Acquiring handguns when the registered owner is out of the picture. (Read 2855 times)

Tom_G

Years ago, Friend 1 bought a couple of handguns here in the state. All very straight-up, properly documented and registered.

She and Friend 2 were, as they say, an "item."

Recently got a call from Friend 2. Turns out Friend 2 and Friend 1 parted ways. Friend 1 moved away to the mainland, but left the guns here with Friend 2.

Assuming that the guns are still registered to Friend 1, but Friend 1 won't be returning to the islands, how can Friend 2 sell the handguns to an appreciative buyer?
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

changemyoil66

Re: Acquiring handguns when the registered owner is out of the picture.
« Reply #1 on: April 01, 2019, 09:39:41 PM »
Its illegal for anyone but the owner to possess a handgun. No choice, friend 1 needs to come back if theyre handguns.

Rifles can be "loaned" for 15 days.

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Flapp_Jackson

Re: Acquiring handguns when the registered owner is out of the picture.
« Reply #2 on: April 01, 2019, 10:22:43 PM »
My personal advice: take the handguns to an FFL.

Have the owner work it out with them to transfer ownership to the FFL.  Then it'll be exactly like any handgun you buy from a LGS as far as permit and possession.

The FFL cost will be worth letting them take possession while waiting for the permit.

Any other process, and HPD might ask how you acquired possession if the address on the paperwork (bill of sale, permit) is an out of state address.

Just my advice. it also supports the local FFLs.   :thumbsup:
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

6716J

Re: Acquiring handguns when the registered owner is out of the picture.
« Reply #3 on: April 02, 2019, 08:19:53 AM »
I stayed in a Holiday Inn Express last night so take this with a grain of salt on the rim of your margarita glass....

Go on vacation to the mainland and take the firearms with you....

Now when you come back they are now newly "imported" into the state by you. Take them to HPD and register them as yours (there is no waiting period or training requirement if you import/bring in firearms). If they ask why they are in the registry, say "I dunno". Ask them why they weren't removed when they left the state? Remember that a firearm in Hawaii is never removed from the database. It could have left here in 2001, changed ownership 10 times across the mainland before coming back in 2019, but will still be registered to the original owner.

Any other process, and HPD might ask how you acquired possession if the address on the paperwork (bill of sale, permit) is an out of state address. Most other states don't require any paperwork for changes of ownership of firearms. It's a private transaction

So just have a nice time in Idaho skiing this weekend
I'd rather have a bottle in front of me, than a frontal lobotomy.

zippz

Re: Acquiring handguns when the registered owner is out of the picture.
« Reply #4 on: April 02, 2019, 12:33:45 PM »
The owner and transferee have to reside in the same state.   So the above would raise the attention of the police.  If the owner left the State recently then it could work.

Can't mail the guns either cause the owner has to do it.


Doing the transfer with an FFL might work but I dunno.

Flapp_Jackson

Re: Acquiring handguns when the registered owner is out of the picture.
« Reply #5 on: April 02, 2019, 12:47:25 PM »
The owner and transferee have to reside in the same state.   So the above would raise the attention of the police.  If the owner left the State recently then it could work.

Can't mail the guns either cause the owner has to do it.


Doing the transfer with an FFL might work but I dunno.

The FFL process is the same people on here posted they used for guns sold by heirs they don't own. I see this as a similar situation.

Guns in possession of someone other than the HPD registered owner.
Give to FFL.
FFL transfers to new owner.
HPD happy.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Heavies

Re: Acquiring handguns when the registered owner is out of the picture.
« Reply #6 on: April 02, 2019, 06:03:54 PM »
I'd agree with going the FFL route.  The owner of the handguns needs to be contacted and somehow transfer ownership to the FFL though.  Agree that technically the handguns are now illegal in Hawaii, since they are not in direct possession of the owner. 

I believe handguns cannot be sold person to person from out of state residence, so can't do that one.

eyeeatingfish

Re: Acquiring handguns when the registered owner is out of the picture.
« Reply #7 on: April 02, 2019, 09:45:07 PM »
The FFL route is definitely the safest however it may be possible for person 2 to just take the guns into HPD and request a permit to get the firearms. They may store the guns in evidence until a permit can be obtained. Main thing is that they don't know that she knew about it for a longer period of time. If she stated that she just found it among the leftover possessions the day earlier and took it immediately to register then it shouldn't be an issue. Same issue as if grandpa died and you just found his old rifle in the closet.

But then again the safest option is to do it through an FFL, or at least ask someone who is an FFL.