2aHawaii

General Topics => Legal and Activism => Topic started by: onfloat on May 01, 2013, 08:48:20 PM

Title: 20 Year old bringing her personally owned firearm to the state when she moves.
Post by: onfloat on May 01, 2013, 08:48:20 PM
So my 20 year old daughter has been living on the mainland for the last 2 years. She legally bought herself a rifle while living in the Freedom loving state of Az. Now she has decided she wants to come back to Hawaii. I called the Honolulu PD firearms unit o find out how she was supposed to go about it because a person has to be 21 to get a permit to acquire a firearm in this state. The guy on the phone tells me she won't be able to register the firearm she already owns, because she's not 21. Hawaii may have a star on the flag, but I'm becoming convinced that the state is not a part of the United States!   :wtf:
Title: Re: 20 Year old bringing her personally owned firearm to the state when she moves.
Post by: Dolomite on May 01, 2013, 08:49:57 PM
can't she bring it back and you register it under your name as an out of state registration?
Title: Re: 20 Year old bringing her personally owned firearm to the state when she moves.
Post by: moosed on May 01, 2013, 08:54:58 PM
So my 20 year old daughter has been living on the mainland for the last 2 years. She legally bought herself a rifle while living in the Freedom loving state of Az. Now she has decided she wants to come back to Hawaii. I called the Honolulu PD firearms unit o find out how she was supposed to go about it because a person has to be 21 to get a permit to acquire a firearm in this state. The guy on the phone tells me she won't be able to register the firearm she already owns, because she's not 21. Hawaii may have a star on the flag, but I'm becoming convinced that the state is not a part of the United States!   :wtf:

I don't know where you got that information.  The age requirement in Hawaii for owning long guns is 18.     :wtf:    It's 21 for handguns.

Quote
     ยง134-4  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.
Title: Re: 20 Year old bringing her personally owned firearm to the state when she moves.
Post by: onfloat on May 01, 2013, 08:58:45 PM
I don't know where you got that information.  The age requirement in Hawaii for owning long guns is 18.     :wtf:    It's 21 for handguns.

From the guy at HPD Firearms registration. >:(
Title: Re: 20 Year old bringing her personally owned firearm to the state when she moves.
Post by: moosed on May 01, 2013, 09:00:50 PM
From the guy at HPD Firearms registration. >:(

Did you specify it was a rifle?  Or did you ask about firearms permit in general?  Either way, maybe he made a mistake. 
Title: Re: 20 Year old bringing her personally owned firearm to the state when she moves.
Post by: onfloat on May 01, 2013, 09:03:22 PM
Yes, I made sure that only used the word rifle and not firearm. It's great that he made a mistake, but that does me no good since he's the guy that I have to submit the paperwork to. He told me that she would have to transfer the firearm to me, which is a load of crap, she's the legal owner.
Title: Re: 20 Year old bringing her personally owned firearm to the state when she moves.
Post by: Funtimes on May 01, 2013, 09:16:51 PM
Moosed,

My understanding of transfer is a transfer of ownership, which requires a permit.  I would say take a look at B under the 134 subsection and look at 134-2, and then look specifically where an individual can be loaned a firearm.

We have known about this for a while, but NRA stupidly (and without success), has decided to challenge some shit in the weeds instead of going to a place where it is a total ban.
Title: Re: 20 Year old bringing her personally owned firearm to the state when she moves.
Post by: moosed on May 01, 2013, 09:27:27 PM
Moosed,

My understanding of transfer is a transfer of ownership, which requires a permit.  I would say take a look at B under the 134 subsection and look at 134-2, and then look specifically where an individual can be loaned a firearm.

We have known about this for a while, but NRA stupidly (and without success), has decided to challenge some shit in the weeds instead of going to a place where it is a total ban.

Then the law is inconsistent.  How can someone 18-21 be transferred ownership of a firearm if the permit to acquire requires they be 21?  Where the law disagrees or is ambiguous, the ruling usually is in the favor of the citizen.
Title: Re: 20 Year old bringing her personally owned firearm to the state when she moves.
Post by: Funtimes on May 01, 2013, 09:30:02 PM
Then the law is inconsistent.  How can someone 18-21 be transferred ownership of a firearm if the permit to acquire requires they be 21?  Where the law disagrees or is ambiguous, the ruling usually is in the favor of the citizen government.

Sorry. Last time I checked you were in Hawaii.  :rofl:
Title: Re: 20 Year old bringing her personally owned firearm to the state when she moves.
Post by: moosed on May 01, 2013, 09:39:01 PM
Sorry. Last time I checked you were in Hawaii.  :rofl:

So, if a person legally acquires a firearm out of state and brings it here, they have 72 hours to register it.  Will the owner be required to submit an application for a PERMIT TO ACQUIRE, even though they already own it?  Or does HPD go ahead and register the rifle under your name without the background check, fingerprinting, etc. (for now ... as the new background check law is not yet implemented)??  I know out-of-state transfers require they do a records check on the FIREARM, but I didn't think the person had to go through the Permit to Acquire BS.  Like you said .... transfer = change of ownership; registration = issuing a registration permit.
Title: Re: 20 Year old bringing her personally owned firearm to the state when she moves.
Post by: JHanawahine on May 01, 2013, 10:47:07 PM
must be registered by current gun owner in hawaii before transfering..just went threw this myself
Title: Re: 20 Year old bringing her personally owned firearm to the state when she moves.
Post by: Old Guy on May 01, 2013, 11:08:06 PM
Tell her to stay where she is until she become 21.

Then it doesn't matter.
Title: Re: 20 Year old bringing her personally owned firearm to the state when she moves.
Post by: Funtimes on May 02, 2013, 03:48:46 AM
So, if a person legally acquires a firearm out of state and brings it here, they have 72 hours to register it.  Will the owner be required to submit an application for a PERMIT TO ACQUIRE, even though they already own it?  Or does HPD go ahead and register the rifle under your name without the background check, fingerprinting, etc. (for now ... as the new background check law is not yet implemented)??  I know out-of-state transfers require they do a records check on the FIREARM, but I didn't think the person had to go through the Permit to Acquire BS.  Like you said .... transfer = change of ownership; registration = issuing a registration permit.

You are not incorrect in reading what the law says.  The 'new' background check law has nothing to do with what HPD does, as they really already did it (Run you through NICS + take fingerprints). Really, the only difference in the new law is you get charged for that first set of prints lol.

If you want to get some fun thoughts going, think about how the word pistol would interact in the same scope for this situation and 134-4 (i.e. what's missing from it).

A minor can be given a handgun in another state by anyone (non-ffl), they could bring it here, but now... what prohibits them from registering?
Title: Re: 20 Year old bringing her personally owned firearm to the state when she moves.
Post by: Cougar8045 on May 02, 2013, 07:22:10 AM
Tell her to stay where she is until she become 21 the hell out of Hawaii.

Then it doesn't matter.
;D
Title: Re: 20 Year old bringing her personally owned firearm to the state when she moves.
Post by: GZire on May 02, 2013, 10:55:24 AM
From the guy at HPD Firearms registration. >:(


Brother some of those guys have no idea what they are talking about.  I've been in YG before when they called Martha to ask her a question. :wacko: