Firearms Confiscation During Crisis (Read 697 times)

jc2721

Firearms Confiscation During Crisis
« on: April 17, 2020, 10:25:20 AM »
This is the newest article printed in the HHAA newsletter:

Q:  Can my firearms and ammunition be confiscated during a crisis?

A:  In 2010 a law was passed to protect owners of firearms and ammunition.  Seizure and confiscation are prohibited under state law in a time of a crisis or emergency such as COVID-19.

134-7.2 HRS:  "...no person or government entity shall seize or confiscate,under any civil defense, emergency or disaster relief...or during any time of national emergency or crisis...any firearm or ammunition from any individual who is lawfully permitted to carry or possess the firearm or ammunition...."

There is also a federal confiscation prohibition (42 US Code Sec. 5207)


Well, whoda' thunk it in this state?

z06psi

Re: Firearms Confiscation During Crisis
« Reply #1 on: April 17, 2020, 10:33:46 AM »
This is the newest article printed in the HHAA newsletter:

Q:  Can my firearms and ammunition be confiscated during a crisis?

A:  In 2010 a law was passed to protect owners of firearms and ammunition.  Seizure and confiscation are prohibited under state law in a time of a crisis or emergency such as COVID-19.

134-7.2 HRS:  "...no person or government entity shall seize or confiscate,under any civil defense, emergency or disaster relief...or during any time of national emergency or crisis...any firearm or ammunition from any individual who is lawfully permitted to carry or possess the firearm or ammunition...."

There is also a federal confiscation prohibition (42 US Code Sec. 5207)


Well, whoda' thunk it in this state?
I am sure your Police Chief and State's Attorneys office would ignore that.

Sent from my SM-N975U using Tapatalk

Rocky

Re: Firearms Confiscation During Crisis
« Reply #2 on: April 17, 2020, 11:20:33 AM »
Been waiting for this post, but lets post the WHOLE statute.
§134-7.2 
Prohibition against seizure of firearms or ammunition during emergency or disaster; suspension of permit or license.  (a)  Notwithstanding any provision of chapter 127A or any other law to the contrary, no person or government entity shall seize or confiscate, under any emergency or disaster relief powers or functions conferred, or during any emergency period, as defined in section 127A-2, or during any time of national emergency or crisis, as defined in section 134-34, any firearm or ammunition from any individual who is lawfully permitted to carry or possess the firearm or ammunition under part I of this chapter and who carries, possesses, or uses the firearm or ammunition in a lawful manner and in accordance with the criminal laws of this State.

And it's preceding statutes

   [§134-23]  Place to keep loaded firearms other than pistols and revolvers; penalty.  (a)  Except as provided in section 134-5, (engaged in hunting or target shooting ) NVBall firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:
     (1)  A place of repair;
     (2)  A target range;
     (3)  A licensed dealer's place of business;
     (4)  An organized, scheduled firearms show or exhibit;
     (5)  A place of formal hunter or firearm use training or instruction; or
     (6)  A police station.
     "Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.
     (b)  Any person violating this section by carrying or possessing a loaded firearm other than a pistol or revolver shall be guilty of a class B felony.
 
      [§134-24]  Place to keep unloaded firearms other than pistols and revolvers; penalty.  (a)  Except as provided in section 134-5, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:
     (1)  A place of repair;
     (2)  A target range;
     (3)  A licensed dealer's place of business;
     (4)  An organized, scheduled firearms show or exhibit;
     (5)  A place of formal hunter or firearm use training or instruction; or
     (6)  A police station.
     "Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.
     (b)  Any person violating this section by carrying or possessing an unloaded firearm other than a pistol or revolver shall be guilty of a class C felony.
 
     [§134-25]  Place to keep pistol or revolver; penalty.  (a)  Except as provided in sections 134-5 and 134-9, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:
     (1)  A place of repair;
     (2)  A target range;
     (3)  A licensed dealer's place of business;
     (4)  An organized, scheduled firearms show or exhibit;
     (5)  A place of formal hunter or firearm use training or instruction; or
     (6)  A police station.
     "Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.
     (b)  Any person violating this section by carrying or possessing a loaded or unloaded pistol or revolver shall be guilty of a class B felony.
 
     [§134-26]  Carrying or possessing a loaded firearm on a public highway; penalty.  (a)  It shall be unlawful for any person on any public highway to carry on the person, or to have in the person's possession, or to carry in a vehicle any firearm loaded with ammunition; provided that this section shall not apply to any person who has in the person's possession or carries a pistol or revolver in accordance with a license issued as provided in section 134-9.
     (b)  Any vehicle used in the commission of an offense under this section shall be forfeited to the State, subject to the notice and hearing requirements of chapter 712A.
     (c)  Any person violating this section shall be guilty of a class B felony.

 
      [§134-27]  Place to keep ammunition; penalty.  (a)  Except as provided in sections 134-5 (hunting or target shooting)and 134-9,( CCW) all ammunition shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry ammunition in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:
     (1)  A place of repair;
     (2)  A target range;
     (3)  A licensed dealer's place of business;
     (4)  An organized, scheduled firearms show or exhibit;
     (5)  A place of formal hunter or firearm use training or instruction; or
     (6)  A police station.
     "Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the ammunition.
     (b)  Any person violating this section shall be guilty of a misdemeanor.
 
So nothing really different as the rules for confiscation still stand if ANY rules in HRS 134 or other HRS', are violated,  not just those I've cited.
“I ask you to judge me by the enemies I have made.”
                                                           Franklin D. Roosevelt

changemyoil66

Re: Firearms Confiscation During Crisis
« Reply #3 on: April 17, 2020, 11:58:14 AM »
We all know if given orders, no HPD will do this or red flags either.

Kuleana

Re: Firearms Confiscation During Crisis
« Reply #4 on: April 17, 2020, 12:59:42 PM »
We all know if given orders, no HPD will do this or red flags either.

Glad you posted this.

Amazing how there are some on this very forum who are so disillusioned by their love and support for the police and military that they don't think its possible that personnel in both institutions will obey an unconstitutional order.  Such people will get a rude awakening when they see that it may be their best friends and even family members in those outfits following through with those directives.

Flapp_Jackson

Re: Firearms Confiscation During Crisis
« Reply #5 on: April 17, 2020, 01:06:46 PM »
Glad you posted this.

Amazing how there are some on this very forum who are so disillusioned by their love and support for the police and military that they don't think its possible that personnel in both institutions will obey an unconstitutional order.  Such people will get a rude awakening when they see that it may be their best friends and even family members in those outfits following through with those directives.

You seem to be more worried about "some on this very forum" than you are about the evil, maniacal drone Cops you constantly warn us all about.

Maybe you just can't accept that your opinion is not the only one that holds some measure of validity, and you see all those whose views  oppose yours as the enemy.
Liberal:  Someone who is passionately concerned with issues about which they know absolutely nothing.

jc2721

Re: Firearms Confiscation During Crisis
« Reply #6 on: April 17, 2020, 01:52:37 PM »
 :popcorn: :popcorn: :popcorn:

hvybarrels

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Re: Firearms Confiscation During Crisis
« Reply #7 on: April 17, 2020, 07:15:27 PM »

Rocky

Re: Firearms Confiscation During Crisis
« Reply #8 on: April 19, 2020, 12:27:40 PM »
“I ask you to judge me by the enemies I have made.”
                                                           Franklin D. Roosevelt

Mdotweber

Re: Firearms Confiscation During Crisis
« Reply #9 on: April 19, 2020, 09:36:54 PM »

"Dont forget, incoming fire has the right of way"-Clint Smith?

aieahound

Re: Firearms Confiscation During Crisis
« Reply #10 on: April 21, 2020, 12:25:26 PM »
80% paper weights could come in handy.
The more a person hates, the more the object of their hatred hates them back. - Itachi Uchiha

eyeeatingfish

Re: Firearms Confiscation During Crisis
« Reply #11 on: May 19, 2020, 09:36:35 PM »
Glad you posted this.

Amazing how there are some on this very forum who are so disillusioned by their love and support for the police and military that they don't think its possible that personnel in both institutions will obey an unconstitutional order.  Such people will get a rude awakening when they see that it may be their best friends and even family members in those outfits following through with those directives.

Or consider that they don't agree on your assessment of the constitutionality of certain orders/laws. It would be inaccurate to paint the picture as simple as either clearly constitutional or clearly unconstitutional.