2aHawaii

General Topics => Legal and Activism => Topic started by: gunslahdat on July 23, 2013, 10:37:39 AM

Title: Police took my gun!! Will it be returned?
Post by: gunslahdat on July 23, 2013, 10:37:39 AM
So I was target shooting at flume road on steinback in Hilo  when 3 cops rolled up on me. I made the naive mistake of not getting a hunting license prior to shooting and they confiscated my gun and now I gotta go court ! I was just wondering if anyone went through a similar situation, if so did you get your gun back and how long did it take? My offence was shooting without a hunting license I picked one up recently though. Also is there any fines I gotta pay?
Your help and info will be very appreciated. :shaka:
Title: Re: Police took my gun!! Will it be returned?
Post by: Paul96734 on July 23, 2013, 11:25:42 AM
Is this another BB gun shooting in the graveyard thread? lol  :rofl:

As to the original question, you will probably have to go to court to see if it can be returned to you.
Title: Re: Police took my gun!! Will it be returned?
Post by: aieahound on July 23, 2013, 11:32:50 AM
I have no idea.

You should ask mykdebauch. 

He had his pellet gun confiscated for shooting in a graveyard. We never heard if he got it back.

Not quite the same situation though.

And welcome to 2A.  :shaka:
Title: Re: Police took my gun!! Will it be returned?
Post by: dirtylickins on July 23, 2013, 11:47:15 AM
Imo you will ... you have aquired all the proper licenses which clears you to shoot in the the area you were in although there might be a fine but this is just my opinion.  Good luck
Title: Re: Police took my gun!! Will it be returned?
Post by: gunslahdat on July 23, 2013, 11:55:18 AM
Thanks or the input guys, I tried looking up my situation but everyone had killed an animal when caught with no license. I was jus target shooting in a hunting area. It was a 12 gauge maverick 88 not a pellet gun, My court date is today I'll let you guys know if I get it back.
Title: Re: Police took my gun!! Will it be returned?
Post by: new guy on July 23, 2013, 11:56:27 AM
.
Title: Re: Police took my gun!! Will it be returned?
Post by: Kingkeoni on July 23, 2013, 11:58:15 AM
Pray you don't get charged with a felony.

If you do, fight the felony charge or you won't ever be able to own guns again.
Title: Re: Police took my gun!! Will it be returned?
Post by: dirtylickins on July 23, 2013, 12:08:08 PM
Ahh yes ... gunslahdat consult with new guy I know for a fact he is more then qualified to advise you. New guy glad I know you.  :shaka:
Title: Re: Police took my gun!! Will it be returned?
Post by: new guy on July 23, 2013, 12:16:02 PM
.
Title: Re: Police took my gun!! Will it be returned?
Post by: gunslahdat on July 23, 2013, 12:17:59 PM
I got a citation, offense is no hunting license. This is also my first court date ever. Can I really get a felony for that??
Title: Re: Police took my gun!! Will it be returned?
Post by: gunslahdat on July 23, 2013, 12:23:36 PM
I was on flume road off stainback not by the highway you have to go quite a bit in
Title: Re: Police took my gun!! Will it be returned?
Post by: Dblnaknak on July 23, 2013, 12:24:09 PM
If you went to the hunting class you would of known that if are hunting without a license or hunting outside of a hunting area you gun will get seized and submitted for destruction. So, there is a good chance that you will not get your gun back. You're just lucky you didn't get arrested.
Title: Re: Police took my gun!! Will it be returned?
Post by: new guy on July 23, 2013, 12:24:23 PM
.
Title: Re: Police took my gun!! Will it be returned?
Post by: gunslahdat on July 23, 2013, 12:30:30 PM
Guess gota hope for the best and expect the worst, mahalo for the info guys I'll post what happens later.
You guys stay koo guys lahdat!!
Aloha
Title: Re: Police took my gun!! Will it be returned?
Post by: new guy on July 23, 2013, 12:37:53 PM
.
Title: Re: Police took my gun!! Will it be returned?
Post by: aieahound on July 23, 2013, 01:07:59 PM
DLNR S 13-123-25:

Any person violating any of the provisions of this subchapter shall be subject to penalties as provided in section 185D-5, Hawaii Revised Statutes.

Haw. Rev. Stat. S 185D-5:

...shall be guilty of a petty misdemeanor, and upon conviction therof, shall be punished as follows:

1) for a first time conviction, by a mandatory fine of not less than $100.00, or imprisonment of not more than thirty days, or both;

2) for a second time conviction within 5 years of a previous conviction, by a mandatory fine of not less than $500.00, or imprisonment of not more than thirty days, ir both, and all firearms used in the commission of the violations shallbe considered contraband to be forfeited to and disposed of by the State

Cool. Sounds like he might get it back after a first offense.

Let us know Lahdat.
Title: Re: Police took my gun!! Will it be returned?
Post by: gunslahdat on July 23, 2013, 02:28:10 PM
ho cuzinz! Jus got back from court. Got 100$ fine and they said I can get my gun back in about a week!!
sucks that I gota pay but it could be worse! Haha now it's like I paid for a mossberg 500 but got a 88. Anyways   Mahalo for da support ma baddahs.
Title: Re: Police took my gun!! Will it be returned?
Post by: moosed on July 23, 2013, 02:36:57 PM
ho cuzinz! Jus got back from court. Got 100$ fine and they said I can get my gun back in about a week!!
sucks that I gota pay but it could be worse! Haha now it's like I paid for a mossberg 500 but got a 88. Anyways   Mahalo for da support ma baddahs.

Relatively speaking, you got off cheap.  I bet you'll never forget to renew that hunting license again, huh?   :shaka:   :thumbsup:
Title: Re: Police took my gun!! Will it be returned?
Post by: Kingkeoni on July 23, 2013, 02:40:13 PM
 :thumbsup:
Title: Re: Police took my gun!! Will it be returned?
Post by: new guy on July 23, 2013, 02:40:51 PM
.
Title: Re: Police took my gun!! Will it be returned?
Post by: new guy on July 23, 2013, 02:45:17 PM
.
Title: Re: Police took my gun!! Will it be returned?
Post by: Jl808 on July 23, 2013, 03:04:51 PM
Good for you!  Now better go get that hunting license!  :)


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Title: Re: Police took my gun!! Will it be returned?
Post by: dirtylickins on July 23, 2013, 04:06:34 PM
Imo you will ... you have aquired all the proper licenses which clears you to shoot in the the area you were in although there might be a fine but this is just my opinion.  Good luck
let all be known that this is my verdict from the beginning :geekdanc:
Title: Re: Police took my gun!! Will it be returned?
Post by: new guy on July 23, 2013, 04:44:07 PM
.
Title: Re: Police took my gun!! Will it be returned?
Post by: Gordyf on July 23, 2013, 06:16:24 PM
Relatively speaking, you got off cheap.  I bet you'll never forget to renew that hunting license again, huh?   :shaka:   :thumbsup:

I don't suspect that Law enforcement would be quite so understanding here in Honlulu, even if you were out in the boondocks.
Lucky you live Big Island
Title: Re: Police took my gun!! Will it be returned?
Post by: BUD on July 23, 2013, 08:42:53 PM
I was on flume road off stainback not by the highway you have to go quite a bit in

Was it actual police or was it the forest service/ranger?  I have heard people get questioned there before but they all said it was the ranger.  If you have hunting license now you can go flume road or mile marker 16 on saddle road.  Both are hunting sight in areas.  But make sure you have valid license!  :shaka:
Title: Re: Police took my gun!! Will it be returned?
Post by: SpeedTek on July 24, 2013, 05:35:59 PM
I talked with the head of the DNLR Enforcement division Oahu today

He said as long as you have a permit to acquire you should get your gun back.

Good luck.
Title: Re: Police took my gun!! Will it be returned?
Post by: MDS on July 28, 2013, 08:00:44 AM
ho cuzinz! Jus got back from court. Got 100$ fine and they said I can get my gun back in about a week!!
sucks that I gota pay but it could be worse! Haha now it's like I paid for a mossberg 500 but got a 88. Anyways   Mahalo for da support ma baddahs.

A heads up if you want to target practice in the future without the legal hassle and the fines: Prepay $50 a year for the Glennwood Gun Range, they are currently taking new members but you'll have to pass an NRA range safety class along with another test the club administers - Club contact; 808gwpps@gmail.com
Title: Re: Police took my gun!! Will it be returned?
Post by: Kingkeoni on July 28, 2013, 08:30:57 AM
but you'll have to pass an NRA range safety class along with another test the club administers

It sounds so mysterious.

What could the test be?

I.Q. Test?
Title: Re: Police took my gun!! Will it be returned?
Post by: GZire on July 29, 2013, 08:08:30 AM
It sounds so mysterious.

What could the test be?

I.Q. Test?


..........hey look, there's a bar of soap on the ground..........
Title: Re: Police took my gun!! Will it be returned?
Post by: Kingkeoni on July 29, 2013, 08:30:28 AM

..........hey look, there's a bar of soap on the ground..........

Awww he failed.  :rofl:
Title: Re: Police took my gun!! Will it be returned?
Post by: michalebsdad on July 29, 2013, 08:16:33 PM
Now, don't get caught doing the same thing in the next 5 years!

Right!!!!
Title: Re: Police took my gun!! Will it be returned?
Post by: gunslahdat on July 30, 2013, 08:43:35 AM
Was it actual police or was it the forest service/ranger?  I have heard people get questioned there before but they all said it was the ranger.  If you have hunting license now you can go flume road or mile marker 16 on saddle road.  Both are hunting sight in areas.  But make sure you have valid license!  :shaka:

It was a police officer turns out some human remains were found by flume road haha looks like I'm going 16 mile marker from now on or maybe the  glennwood  one
Title: Re: Police took my gun!! Will it be returned?
Post by: gunslahdat on July 30, 2013, 08:45:23 AM
Good for you!  Now better go get that hunting license!  :)


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Got it before court date goNna pick up my 88 today