2aHawaii
General Topics => Legal and Activism => Topic started by: kekoa on March 25, 2013, 06:31:14 PM
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Hi this posted in the introduce your self section and a fellow 2aHawaii member suggested I create a new thread in the legal section so here goes.
Aloha 2a Hawaii I am a new member and relatively new to fire arms. I want to get a hand gun for home defense. I have arrangements to attend a handgun safety/intro course as required. I have a question. I got into a little bit of trouble a few years back. The final disposition of my case was assault 3, a misdemeanor, with a deferred acceptance of guilt. Thus my charge will be expunged from my record. Can I still acquire a handgun or any gun for that matter?
Hope to be able to continue with 2aHawaii, we will see.
Mahalo in advance for whatever advice and input anyone may have for me.
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Ineligibility
Persons are not eligible to own or possess a firearm or ammunition if:
- They are a fugitive from justice.
- They are under indictment, have waived indictment or have been bound over to the circuit court for a felony, any crime of violence or illegal sale of any drug.
- Have been convicted of a felony, any crime of violence or illegal sale of any drug.
- Are or have been under treatment or counseling for addiction to or abuse of any dangerous, harmful or detrimental drug or alcohol.
- Have been acquitted of a crime on the grounds of mental disease or mental disorder.
- Have been diagnosed as having a significant behavioral, emotional or mental disorder or for treatment for organic brain syndromes.
- Are younger than 25 and have been adjudicated by the family court to have committed a felony, two or more crimes of violence or an illegal sale of any drug.
- Have been restrained by court order from contacting, threatening or physically abusing another person.
I'm not a lawyer. That's from the HPD webpage. It boils down the HRS 134 ineligibility criteria pretty well.
If the areas in red sound like your situation, I would at least contact HPD firearms section to see if your specific case would disqualify you for a firearm permit. It never hurts to ask before going through the hassle of shopping and buying and THEN finding out you're ineligible!
Aloha! :shaka:
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The best thing to do would be to call HPD and ask.
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Expunged means expunged. If your "little bit of trouble" has actually been expunged, then you are good to go.
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he said, "will be" not, "has been" expunged
it's funny the in the HRS they specify felony, but then say "crime of violence"
Expunged means expunged. If your "little bit of trouble" has actually been expunged, then you are good to go.
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Hi this posted in the introduce your self section and a fellow 2aHawaii member suggested I create a new thread in the legal section so here goes.
Aloha 2a Hawaii I am a new member and relatively new to fire arms. I want to get a hand gun for home defense. I have arrangements to attend a handgun safety/intro course as required. I have a question. I got into a little bit of trouble a few years back. The final disposition of my case was assault 3, a misdemeanor, with a deferred acceptance of guilt. Thus my charge will be expunged from my record. Can I still acquire a handgun or any gun for that matter?
Hope to be able to continue with 2aHawaii, we will see.
Mahalo in advance for whatever advice and input anyone may have for me.
A deferred acceptance of guilt sentence usually comes with terms you must complete (anger management, counseling, etc.). If you have, then it wouldn't have been entered as a conviction in the system. Your arrest records will be there, but that doesn't necessarily disqualify you. My suggestion would be to apply for a permit to acquire (long gun/shotgun) first. If that goes through then you're clear. If not, then save the trouble of taking the safety course until after you get things sorted.
Also, you need to know that your records are not always expunged automatically. Usually an appearance in court or form has to be submitted first.
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Hey thanks guys for all your opine and factual information. I did contact KPD fire arms registration (I am from Kauai by the way) and they said there is a maybe yes, maybe no chance it depends on what the courts have to say about the issue. I sure hope that I can be eligible but I can understand the PD's and state concerns for public safety. Some 'mistakes' can haunt you for life.