IANAL can someone explain this RAPBACK to me? (Read 3019 times)

Heavies

IANAL can someone explain this RAPBACK to me?
« on: April 01, 2019, 06:09:05 PM »
Here is an email conversation I've been having since requesting a refund for RAPBACK since we are NOT currently enrolled in that system.


Quote
Thank you.   Just a few more questions.


Trying to understand    Per HRS 134-2 "(i)  No fee shall be charged for permits, or applications for permits, under this section, except for a single fee chargeable by and payable to the issuing county, for individuals applying for their first permit, in an amount equal to the fee charged by the Hawaii criminal justice data center pursuant to section 846-2.7."   


 The permit I applied for was not my "first permit". Why was I charged the additional new fee, per the new "RapBack" law? 


 Also per, 28 C.F.R. § 25.9(b)(3)   


 (3)Limitation on use. The NICS, including the NICS Audit Log, may not be used by any Department, agency, officer, or employee of the United States to establish anysystem for the registration of firearms, firearm owners, or firearm transactions or dispositions, except with respect to persons prohibited from receiving a firearm by 18 U.S.C. 922(g) or by state law. TheNICS Audit Log will be monitored and reviewed on a regular basis to detect any possible misuse of NICSdata."   The FBI is required to destroy records of background checks (NICS) as to not create an illegal federal firearm registry.     


 Per Federal Law 18 U.S.C. 926    "No such rule or regulation prescribed [by the Attorney General] after the date of the enactment of the Firearms Owners Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or disposition be established. Nothing in this section expands or restricts the Secretary's authority to inquire into the disposition of any firearm in the course of a criminal investigation."   


 Is it federally legal for the FBI to monitor Hawaii gun owners, just for the cause of being a firearm owner, thereby creating a pseudo federal firearm registry?     


 Thank you very much 
(Heavies)


The reply was they can't give me legal advice ...


Can someone explain to me how they charged me twice, for a "one time fee..."?



Flapp_Jackson

Re: IANAL can someone explain this RAPBACK to me?
« Reply #1 on: April 01, 2019, 06:48:51 PM »
Here is an email conversation I've been having since requesting a refund for RAPBACK since we are NOT currently enrolled in that system.



The reply was they can't give me legal advice ...


Can someone explain to me how they charged me twice, for a "one time fee..."?

I can't answer it, because I also think it's theft. How many "one time fees" can they charge for essentially the same service?

I'm betting the new system requires digital prints, whereas the prints I gave them to buy my first gun here was on a fingerprint card.

New RAPBACK requirement  -->>  new need to obtain digitized prints -->> new "one time" fee to get you into the system.
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

RSN172

Re: IANAL can someone explain this RAPBACK to me?
« Reply #2 on: April 01, 2019, 06:52:39 PM »
Here is an email conversation I've been having since requesting a refund for RAPBACK since we are NOT currently enrolled in that system.



The reply was they can't give me legal advice ...


Can someone explain to me how they charged me twice, for a "one time fee..."?

Because they like you so much.
Happily living in Puna

macsak

Re: IANAL can someone explain this RAPBACK to me?
« Reply #3 on: April 01, 2019, 07:08:39 PM »
Here is an email conversation I've been having since requesting a refund for RAPBACK since we are NOT currently enrolled in that system.



The reply was they can't give me legal advice ...


Can someone explain to me how they charged me twice, for a "one time fee..."?
because they want to get sued

zippz

Re: IANAL can someone explain this RAPBACK to me?
« Reply #4 on: April 01, 2019, 07:10:55 PM »
because they want to get sued

They don't care.  It's not their money.

Things are still in the works.

drck1000

Re: IANAL can someone explain this RAPBACK to me?
« Reply #5 on: April 01, 2019, 07:20:51 PM »
When I applied, the fingerprints were digital images.  Not the ink on card fingerprints.  I asked about the fees and they stated that it was for both FBI background check and County background check.  Something about even if I had been finger printed before that they needed to do again since they (I assumed he meant HPD) doesn't store the fingerprints. 

Didn't want to enter into RapBack, but due to inheriting firearms recently, I did. . .

rpoL98

Re: IANAL can someone explain this RAPBACK to me?
« Reply #6 on: April 01, 2019, 07:25:13 PM »
Didn't want to enter into RapBack, but due to inheriting firearms recently, I did. . .
well, now that you're "in", you might as well start buying all those guns on your Fantasy Firearms List, no holding back now.

Heavies

Re: IANAL can someone explain this RAPBACK to me?
« Reply #7 on: April 01, 2019, 07:34:42 PM »
When I applied, the fingerprints were digital images.  Not the ink on card fingerprints.  I asked about the fees and they stated that it was for both FBI background check and County background check.  Something about even if I had been finger printed before that they needed to do again since they (I assumed he meant HPD) doesn't store the fingerprints. 

Didn't want to enter into RapBack, but due to inheriting firearms recently, I did. . .

Don't really care about they don't store fingerprints or whatever. I care about the law says, "...except for a single fee chargeable by and payable to the issuing county, for individuals applying for their first permit..."

Not my problem their wackadoodle useless gun schemes cost money to implement.   Let them pay for it out of their own budget.  I pay my taxes.

Also,  the fact they've been lying to us about RAPBACK all this time.  Lol. They also said that the RAPBACK program is not ready yet, but should be by June.  Wonder how they do the RAPBACK for teachers, cops, etc..?  Or maybe they are not in RAPBACK either?  Think of the children.  :rofl:


This would be hilarious, if it were not f@#king with our RIGHTS. :crazy:

I thought we discussed this before somewhere, but can't find it. 

Mdotweber

Re: IANAL can someone explain this RAPBACK to me?
« Reply #8 on: April 01, 2019, 07:40:40 PM »
If we aren't logged into the FBI system yet, could the law be challenged and local database be wiped? It's happened before, you know like the records for their missing issue sidearms :D
"Dont forget, incoming fire has the right of way"-Clint Smith?

drck1000

Re: IANAL can someone explain this RAPBACK to me?
« Reply #9 on: April 01, 2019, 07:41:21 PM »
well, now that you're "in", you might as well start buying all those guns on your Fantasy Firearms List, no holding back now.
Yeah.  I've been super busy and have a bunch of OT on the way and I've already been shopping around.  Sort of have to keep the flood gates from opening.   ;D

drck1000

Re: IANAL can someone explain this RAPBACK to me?
« Reply #10 on: April 01, 2019, 07:45:20 PM »
Don't really care about they don't store fingerprints or whatever. I care about the law says, "...except for a single fee chargeable by and payable to the issuing county, for individuals applying for their first permit..."

Not my problem their wackadoodle useless gun schemes cost money to implement.   Let them pay for it out of their own budget.  I pay my taxes.

Also,  the fact they've been lying to us about RAPBACK all this time.  Lol. They also said that the RAPBACK program is not ready yet, but should be by June.  Wonder how they do the RAPBACK for teachers, cops, etc..?  Or maybe they are not in RAPBACK either?  Think of the children.  :rofl:


This would be hilarious, if it were not f@#king with our RIGHTS. :crazy:

I thought we discussed this before somewhere, but can't find it.
Yeah. I hear ya.  I was just sharing what I had been told and heard. 

While I was there, a lady officer came out and took down the papers that detailed the fee.  This was a day after the RapBack stuff had been in the news, social media, etc.  I asked her what was up and she mumbled something about changes due to "politics".  I had hoped that due to the coverage of RapBack that they had suspended RapBack.  But then when I got to the window, was told that I had to pay the RapBack fee.  The officer also whited out something on the top of my RapBack form, but I don't remember.