Firearm and ammo transport laws (Read 22792 times)

Redtail

Firearm and ammo transport laws
« on: November 14, 2009, 09:04:59 AM »
Could pls. somebody clarify this to me:

1.  When you have your firearm with you and you have to drop by at the gun dealer to purchase some ammo,  do you leave your gun in the car or take it with you?

2.  If I have ammo with me and returning to HPD for serial no. verification, do I take the ammo with me or can I leave it in the car?

3.  What are the things I have to do  if I move to the mainland and taking firearms with me, is there a paperwork I have to do with HPD?

4. How many days I have to notify HPD if my address change and in what way, in person, written notice or phone call?

5. The box to transport firearm and ammo are they required by law to be lock?

6. Does handgun slide have to be lock in the rear position?

7. Does ammo and firearm has to be on separate box/safe while transporting?

thanks..
‘‘I ask, sir, what is the militia? It is the whole people, except for a few public officials.’’
‘‘To disarm the people is the best and most effectual way to enslave them.’’
-George Mason

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Tom_G

Re: Firearm and ammo transport laws
« Reply #1 on: November 14, 2009, 10:28:46 AM »
1.  Check with the personnel of the gun store.  Since you're traveling with it legally cased, bringing it inside should be ok, but it's nice to ask.  I don't like leaving guns unattended in my car.

2.  DO NOT take live ammo into HPD.  You don't need it for any of the functions that Hawaii requires for gun ownership, and seeing those live rounds will elevate the adrenal levels of all the blue uniforms around you.

3.  Nope.  However, if you were to later move back here, and bring those same firearms, you would be required to re-register them.

4.  You have to notify them in writing.  I can't seem to find the statute that tells how long you have to do so, though.

5.  the container must be a hard-sided lockable container, or a manufactured gun case, or equivalent.  There's no provision that says it must be locked.

6.  Nope

7.  Hawaii law requires that gun gun be transported unloaded.  If memory serves, there's also a clause about "not able to be readily loaded."  So having a box of ammo in the same case as a handgun should be fine.  Having a loaded magazine in the same case, less so.


Could pls. somebody clarify this to me:

1.  When you have your firearm with you and you have to drop by at the gun dealer to purchase some ammo,  do you leave your gun in the car or take it with you?

2.  If I have ammo with me and returning to HPD for serial no. verification, do I take the ammo with me or can I leave it in the car?

3.  What are the things I have to do  if I move to the mainland and taking firearms with me, is there a paperwork I have to do with HPD?

4. How many days I have to notify HPD if my address change and in what way, in person, written notice or phone call?

5. The box to transport firearm and ammo are they required by law to be lock?

6. Does handgun slide have to be lock in the rear position?

7. Does ammo and firearm has to be on separate box/safe while transporting?

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

Redtail

Re: Firearm and ammo transport laws
« Reply #2 on: November 14, 2009, 10:22:05 PM »
In reference to answer no. 2 the reason I ask is I don't want to leave ammo unattended.  This my first firearm purchase and I don't want to go back to the dealer again to buy the ammo.

The 14 day waiting period, is that for background check or the handgun permit or both?

Whenever I purchase handgun, does the permit to acquire is always 14 days waiting period?

Does every rifle and shotgun have to be registered?
‘‘I ask, sir, what is the militia? It is the whole people, except for a few public officials.’’
‘‘To disarm the people is the best and most effectual way to enslave them.’’
-George Mason

www.campaignforliberty.com   www.lewrockwell.com

2aHawaii

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Re: Firearm and ammo transport laws
« Reply #3 on: November 14, 2009, 11:04:48 PM »
The 14 day waiting period applies to all permits to acquire.

You need a new permit to acquire for every handgun.

Every single firearms need to be registered.

Thems the rules that we have to live with.  >:(
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

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Tom_G

Re: Firearm and ammo transport laws
« Reply #4 on: November 15, 2009, 05:24:25 PM »
Just a clarification to 2aHawaii's answer...

You wait 14 days for every permit, and you need a new permit for every handgun, so you do wait 14 days for every handgun purchase.

However, a longarm permit is good for a year.  You wait 14 days for the permit, then you can buy as many rifles and shotguns as you can afford for the next 365 days.  After 351 days, apply for another permit.  Repeat.

And register them.  All.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

Antithesis

Re: Firearm and ammo transport laws
« Reply #5 on: November 17, 2009, 01:04:36 PM »
Can anybody explain why the difference in the whole process between long guns and handguns?  Aren't people just as able to commit crimes with long guns as with handguns?  Can't people just as readily kill a person with a rifle as a pistol?
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2aHawaii

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Re: Firearm and ammo transport laws
« Reply #6 on: November 17, 2009, 02:25:17 PM »
I guess the "logic"  :P behind it is that handguns are easier to conceal.

But I find it so funny that some places feel handguns are the most dangerous and others feel that "assault rifles" are the most dangerous.

Again, no real logic, it's more about the facade of feeling safer.
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

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Tom_G

Re: Firearm and ammo transport laws
« Reply #7 on: November 17, 2009, 05:26:25 PM »
Can anybody explain why the difference in the whole process between long guns and handguns?  Aren't people just as able to commit crimes with long guns as with handguns?  Can't people just as readily kill a person with a rifle as a pistol?

Nope.

Can't happen.

No one would use a rifle or a shotgun in the commission of a crime.  Unless that rifle or shotgun happened to be cosmetically similar to a military gun, or black in color.  In which case they should be banned.  Still, nowhere near as dangerous as a handgun.  Put a handgun in an otherwise sane person's hand, there's no telling what mayhem they'll commit. 

Best to make them wait 2 weeks.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

Redtail

Re: Firearm and ammo transport laws
« Reply #8 on: November 18, 2009, 09:34:34 AM »
What if you only have ammo?  Does the same rule apply as far as where you can go?
‘‘I ask, sir, what is the militia? It is the whole people, except for a few public officials.’’
‘‘To disarm the people is the best and most effectual way to enslave them.’’
-George Mason

www.campaignforliberty.com   www.lewrockwell.com

Tom_G

Re: Firearm and ammo transport laws
« Reply #9 on: November 18, 2009, 08:49:50 PM »
What if you only have ammo?  Does the same rule apply as far as where you can go?

Most places in HRS 134, it says "guns and ammo."  It's every bit as illegal to have a single round of ammunition as it is to have a firearm, outside of the listed places to keep and carry. 

Rumor is that HPD won't bother you on an ammo-only incident, but if you were to get sideways of the officer, it is certainly something that could legally be held against you.

When the chief instructors set out to get supplies for a LIFE class, ammo is always the last thing on the list.  Having it in the car while you run to Costco for snacks and drinks or Office Max for folders is illegal.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

2aHawaii

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Re: Firearm and ammo transport laws
« Reply #10 on: November 18, 2009, 10:35:07 PM »
I didn't realize ammo had such tight restrictions, yet it has its own section in the HRS.

http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0027.htm

Quote
[§134-27]  Place to keep ammunition; penalty.  (a)  Except as provided in sections 134-5 and 134-9, 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. [L 2006, c 66, pt of §1]
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

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Redtail

Re: Firearm and ammo transport laws
« Reply #11 on: November 18, 2009, 11:02:18 PM »
What if you don't have a car or your car break down, are you allowed to transport using public/private transportation?

‘‘I ask, sir, what is the militia? It is the whole people, except for a few public officials.’’
‘‘To disarm the people is the best and most effectual way to enslave them.’’
-George Mason

www.campaignforliberty.com   www.lewrockwell.com

Tom_G

Re: Firearm and ammo transport laws
« Reply #12 on: November 19, 2009, 09:31:34 AM »
What if you don't have a car or your car break down, are you allowed to transport using public/private transportation?

The Bus is an interesting question.  Revised Ordinances of Honolulu, Chapter 13, covers The Bus.  Nothing in its section on prohibited activities mentions firearms, although there is a prohibition against:
Quote
Carrying or possessing any flammable, combustible, explosive, corrosive, or highly toxic liquid or other substance, article or material which is likely to cause harm to others or to emit any foul or noxious dust, mist, fume, gas, vapor, or odor; provided that nothing contained in this subdivision shall be construed as prohibiting a person from carrying or possessing any match or any cigar, cigarette, or pipe lighter, which is not lighted or smoldering;
So I called their customer service number.  Talked to a very helpful person.  Turns out that "guns and weapons" are prohibited under what she called the Modified baggage Rule, city ordinance 4635.  I've been unable to locate that particular ordinance online, but she had it right at her fingertips. 

So, if you break down, call a friend.  If you can't find a friend, call a cab.

I did break down once on the way to the range.  I called a tow truck, and had him swing by my house on the way to the repair station.  Cost me a few $$$ in extra mileage, but the guns never left the 'security' of my car, and never left the most direct route between my house and Kokohead.

I lived without a car for several years, only owned my motorcycle.  With saddle bags and bungee cords, I could manage a range trip pretty well.  I built a PVC over-the-shoulder case for longarms, which I eventually replaced with a partial golf club bag.  Did that every weekend for, oh, 3 years.  Had HPD behind me from time to time, as happens in the normal course of traffic.  No one ever pulled me over or looked at me funny.

HRS 134, to the best of my recollection, doesn't address HOW you transport it.  Pushing it in a shopping cart down the shoulder of the road may be every bit as legal as having it in your car. 
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

Antithesis

Re: Firearm and ammo transport laws
« Reply #13 on: November 19, 2009, 10:18:31 AM »
HRS 134, to the best of my recollection, doesn't address HOW you transport it.  Pushing it in a shopping cart down the shoulder of the road may be every bit as legal as having it in your car.

This got me thinking.  This is purely speculation, and I do not recommend anybody take action or try any of these ideas since it is just hypothetical speculation.  So if you are walking to and from the shooting range, you have a justifiable period of concealed carry.  There's no legal restrictions regulating how far a person could walk, so arguably you could conceal carry for any distance, assuming you're not stopping off anywhere. 

This would have very limited applications, but say you live in Hawaii Kai and you go jogging on Saturdays and Sundays every morning at 7:00am.  It seems reasonable that if you had a pistol on you, you could be on your way up to kokohead to shoot. All you would need is a little conceal carry fanny pack, those little foam earplugs and some shades and you're set for a day at the range, or a safe morning jog, or both.  How is anyone else to prove which your intentions are? 
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If you wish for peace, prepare for war

2aHawaii

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Re: Firearm and ammo transport laws
« Reply #14 on: November 19, 2009, 10:38:37 AM »
All you would need is a little conceal carry fanny pack, those little foam earplugs and some shades and you're set for a day at the range, or a safe morning jog, or both.  How is anyone else to prove which your intentions are? 

Hmmmm, I wonder if a concealed carry fanny pack counts as a commercially manufactured gun case.

Of course the gun would have to be unloaded.  :-\
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

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Redtail

Re: Firearm and ammo transport laws
« Reply #15 on: November 19, 2009, 10:42:05 AM »
This is another hypothetical question, what if you become homeless?  Would you have to turn in your guns, transfer or sell them?
‘‘I ask, sir, what is the militia? It is the whole people, except for a few public officials.’’
‘‘To disarm the people is the best and most effectual way to enslave them.’’
-George Mason

www.campaignforliberty.com   www.lewrockwell.com

Tom_G

Re: Firearm and ammo transport laws
« Reply #16 on: November 19, 2009, 12:06:03 PM »
So if you are walking to and from the shooting range, you have a justifiable period of concealed carry.  There's no legal restrictions regulating how far a person could walk, so arguably you could conceal carry for any distance, assuming you're not stopping off anywhere. 

I think you're misinterpreting the statute.  You can transport your firearm to and from the range, not carry it.  Transport means enclosed in an approved container. 

Quote
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

Now, since Kokohead is a place to keep and carry, you could arguably carry concealed within its boundaries, were that not prohibited by the rules of the park itself.



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

Tom_G

Re: Firearm and ammo transport laws
« Reply #17 on: November 19, 2009, 12:12:55 PM »
This is another hypothetical question, what if you become homeless?  Would you have to turn in your guns, transfer or sell them?

While the homeless aren't prohibited from owning guns (as far as I can tell), they are lacking a place to legally possess them.  I don't think that storefronts or park benches count as places of sojourn.  So, while you many not have to get rid of your guns, you certainly could not possess them.  Maybe you could find an affordable storage unit that allowed firearms and store them there indefinitely.  If you had a friend with a home, you could "loan" him your longarms, dropping by every 14 days to renew that loan (and mooch a meal).

However, if you were to find yourself homeless, I'd think that the disposition of your firearms collection would be relatively low in your list of concerns.  Aside from the snubbie that you carried illegally for self-defense, the rest would probably be liquidated for food.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

Antithesis

Re: Firearm and ammo transport laws
« Reply #18 on: November 19, 2009, 12:29:15 PM »
I think you're misinterpreting the statute.  You can transport your firearm to and from the range, not carry it.  Transport means enclosed in an approved container. 

That makes sense.  Is there any specification as to what type of container it has to be?  I've seen guys at Kokohead show up with hard shell cases as well as soft canvas cases.  What is the criteria for the case? 

Also, expanding on the Homeless question, suppose you become homeless but you still have an automobile and that becomes your "home".  Are you allowed to keep firearms in there because that is your place of residence? 
"Si vis pacem, para bellum"
If you wish for peace, prepare for war

Tom_G

Re: Firearm and ammo transport laws
« Reply #19 on: November 19, 2009, 02:04:56 PM »
... Is there any specification as to what type of container it has to be?  I've seen guys at Kokohead show up with hard shell cases as well as soft canvas cases.  What is the criteria for the case?

HRS 134-6:
Quote
"Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.