Anybody hear of a new rule that pistols being sold to the outer islands now require your FFL to file for a hand gun permit to receive said pistol? Then the pistol needs to be transferred from the FFL to the buyer, since when was this in place???

UPDATE:
OK I checked around and I guess that has been the case for a few years. I have just never bought a pistol that was going to be a county to county transfer. There in point is the issue. A little research can go far.

Anybody hear of a new rule that pistols being sold to the outer islands now require your FFL to file for a hand gun permit to receive said pistol? Then the pistol needs to be transferred from the FFL to the buyer, since when was this in place???

Where did you hear that?

Anybody hear of a new rule that pistols being sold to the outer islands now require your FFL to file for a hand gun permit to receive said pistol? Then the pistol needs to be transferred from the FFL to the buyer, since when was this in place???

I could be wrong (I've emailed my FFL asking for a clarification), but having bought numerous items from off-island (both dealers and private parties)  locations I thought that whenever the gun came in to the FFL that they had to register it in their name with the P.D., and then when I showed up with my permit I would take it to the P.D. and have it transferred into my name (from theirs). I vaguely recall a delay once because they hadn't had time to go register something that came in for me, and it took about a week or so for their registration to go through before they could give it to me to complete transfer/registration. As for the FFL having to acquire a permit in order to receive the gun... not sure how that would work. I'll post if I hear back from my FFL.

Where did you hear that?

OGC and SEC.

I guess HPD has a rule for county to county transfer of handguns that require the receiving FFL to apply for a handgun permit. It does not apply to rifles from what I gathered and is only required on Oahu as much as I can figure out at this point.

WTF

How can an FFL register a gun they do not own (assuming FFL transfer here)?

Permits to acquire, are for acquiring ownership - clearly spelled out in HRS 134-2 (a) "No person shall acquire the ownership of a firearm ..."

FFL's don't acquire ownership of a firearm in an FFL transfer. Per ATF, an FFL simply "assists" in the transfer of ownership of a firearm across state lines.

Given the FFL does not acquire ownership, why would they need a permit to acquire [ownership]?

Ask them what law this policy is based off. They can't just make up new rules (well they can, but you know what I mean).

I am not a lawyer.

How can an FFL register a gun they do not own (assuming FFL transfer here)?

Permits to acquire, are for acquiring ownership - clearly spelled out in HRS 134-2 (a) "No person shall acquire the ownership of a firearm ..."

FFL's don't acquire ownership of a firearm in an FFL transfer. Per ATF, an FFL simply "assists" in the transfer of ownership of a firearm across state lines.

Given the FFL does not acquire ownership, why would they need a permit to acquire [ownership]?

Ask them what law this policy is based off. They can't just make up new rules (well they can, but you know what I mean).

I am not a lawyer.

I am no lawyer either but this is what was told to me by both OGC and SEC when I inquired about purchasing a pistol to be sent to Kauai. From what I gathered this is only a requirement by HPD and not the other county PDs. I may be wrong about that one so anybody that has more info please share. It appears that internet sales are exempt due to jurisdictional limitations i.e. out of state sales can not be governed by county laws. Again I too am no lawyer just trying to understand WTF this is for and what the schatz this is all about.

Yup it's a pain in da butt

I am no lawyer either but this is what was told to me by both OGC and SEC when I inquired about purchasing a pistol to be sent to Kauai. From what I gathered this is only a requirement by HPD and not the other county PDs. I may be wrong about that one so anybody that has more info please share. It appears that internet sales are exempt due to jurisdictional limitations i.e. out of state sales can not be governed by county laws. Again I too am no lawyer just trying to understand WTF this is for and what the schatz this is all about.

My point is - if someone were to "break" this - what would they be charged with? Remember HPD is not the one that brings charges. I realize people don't want to be a guinea pig; but I'm very skeptical anything would happen.

My point is - if someone were to "break" this - what would they be charged with? Remember HPD is not the one that brings charges. I realize people don't want to be a guinea pig; but I'm very skeptical anything would happen.

Um…there is no way for me to move a pistol from Oahu to Kauai with following these rules unless I fly over to pick it up in person. If you did it would not be unlike possessing an unregistered firearm I would think.

From my FFL in Hilo (re "Anybody hear of a new rule that pistols being sold to the outer islands now require your FFL to file for a hand gun permit to receive said pistol? Then the pistol needs to be transferred from the FFL to the buyer, since when was this in place???"):

"That's the way Honolulu county interprets the law. They require all dealers to get a permit and register just like everyone else. I refuse to do it and don't accept transfers from Honolulu."

Um…there is no way for me to move a pistol from Oahu to Kauai with following these rules unless I fly over to pick it up in person. If you did it would not be unlike possessing an unregistered firearm I would think.

You'd be well within the 5 day grace period HRS 134-3(b) gives you. If I go buy a long gun tomorrow, technically I possess an unregistered firearm, but I am given time to register it.

You'd be well within the 5 day grace period HRS 134-3(b) gives you. If I go buy a long gun tomorrow, technically I possess an unregistered firearm, but I am given time to register it.

You seem way off on what my OP was about. I can't buy a pistol from a store on Oahu and have it shipped to Kauai unless by FFL applies for a permit to acquire and then transfer it to me. County to county transfers require this, out of state transfers are exempt. Plus this is only required by HPD, no other county PD's require this. I was able to clarify this in the forum with information from those that know. That is all my post is about nothing more, it is not about grace periods and is nothing about long guns…PISTOLS only.

From my FFL in Hilo (re "Anybody hear of a new rule that pistols being sold to the outer islands now require your FFL to file for a hand gun permit to receive said pistol? Then the pistol needs to be transferred from the FFL to the buyer, since when was this in place???"):

"That's the way Honolulu county interprets the law. They require all dealers to get a permit and register just like everyone else. I refuse to do it and don't accept transfers from Honolulu."

How can they? Dealers are usually an 'entity' not a person right (i.e. the LGS name etc.). I wish we could apply our interpretation of the law as we wish…2nd Amendment. Thats another thread. My FFL here on Kauai is looking into the process with HPD and I will update later, probably Monday or so 'cause the weekend.

You seem way off on what my OP was about. I can't buy a pistol from a store on Oahu and have it shipped to Kauai unless by FFL applies for a permit to acquire and then transfer it to me. County to county transfers require this, out of state transfers are exempt. Plus this is only required by HPD, no other county PD's require this. I was able to clarify this in the forum with information from those that know. That is all my post is about nothing more, it is not about grace periods and is nothing about long guns…PISTOLS only.

And what law would be violated here? Like I already said, they can make up whatever rules they want and I understand no FFL is going to risk this - but at the end of the day I have yet to see a law that requires this.

I understand that Oahu FFL's are going to listen to what HPD says - HPD's statements have absolutely no bearing on what the law actually is. If you want clarity get it from the AG.

And what law would be violated here? Like I already said, they can make up whatever rules they want and I understand no FFL is going to risk this - but at the end of the day I have yet to see a law that requires this.

I understand that Oahu FFL's are going to listen to what HPD says - HPD's statements have absolutely no bearing on what the law actually is. If you want clarity get it from the AG.

Your killing me dude. Your so off. troll troll troll as you wish. with me your done. clown.