Post by: 2aHawaii on March 01, 2013, 04:46:28 AM

.......because if it's not in the state it shouldn't be registered as being in the state.  Say that thing gets lost/stolen en route and is used and recovered in a crime.  I see bad stuff happening to the FFL and the legal owner of the firearm.

I think you are confused, and for a good reason. The state makes these things confusing.

You have two things you are need to have a legally registered handgun in the State of Hawaii. A Permit to Acquire and Registration. The thing we are interested in is the Permit to Acquire. There is no legal binding that you WILL have the firearm if you get one. So there should be no reason for you to have to wait to apply for your Permit to Acquire. That's all there is to it.
Title: Re: Can I apply for a permit before a handgun arrives in Oahu?
Post by: GZire on March 01, 2013, 12:36:43 PM
I think you are confused, and for a good reason. The state makes these things confusing.

You have two things you are need to have a legally registered handgun in the State of Hawaii. A Permit to Acquire and Registration. The thing we are interested in is the Permit to Acquire. There is no legal binding that you WILL have the firearm if you get one. So there should be no reason for you to have to wait to apply for your Permit to Acquire. That's all there is to it.

Good point.