Safety Class No Good Now (Read 10120 times)

mongoose

Safety Class No Good Now
« on: February 05, 2014, 07:38:09 PM »
Just a heads up for anybody with an older safety course affidavit. I went to HPD today to apply for a handgun permit and was turned away by the officers at the window.  I took my safety course in '96 when the law required 3 hours of class and 3 hours of range.  They told me that my affidavit was no longer acceptable because the law was changed to 4 and 2. I then tried to explain to them that since the law was changed I have acquired 3 handguns with no issues at all. To this they simply said, "That shouldn't have been approved." Just wanted to let you all know what happened.

Heavies

Re: Safety Class No Good Now
« Reply #1 on: February 05, 2014, 07:39:57 PM »
That really does not sound right.  Soemthing is amiss here? ???

dustoff003

Re: Safety Class No Good Now
« Reply #2 on: February 05, 2014, 07:45:45 PM »
Is your old affidavit notarized? I had my old one rejected because it was not notarized.

NoScade

Re: Safety Class No Good Now
« Reply #3 on: February 05, 2014, 07:46:56 PM »
That's crazy, What next they gonna say the guys that the took hunters Ed class won't be allowed cause they don't have any range time.

mongoose

Re: Safety Class No Good Now
« Reply #4 on: February 05, 2014, 07:55:34 PM »
My affidavit is notarized. It has been accepted from '96 until just today.

Is your old affidavit notarized? I had my old one rejected because it was not notarized.

bubba808

Re: Safety Class No Good Now
« Reply #5 on: February 05, 2014, 08:17:31 PM »
Try again, but this time, brush teeth, smile and hand the paperwork to the officer with a box of manapua under it. J/K... sorry bout your troubles

Bunker

Re: Safety Class No Good Now
« Reply #6 on: February 05, 2014, 08:22:04 PM »
That is really messed up and I'm certain would apply to a lot of people as well, and to boot you'll have to wait longer to buy the handgun, providing it's still available. Is what the guy said in fact law and no grandfathering if so? That just doesn't seem right on the surface to me.

808shooter

Re: Safety Class No Good Now
« Reply #7 on: February 05, 2014, 08:39:38 PM »
has this happened to anyone else?

Please post

Funtimes

Re: Safety Class No Good Now
« Reply #8 on: February 05, 2014, 09:02:39 PM »
Well, they are are complying with the law.  It doesn't make old guns bad, but if there is a new law or a change in the law, we have to comply with it afterwards in most respects.
Check out the Hawaii Defense Foundation.
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Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

LRT

Re: Safety Class No Good Now
« Reply #9 on: February 05, 2014, 09:18:45 PM »
Happened to me a while back as well. Took the class back in 1997 through Brian Chun. Never had a problem til 1day went to do paperwork for a new handgun. Guy at the window said affidavit was no longer valid. We fought it and threatened getting lawyers involved, and they backed off and said I would be grandfathered. I remember the names of the LT and SGT we were working with. I have since took the hunters Ed course so I don't have to go through all that hassle again.




Tom_G

Re: Safety Class No Good Now
« Reply #10 on: February 05, 2014, 09:31:21 PM »
This happens periodically.  When the law was passed, there was a rider grandfathering previous affidavits.  Every few years, HPD forgets this.  What the officer told you is wrong, your affidavit is just fine.  Contact HRA.  They have offered to sponsor a lawsuit in the past when this has arisen, and suddenly the DA "reminds" HPD of reality.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

K30l4

Re: Safety Class No Good Now
« Reply #11 on: February 05, 2014, 09:33:56 PM »
This happens periodically.  When the law was passed, there was a rider grandfathering previous affidavits.  Every few years, HPD forgets this.  What the officer told you is wrong, your affidavit is just fine.  Contact HRA.  They have offered to sponsor a lawsuit in the past when this has arisen, and suddenly the DA "reminds" HPD of reality.

Thank God for Reality. :thumbsup:

kkt

Re: Safety Class No Good Now
« Reply #12 on: February 05, 2014, 10:06:00 PM »
has this happened to anyone else?

Please post

Same happened to me last year, 2013, when I applied for a permit.  I took the handgun course in 1997 when the law was 3hr/3hr.
I was extremely fortunate that I took the Hunter Ed. course earlier in 2013 and was able to use that.

OldFaithful

Re: Safety Class No Good Now
« Reply #13 on: February 05, 2014, 10:09:48 PM »
This happens periodically.  When the law was passed, there was a rider grandfathering previous affidavits.  Every few years, HPD forgets this.  What the officer told you is wrong, your affidavit is just fine.  Contact HRA.  They have offered to sponsor a lawsuit in the past when this has arisen, and suddenly the DA "reminds" HPD of reality.

Interesting info, thanks!

Heavies

Re: Safety Class No Good Now
« Reply #14 on: February 06, 2014, 12:19:01 AM »
So my grandfathered hunters ed is still good then?  I have never had a problem...

Funtimes

Re: Safety Class No Good Now
« Reply #15 on: February 06, 2014, 06:54:51 AM »
This happens periodically.  When the law was passed, there was a rider grandfathering previous affidavits.  Every few years, HPD forgets this.  What the officer told you is wrong, your affidavit is just fine.  Contact HRA.  They have offered to sponsor a lawsuit in the past when this has arisen, and suddenly the DA "reminds" HPD of reality.

Do you have a link to this in the law?
Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

Funtimes

Re: Safety Class No Good Now
« Reply #16 on: February 06, 2014, 06:55:13 AM »
So my grandfathered hunters ed is still good then?  I have never had a problem...

It just says hunters ed.  The same requirements don't apply re: time / range.
Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

Tom_G

Re: Safety Class No Good Now
« Reply #17 on: February 06, 2014, 08:00:08 AM »
Do you have a link to this in the law?

It was a footnote or a case note or some such that was enacted when the voting took place.  You would have to go back to passing of the act itself to find the reference, which I don't think you can do online.  Contact HiCarry, or Max, for more extensive info.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

Tom_G

Re: Safety Class No Good Now
« Reply #18 on: February 06, 2014, 12:29:36 PM »
It was a footnote or a case note or some such that was enacted when the voting took place.  You would have to go back to passing of the act itself to find the reference, which I don't think you can do online.  Contact HiCarry, or Max, for more extensive info.

On further reflection, I think it was the resolution itself.  There was language in that, outside the portion specifying how HRS 134-2 was to be amended, grandfathering existing affidavits.  However, the online legislative archives only go back to 1999, and the language of 134-2 at that time is the same.  Whenever the requirements were changed, it was pre-1999.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

HiCarry

Re: Safety Class No Good Now
« Reply #19 on: February 06, 2014, 01:03:47 PM »
Just a heads up for anybody with an older safety course affidavit. I went to HPD today to apply for a handgun permit and was turned away by the officers at the window.  I took my safety course in '96 when the law required 3 hours of class and 3 hours of range.  They told me that my affidavit was no longer acceptable because the law was changed to 4 and 2. I then tried to explain to them that since the law was changed I have acquired 3 handguns with no issues at all. To this they simply said, "That shouldn't have been approved." Just wanted to let you all know what happened.
There was no grandfather clause, probably on purpose but likely explained away as an oversight. We have an AG opinion that says prior courses should be grandfathered in. Please PM me and I'll get you that document and assist in resolving this issue.