Gun confiscation after natural disaster (Read 11184 times)

Jphilly

Gun confiscation after natural disaster
« on: March 26, 2014, 03:46:34 PM »
I was reading about how guns were seized after Katrina and it got me thinking if the same would happen to Hawaii if we were devastated by a huge natural disaster. I recall in HRS somewhere that the state isn't allowed to confiscate firearms after a disaster but once the military and federal government steps in could they?

My real question is if they come knocking at your door to seize your guns what's to stop you from saying you sold them or no longer have them?

whynow?

Re: Gun confiscation after natural disaster
« Reply #1 on: March 26, 2014, 04:50:42 PM »
Seem to remember Gov. Lingle signing a bill that prohibits confiscation.   Don't think that law was ever repealed.

Tom_G

Re: Gun confiscation after natural disaster
« Reply #2 on: March 26, 2014, 06:05:40 PM »
It is specifically and explicitly illegal for the government to confiscate firearms during a time of emergency in Hawaii.

Yep, illegal.  They passed a special law after seeing what happened during Katrina.

Illegal.  Meaning they will never, ever, ever do it.  Nope, no way.  Your firearms are safe, and will never be targeted by the government during a time of emergency.

Trust them.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

artesho

Re: Gun confiscation after natural disaster
« Reply #3 on: March 26, 2014, 06:15:39 PM »
A little unrelated but what if I flew with my firearms to another state and transferred ownership? Is there a way for HPD to know the whereabouts of that firearms? Especially if the other state doesn't require registration?

OldFaithful

Re: Gun confiscation after natural disaster
« Reply #4 on: March 26, 2014, 06:21:19 PM »
The federal law that prohibits confiscation during or after a natural disaster is the Disaster recovery personal protection act of 2006. Hawaii also has a law thanks to lingle, that does the same

OldFaithful

Re: Gun confiscation after natural disaster
« Reply #5 on: March 26, 2014, 06:24:53 PM »
A little unrelated but what if I flew with my firearms to another state and transferred ownership? Is there a way for HPD to know the whereabouts of that firearms? Especially if the other state doesn't require registration?

They'll have you on file here, but can't do anything to your guns.  You're not in hawaii jurisdiction.  I don't think you even have to inform them you're leaving the state permanently. Just leave and burn your registration papers and permit lol

Tom_G

Re: Gun confiscation after natural disaster
« Reply #6 on: March 26, 2014, 06:31:59 PM »
A little unrelated but what if I flew with my firearms to another state and transferred ownership? Is there a way for HPD to know the whereabouts of that firearms? Especially if the other state doesn't require registration?


I recall reading SOMEwhere in HRS that you are required to inform HPD of any change in address if you have firearms registered.  Presumably, that would include sending them notification that "I am leaving Hawaii."  But I am unable to locate said statute, so I may well have dreamed it.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

Q

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« Reply #7 on: March 26, 2014, 08:40:39 PM »
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« Last Edit: December 13, 2016, 11:29:06 AM by Q »

CSaladino

Re: Gun confiscation after natural disaster
« Reply #8 on: March 26, 2014, 11:07:00 PM »
No need to notify HPD if moving out of state!  I once ask them at the HPD registration window if I moved to the mainland do I notify u guys!  They said NO!

new guy

Re: Gun confiscation after natural disaster
« Reply #9 on: March 26, 2014, 11:09:12 PM »
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« Last Edit: August 20, 2016, 06:41:07 PM by new guy »
Your mindset is your primary weapon. - Jeff Cooper

Colt808

Re: Gun confiscation after natural disaster
« Reply #10 on: March 27, 2014, 03:32:10 AM »
No need to notify HPD if moving out of state!  I once ask them at the HPD registration window if I moved to the mainland do I notify u guys!  They said NO!
This is correct. But the really stupid thing of it all? If you move back you're supposed to register again even though your previous registration is still on file.  :wacko:
Reason obeys itself; and ignorance submits to whatever is dictated to it. ~Thomas Paine


And I still see stupid people.

HiCarry

Re: Gun confiscation after natural disaster
« Reply #11 on: March 27, 2014, 08:58:10 AM »
The federal law that prohibits confiscation during or after a natural disaster is the Disaster recovery personal protection act of 2006. Hawaii also has a law thanks to lingle, HRA that does the same

Fixed that for ya....

aieahound

Re: Gun confiscation after natural disaster
« Reply #12 on: March 27, 2014, 11:09:06 AM »
The federal law that prohibits confiscation during or after a natural disaster is the Disaster recovery personal protection act of 2006. Hawaii also has a law thanks to lingle, that does the same

How does Marshal Law play into this, if it's declared ?

Would it make any difference ?

The 2006 Fed law was in place during Katrina and they still confiscated weapons.

new guy

Re: Gun confiscation after natural disaster
« Reply #13 on: March 27, 2014, 11:26:55 AM »
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« Last Edit: August 20, 2016, 06:40:21 PM by new guy »
Your mindset is your primary weapon. - Jeff Cooper

OldFaithful

Re: Gun confiscation after natural disaster
« Reply #14 on: March 27, 2014, 11:28:27 AM »
Katrina was in 2005.  The act was in response to that whole horror of people geting guns taking away, police refusing to give back or saying they didnt have them and the increase in crime and more

aieahound

Re: Gun confiscation after natural disaster
« Reply #15 on: March 27, 2014, 11:54:38 AM »
I may be mistaken, but I think Katrina went down in 2005, and the Disaster Recovery Personal Protection Act (2006) was a response to that clusterfuck.
Katrina was in 2005.  The act was in response to that whole horror of people geting guns taking away, police refusing to give back or saying they didnt have them and the increase in crime and more

Woo Hoo !   Good news !

Thanks for the clarification guys.  :shaka:

Can Marshal law still mess it all up though ?
Or is discussion of Marshal Law another thread ?
« Last Edit: March 27, 2014, 12:00:56 PM by aieahound »

HiCarry

Re: Gun confiscation after natural disaster
« Reply #16 on: March 27, 2014, 12:27:33 PM »
[§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 128 or any other law to the contrary, no person or government entity shall seize or confiscate, under any civil defense, emergency, or disaster relief powers or functions conferred, or during any civil defense emergency period, as defined in section 128-2, 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.

(b)  Notwithstanding any provision of chapter 128 or any other law to the contrary, no person or government entity shall suspend, revoke, or limit, under any civil defense, emergency, or disaster relief powers or functions conferred, any lawfully acquired and maintained permit or license obtained under and in accordance with part I of this chapter.

(c)  For purposes of this section, "government entity" means any unit of government in this State, including the State and any county or combination of counties, department, agency, institution, board, commission, district, council, bureau, office, governing authority, or other instrumentality of state or county government, or corporation or other establishment owned, operated, or managed by or on behalf of this State or any county. [L 2010, c 96, §1]

HRS 128 is being "updated" in this legislative session. Currently HRA is monitoring it to make sure they don't try and amend it with language that would allow confiscation or negate HRS 134-7.2

artesho

Re: Gun confiscation after natural disaster
« Reply #17 on: March 27, 2014, 12:42:49 PM »
so in the event of a natural disaster and hypothetically there was a gun grab, the oppressors would have no way of proving if I in fact still have these registered firearms at that time and place. I think I'm gonna transfer my firearms to a relative elsewhere then.  ::)

new guy

Re: Gun confiscation after natural disaster
« Reply #18 on: March 27, 2014, 12:44:24 PM »
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« Last Edit: August 20, 2016, 06:41:32 PM by new guy »
Your mindset is your primary weapon. - Jeff Cooper

new guy

Re: Gun confiscation after natural disaster
« Reply #19 on: March 27, 2014, 02:15:09 PM »
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« Last Edit: August 20, 2016, 06:36:57 PM by new guy »
Your mindset is your primary weapon. - Jeff Cooper