When Hawaii's CCW laws are changed, what would you like to see? (Read 5878 times)

HiCarry

I am curious. When (not if...) Hawaii is either forced by the courts to change the current laws pertaining to the issuance of a concealed carry permit (from "May" to "Shall"), or if a bill is introduced for the same purpose, what should Hawaii's "new" concealed carry law(s) be?

Here's a few things to consider:

Training - Should there be mandated training? If so, how much and what should it consist of?

Restrictions on where you can carry- Are there any places you shouldn't be able to carry your legal firearm? Should there be any other restrictions, such as drinking and carrying?

Reciprocity- Should Hawaii recognize other state's permits?

Renewals/Fees - How often should the permits be renewed and how much should it cost?

Anything I missed?

macsak

Re: When Hawaii's CCW laws are changed, what would you like to see?
« Reply #1 on: October 08, 2014, 12:56:45 PM »
I am curious. When (not if...) Hawaii is either forced by the courts to change the current laws pertaining to the issuance of a concealed carry permit (from "May" to "Shall"), or if a bill is introduced for the same purpose, what should Hawaii's "new" concealed carry law(s) be?

Here's a few things to consider:

Training - Should there be mandated training? If so, how much and what should it consist of?

Restrictions on where you can carry- Are there any places you shouldn't be able to carry your legal firearm? Should there be any other restrictions, such as drinking and carrying?

Reciprocity- Should Hawaii recognize other state's permits?

Renewals/Fees - How often should the permits be renewed and how much should it cost?

Anything I missed?

i am thinking what we want is going to be VERY different from what we get
 :grrr:

macsak

Re: When Hawaii's CCW laws are changed, what would you like to see?
« Reply #2 on: October 08, 2014, 01:00:10 PM »
i am thinking what we want is going to be VERY different from what we get
 :grrr:

ok, i guess i have to answer your question too
 :shaka:

training- one day max, laws and theories/scenarios
restrictions- minimal
reciprocity- yes
renewals/fees- multi-year $100/year

punaperson

Re: When Hawaii's CCW laws are changed, what would you like to see?
« Reply #3 on: October 08, 2014, 01:55:40 PM »
I am curious. When (not if...) Hawaii is either forced by the courts to change the current laws pertaining to the issuance of a concealed carry permit (from "May" to "Shall"), or if a bill is introduced for the same purpose, what should Hawaii's "new" concealed carry law(s) be?

Bills have been introduced that past few sessions by both Senators Slom and Gabbard. I like Gabbard's version a little better because he suggests lower fees. No matter what bill is inrroduced, it will not get a committee hearing, much less a committee vote, much less a vote before the entire Senate, much less a vote before both houses, much less pass get to the governor's desk. Other than that, the chances are good. Except even Chuck Michel (litigator of Peruta) believes that if en banc is granted there is a high probability that it will be overturned. So we're talking years on a final decision there (more than enough time for our legislators to craft the "perfect" law). But I'll play the game, from two sides....

Here's a few things to consider:

Training - Should there be mandated training? If so, how much and what should it consist of?

Me: Eight [8] hours weeknight or weekend, combined classroom (legal, safety, etc.) and range. Max cost $100. One time, good for life.

Our Hawaii Public Servant Legislators: Forty (40) hours, weekdays only, no weekend or night classes. Must be taught by current law enforcement employees of the state. Includes extensive background check, new fingerprinting, required mandatory "voluntary" rescinding of all mental and physical health privacy re records, etc. Examination at end of class to include written and "practical" tests, as well a psychiatric evaluation by "state approved" psychiatrist. A pass rate of more than 50% of the class invalidates the entire class, as we know people in Hawaii are neither that smart nor that responsible nor that mentally healthy, especially people who want to own guns and carry them in public. Minimum cost: $1000. Good for one year (but requires renewal every 90 days along with mental health exam [see below]). Class must be repeated every year.

Restrictions on where you can carry- Are there any places you shouldn't be able to carry your legal firearm? Should there be any other restrictions, such as drinking and carrying?

Me: Same restrictions of locations, impairment, etc. as law enforcement. 

Our Hawaii Public Servant Legislators: No carry outside a 100 foot perimeter around the home/property or workplace. Must get special use permit (three week waiting period) for each occasion when wanting to carry in a vehicle or at another residence. No exceptions. Class A felony and automatic $10,000 fine if caught carrying 101 feet from your property line. Mandate "smart gun" technology with GPS capability with 24/7/365 recording to computer recorded and checked for violations.

Reciprocity- Should Hawaii recognize other state's permits?

Me: Yes. And other states should recognize Hawaii's licenses. Better yet, national reciprocity like drivers licenses, which would include a big F YOU to Maryland, New Jersey, New York, Massachusetts, Connecticut, Hawaii, etc.

Our Hawaii Public Servant Legislators: Hells NO! Good only for Hawaii, and continued no recognition of what those stupid ignorant hillbilly red-neck states do.

Renewals/Fees - How often should the permits be renewed and how much should it cost?

Me: Ten (10) dollars per year. Done via mail, or email or a phone call. No F-ing three trips to the police station during weekday working hours.

Our Hawaii Public Servant Legislators: Renewal every 90 days (same as required mental health exam), but must pay the $1000 (one thousand) annual fee up front (plus just post another $1000 to pay for the 4 mental health exams).

Anything I missed?

sworbeyegib

Re: When Hawaii's CCW laws are changed, what would you like to see?
« Reply #4 on: October 08, 2014, 03:10:14 PM »
I'm also curious to whether our laws will be strictly concealed, or if open carry will be on the table. Obviously not to be one of those idiots carrying around a rifle to prove a point... but because we live in a very hot and muggy state. Fully concealing a pistol is a bit harder when I'm wearing a tank top 80% of the time I'm not at work. Open carry laws protect citizens who wish to carry discreetly, but are inconvenienced by having to fully conceal.

Training- Obviously a basic safety class, even though anyone applying for a permit likely has already taken a safety course in order to buy the pistol. The focus of the class should be discussing legalities or lethal force. One day is usually enough. But an optional two day course that involves live fire training would be a nice option.

Restrictions- Obviously, federally mandated "gun free zones" will be in full affect.

As far as private businesses not allowing firearms on their property, while I don't agree with them doing it... I fully support the right of private businesses to choose to do so. Of course that won't be "law", rather just a policy. They can't call the cops on you just for carrying on their premises, but they can ask you to leave. If you refuse to leave, only then can they trespass you.

Guns and booze do not mix. But I do not know of the "line" that is set in regards to drinking and having a CCW, much like the minimum blood alcohol level for driving. Binge drinking in Waikiki til 4am? Obviously a bad idea. Having a beer with your lunch at Chili's? Doesn't seem like a big deal. But where do we establish that line to be.

Reciprocity? That probably depends on what hoops we have to jump thru to get our permit. Ideally it would be a two way street, but we will see what happens.

Renewal- I don't see a lifetime CCW permit happening. The absolute MINIMUM should be a 5 year renewal, that does not require any recertification.

HiCarry

Re: When Hawaii's CCW laws are changed, what would you like to see?
« Reply #5 on: October 08, 2014, 03:15:10 PM »
Punaperson: I understand that bills have been introduced many times, and that the likelihood of them reaching a committee hearing is small. That being said, I think another bill will be introduced this session, and if we can rally enough support, who know what may happen. We may get lucky. And, if we do, we need to be prepared to offer up some suggestions.

From a purely negotiations standpoint, I think the first offer should be simply changing the wording of the statues from "May" to "Shall." Nothing more. Why, because why would we want to start negotiations somewhere other than the lowest possible place. Sort of like asking for a 100% reduction in a bill when you know you will accept 50%....If you start negotiations at 50% you know you'll never get it.

From a more "reasonable" viewpoint, here is what I think:

Training - Minimal, maybe 4 hours at most. Include Hawaii laws, a practical exam demonstrating competence in basic handling and presentation, and a scored shoot. Something at reasonable self-defense distances, certainly no more than 10 yards. 

Restrictions on where you can carry- Federal buildings as mandated by Federal law.

Reciprocity- Yes, with an agreement that those states with Constitutional Carry can do so here.

Renewals/Fees - No more than $25-50 for a 5 year term. Re-certification by mail.



Tom_G

Re: When Hawaii's CCW laws are changed, what would you like to see?
« Reply #6 on: October 08, 2014, 03:15:50 PM »
I support nearly-unregulated carry, with training incentivized.

Permits are required and will be shall-issue, with exceptions for those who fail NICS or are adjudicated nuts.  Permits are good for 5 years.  Cost is $100, but is reduced by 20% for each year proof is demonstrated that the bearer has attended a certified training class (therefore if you trained every year, the permit would be free).  List of certified class to be approved by me. 

Full reciprocity.  If you can carry anywhere, you can carry here.

No limitations on carry locations.  Federal locations subject to Federal guidelines.  All state locations explicitly to allow carry.  Businesses, private institutions, etc. allowed to make their own policies.

Carrying while impaired to follow the same guidelines as driving. 



Training - Should there be mandated training? If so, how much and what should it consist of?

Restrictions on where you can carry- Are there any places you shouldn't be able to carry your legal firearm? Should there be any other restrictions, such as drinking and carrying?

Reciprocity- Should Hawaii recognize other state's permits?

Renewals/Fees - How often should the permits be renewed and how much should it cost?

Anything I missed?
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

punaperson

Re: When Hawaii's CCW laws are changed, what would you like to see?
« Reply #7 on: October 08, 2014, 03:56:43 PM »
Punaperson: I understand that bills have been introduced many times, and that the likelihood of them reaching a committee hearing is small. That being said, I think another bill will be introduced this session, and if we can rally enough support, who know what may happen. We may get lucky. And, if we do, we need to be prepared to offer up some suggestions.

Lucky? Lucky enough that 51% of the 90% of the legislature that opposes "assault weapons" and demands full registration of every firearm (including unusable, unserviceable antiques (a law also supported by Hawaii Rifle Association... talk about a place to start negotiations!), etc. will either "change their mind" or be replaced in the upcoming election? That'd be so far beyond "luck" that you'll have to invent a new word. Ain't gonna happen, short of revolution. The Slom and Gabbard CCW bills covered the main points in "reasonable" ways. The proverbial snowball in hell chance... Unless... somehow Peruta was upheld and finalized with no stays and no pending appeals... THEN the legislature may want to craft their own restrictive CCW law. Maybe I'm just too cynical/realistic.

From a purely negotiations standpoint, I think the first offer should be simply changing the wording of the statues from "May" to "Shall." Nothing more. Why, because why would we want to start negotiations somewhere other than the lowest possible place. Sort of like asking for a 100% reduction in a bill when you know you will accept 50%....If you start negotiations at 50% you know you'll never get it.
I revise my points above. I advocate Constitutional carry, similar to Vermont, Arizona and Alaska. No government intervention, registration, permitting, fees, approvals, discretion, exams, licenses, paperwork, nor any other meddling in the exercise of natural inalienable rights. Same as for purchase and ownership of a hammer, machete, nail gun, etc. How about that for a starting point? And an end point. Period. If someone harms another person (with or without a gun (open carry or CCW or in the nightstand, whatever)), then the government may intervene to stop the harm, or prevent the criminal from harming others. No harm, no government involvement. Period.
« Last Edit: October 08, 2014, 04:04:39 PM by punaperson »

macsak

Re: When Hawaii's CCW laws are changed, what would you like to see?
« Reply #8 on: October 08, 2014, 03:58:48 PM »
I support nearly-unregulated carry, with training incentivized.

Permits are required and will be shall-issue, with exceptions for those who fail NICS or are adjudicated nuts.  Permits are good for 5 years.  Cost is $100, but is reduced by 20% for each year proof is demonstrated that the bearer has attended a certified training class (therefore if you trained every year, the permit would be free).  List of certified class to be approved by me. 

Full reciprocity.  If you can carry anywhere, you can carry here.

No limitations on carry locations.  Federal locations subject to Federal guidelines.  All state locations explicitly to allow carry.  Businesses, private institutions, etc. allowed to make their own policies.

Carrying while impaired to follow the same guidelines as driving.

Tom_G for Governor!

Tom_G

Re: When Hawaii's CCW laws are changed, what would you like to see?
« Reply #9 on: October 08, 2014, 04:30:53 PM »
Tom_G for Governor!

I accept your nomination!
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

HiCarry

Re: When Hawaii's CCW laws are changed, what would you like to see?
« Reply #10 on: October 08, 2014, 05:04:23 PM »
I accept your nomination!
You got my vote!!

Rocky

“I ask you to judge me by the enemies I have made.”
                                                           Franklin D. Roosevelt

eyeeatingfish

Re: When Hawaii's CCW laws are changed, what would you like to see?
« Reply #12 on: October 09, 2014, 10:48:56 AM »
I reserve the right to change my proposed regulations based one new things learned through discussion
My personal version of the regulations would be as follows:

1. A CCW oriented firearm safety course totaling 16 hours required. Course must contain 4 hours of range time shooting firearms firing a minimum of 200 rounds and 3-4 hours devoted to educating on the legal issues involving use of force. Course must also cover the drawign of the firearm safely as well as instruct on issues involving over penetration/backdrop. (basically offer education similar to law enforcement officers done to eliminate innocent bystanders being shot) Course to be taught by certified instructor. Course may be government offered or privately offered. CCW course good for persons lifetime, Perhaps a 1 hour proficieny couse could be required every 2-5 years to ensure that CCW holders are kept proficient on basic firearm handeling skills. Such a profficieny exam could be administered by the police department and have a set minimum shooting score to pass?. Records of the students course work must be kept for 10 years so as to discourage people from offering bogus classes to cheat the system.  Also someone with certain types of formal training may be exempt from the course requirement such as police officers, certified firearms instructors, maybe former military personel etc.

2. Fee for CCW license between $50 and $100 to be good for 5 years before renewal. Photo to be on CCW license. List of CCW licensees shall not be public information.
3. CCW license applicant must pass same vision test required of driver's license holder.
4. CCW license must be carried anytime the licensee is carrying the firearm
5. CCW license must be presented to law enforcement officer when the officer is investigating incident where CCW weapon became involved.
6. No firearm shall be carried if the CCW license holder has a alcohol intoxication level above 0.05% (consistent with DUI law involving accident)
7. No firearms shall be carried if the CCW license holder is under the influence of a drug that impairs someone (I would again use the DUI standards here)
8. No CCW in establishments whose business is primarily alcohol service.
9. A process must exist for the revocation of a CCW license by the courts. (left vague for now as I am not sure exactly what situations I feel would warrant revoking a CCW license)
10. When a person who is CCW is interacting with an officer, it is advised (but not required) that the licensee informs the officer of the fact a weapon is present.
11. A private business has the right to refuse entry of someone who is CCW. (the CCW license does not supercede businesses right to control it's premises)
12. CCW firearm shall not be displayed publicly without good justification.
13. No CCW while on a substance abuse treatment program.

As for reciprocity I would say that for now I think Hawaii should only recognize CCW license from states that have a similar CCW oriented firearm safety course requirement. A list of which states meet those requirements would need to be made.
« Last Edit: October 09, 2014, 12:18:25 PM by eyeeatingfish »