2aHawaii
General Topics => General Discussion => Topic started by: rookie on May 29, 2013, 06:21:00 AM
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I never sold or did a firearm transfer , what are the procedures and laws do we need to follow in Hawaii? All info is greatly appreciated
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I never sold or did a firearm transfer , what are the procedures and laws do we need to follow in Hawaii? All info is greatly appreciated
Long guns: All you need to do is check for a valid permit and verify ID.
Handguns: Give the firearm info to the buyer. Wait 2 weeks then verify permit info and ID when the buyer returns.
You don't have to be there, but if you choose to, you can meet the buyer at HPD and do the transfer together. Personally, I sometimes do it for handguns because it expedites things.
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Long guns: All you need to do is check for a valid permit and verify ID.
Handguns: Give the firearm info to the buyer. Wait 2 weeks then verify permit info and ID when the buyer returns.
You don't have to be there, but if you choose to, you can meet the buyer at HPD and do the transfer together. Personally, I sometimes do it for handguns because it expedites things.
Greatly appreciated and thanks for the speedy response
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if you dont go to HPD with the buyer,
is there a paper that you give to HPD to notify them that the transaction was finalized
and you no longer posess the gun?
or is your responsability fulfilled at this point and its up to the buyer to take it to HPD to register.
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if you dont go to HPD with the buyer,
is there a paper that you give to HPD to notify them that the transaction was finalized
and you no longer posess the gun?
or is your responsability fulfilled at this point and its up to the buyer to take it to HPD to register.
I'd recommend, even though it's a pain in the ass, to be present at HPD for the transfer and sign off on the paperwork, and then follow up in a few weeks with HPD to verify, it has in fact been transfered to the new owner and that you are no longer the registered owner. If not, just like selling out of state to a private citizen, you can send HPD in writing (registered mail) all the info (i.e., gun info, who transferred to, buyers address & contract info, date, etc), and then do a follow up. It's kinda on the seller if they care enough to make sure everything is documented well. At a minimum, I'd make sure HPD has officially documented that you are no longer the registered owner. For me, I document every firearm transaction I have made real well, whether buying or selling.
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In all cases where a pistol or revolver is acquired from another person within the State, the permit shall be signed in ink by the person to whom title to the pistol or revolver is transferred and shall be delivered to the person who is transferring title to the firearm, who shall verify that the person to whom the firearm is to be transferred is the person named in the permit and enter on the permit in the space provided the following information: name of the person to whom the title to the firearm was transferred; names of the manufacturer and importer; model; type of action; caliber or gauge; and serial number as applicable. The person who is transferring title to the firearm shall sign the permit in ink and cause the permit to be delivered or sent by registered mail to the issuing authority within forty-eight hours after transferring the firearm.
In all cases where a rifle or shotgun is acquired from another person within the State, the person who is transferring title to the rifle or shotgun shall submit, within forty-eight hours after transferring the firearm, to the authority which issued the permit to acquire, the following information, in writing: name of the person who transferred the firearm, name of the person to whom the title to the firearm was transferred; names of the manufacturer and importer; model; type of action; caliber or gauge; and serial number as applicable.
Regardless if pistol or long gun, the SELLER has 48 hours to notify the department that issued the permit to acquire the transfer has taken place. Showing up at the same time to pick up the permit to acquire (if not already in hand, re: long guns) and register the gun is just a convenient way to do everything at once. It also makes transferring the firearm less of a risk, as there are only a few public places to which you can legally transport a firearm. The police department is one of them.
http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0002.htm (http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0002.htm)
:geekdanc:
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Regardless if pistol or long gun, the SELLER has 48 hours to notify the department that issued the permit to acquire the transfer has taken place. Showing up at the same time to pick up the permit to acquire (if not already in hand, re: long guns) and register the gun is just a convenient way to do everything at once. It also makes transferring the firearm less of a risk, as there are only a few public places to which you can legally transport a firearm. The police department is one of them.
http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0002.htm (http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0002.htm)
:geekdanc:
That's one way to read it...but as with most HRS 134, parts are so poorly written/worded that people try to interpret the who and what of it all. The "person who is transferring title" can be read as transferor or transferee. Try inserting either of the better and more definitive words in place of the quoted part, then it can go either way.
I completely understand some wanting to err on the side of caution, but doing a transfer in person and notification by seller is not required. Here's a quick break down...
Both sections begin with:
In all cases where a ..... is acquired from another person...
That unquestionably refers to the buyer and so does the entire section.
Also, from the pistols and revolvers section:
The person who is transferring title to the firearm shall sign the permit in ink and cause the permit to be delivered or sent by registered mail to the issuing authority within forty-eight hours after transferring the firearm.
The seller does not take possession any permit in a transaction, so he can not be responsible for delivering it to the issuing authority.
It's not a play on words or some personal interpretation. Fact is notification of transfer is completed when the buyer registers the firearm (as required by law). There is no "unregistering" a firearm for the seller...everything you've ever owned and registered will always be on file.
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All great info , thanks to all for all the 411
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I'd recommend, even though it's a pain in the ass, to be present at HPD for the transfer and sign off on the paperwork, and then follow up in a few weeks with HPD to verify, it has in fact been transfered to the new owner and that you are no longer the registered owner. If not, just like selling out of state to a private citizen, you can send HPD in writing (registered mail) all the info (i.e., gun info, who transferred to, buyers address & contract info, date, etc), and then do a follow up. It's kinda on the seller if they care enough to make sure everything is documented well. At a minimum, I'd make sure HPD has officially documented that you are no longer the registered owner. For me, I document every firearm transaction I have made real well, whether buying or selling.
thanks.
that will help me sleep better at night too, knowing everything is taken care of.