Question on transfer and limit of guns? (Read 3482 times)

AmbuBadger

Question on transfer and limit of guns?
« on: June 25, 2011, 06:23:58 PM »
I read the HRS and understand it to mean that nobody under 21 may purchase a firearm, but the first line in HRS 134-4 states:

"No transfer of any rifle by any person under the age of eighteen."  [url]http://www.honolulupd.org/info/gun134-4.htm/url]

Maybe this is a stupid question, but does this simply mean I can transfer any rifle/shotgun to any person 18+ who has a valid rifle permit? I'm not planning to buy a firearm for someone, but rather transfer mine to her; she is legally allowed to own. That also leads to my next question: is there a limit to how many rifles/shotguns may be transferred at a time?
Finally, would my house be too much of a stretch to consider a "place of sojourn" (HRS 134-6 [url]http://www.honolulupd.org/info/gun134-6.htm/url]), even if we're not married and she's not co-signed on the lease?

Much mahalo in advance; I searched through all six pages in Legal & Activism and found zilch...

Funtimes

Re: Question on transfer and limit of guns?
« Reply #1 on: June 25, 2011, 06:30:52 PM »
You don't need house to be a sojourn, its her residence. Sojourn is more like staying at your friends place, or going to a hotel.  We had a case I posted a while back that gave the definition of it.

There is no limit on transfers.

She has to have a permit to acquire the long gun or pistol prior to you "giving" it to her. So sort of!  You can transfer it, but she can't take it :/
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.

AmbuBadger

Re: Question on transfer and limit of guns?
« Reply #2 on: June 25, 2011, 06:41:38 PM »
Thanks for the quick reply! Well, she doesn't live with me, I'm sorry I didn't have that in there from the beginning. She is over at my house often, but her place isn't what I'd consider secure for a firearm, even with the locked safe and all. Basically, I want to give her the .22 she loves shooting as a present, and just have her keep it here-- but I don't want her to get into hot water if some lawyer decides to nail her for "lending" it to me past fifteen days just because it's stored here.

Also, regarding your last statement, I can "transfer" it to her but she cannot take possession until she gets her rifle/shotgun permit, is that correct? I didn't see anything in HRS 134-2 (Permit to Acquire) about her having to be 21+ to put the paperwork in, just to purchase. So as long as she has her permit, the transfer is good? I didn't understand your last statement 100%, thanks so much for the fast response Funtimes!

Funtimes

Re: Question on transfer and limit of guns?
« Reply #3 on: June 25, 2011, 06:47:23 PM »
Chief of police can only issue permits to acquire to 21 years or older.  Doesn't differ between long gun or pistol.   If you are staying in a structure over night, you can pretty much call it your sojourn.  However, that does not apply to vehicles (i.e., can't sleep in car w/ gun).


What I mean is State law doesn't prohibit you from giving someone a gun.  However, state law does prohibit someone under 21 from possessing that gun outside of the limited exemptions in 134-5.
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.

AmbuBadger

Re: Question on transfer and limit of guns?
« Reply #4 on: June 25, 2011, 07:26:49 PM »
Copy, thanks!

Funtimes

Re: Question on transfer and limit of guns?
« Reply #5 on: June 25, 2011, 07:51:01 PM »
Copy, thanks!

No problem at all! Welcome to the forums, glad we could assist you =)!  :thumbsup:
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.