New 2A laws, new "fees", HB710 Shall Issue CCW Law pending introduction, etc. (Read 27787 times)

punaperson

I'm just starting to work my way through the new firearms legislation for this session. There are way too many to read through at once, but upon cursory examination, here are a few highlights and lowlights from my perspective.

This House Bill HB710 introduced by Hamakua representative Mark Nakashima simply strikes the "exceptional case...may" phrase and replaces it with "shall" issue. I like the simplicity, but doubt many legislators would go for that, it's too close to the actual constitutions... well, except that the constitutions don't mention needing any government permission of any kind, at all.

http://www.capitol.hawaii.gov/session2015/bills/HB710_.htm


SB955 by Slom and Gabbard:    Provides protections against burdensome retroactive regulation and lawsuits; prevents frivolous claims against shooting range operators and individuals engaging in target shooting.

http://www.capitol.hawaii.gov/session2015/Bills/SB955_.PDF



From senator Shimakuburo, SB783:

http://www.capitol.hawaii.gov/session2015/bills/SB783_.HTM

Mental Health; Firearm Permit Requirements; Psychological Clearance Requirements

Description:    Specifies that an additional penalty for refusal to submit to a breath, blood, or urine test and requires the surrender of all firearms and ammunition within possession. Requires firearms permit application forms to be accompanied by an affirmation that neither the applicant nor any family or household member is or has been diagnosed with or treated for certain mental disorders and that if the applicant or family or household member is subsequently diagnosed, the applicant shall lock and secure or surrender all firearms and ammunition within 48 hours. Requires payment of a fine of $50 per day of noncompliance with the requirement to lock and secure, or surrender, firearms and ammunition within 48 hours. Specifies failure to pay child or spousal support as a good cause for revocation of a firearm permit or license. Creates an exemption for law enforcement officers.


SB196    Firearms Registration Fee; Firearms Permit to Acquire Fee; Counties [From ESPERO, Galuteria, L. Thielen]

http://www.capitol.hawaii.gov/session2015/bills/SB196_.HTM

Description:    Allows each county council to establish a processing fee for a firearms permit to acquire and firearm registration.

[Yeah, now we get to pay for BOTH EACH permit to acquire AND EACH registration. Waddya guess they're gonna decide is a "fair" fee for each process? One dollar? Or Twenty-five dollars? Here's a hint from the bill: "(d)  A fee of [$10] $25 shall be charged for each license and shall be deposited in the treasury of the county in which the license is granted." So they are not satisfied with merely violating our constitutionally-guaranteed rights by requiring that we ask for and acquire permission from "our" government to keep a firearm, but now we must pay them each time we go ask for the privilege of submitting to their tyranny. Gotta love it. I get the Boston Tea Party thing. Profanities deleted.]

« Last Edit: January 26, 2015, 11:21:20 AM by punaperson »

HiCarry

I love the way the police get an exemption from both the blood/breath/urine test and the failure to pay child support.....if the police are as law abiding as regular citizens why must they need such an exemption?

punaperson

I love the way the police get an exemption from both the blood/breath/urine test and the failure to pay child support.....if the police are as law abiding as regular citizens why must they need such an exemption?
What? You don't support their position as the "only ones" deserving of "special treatment" in exchange for their service in support of the elite?

Actually there is a bill (which I can't recall the number or sponsors at the moment) that would subject them to possible NON-special treatment in cases of domestic abuse where the accused is a police officer, though it really only requires that each county police agency post their policies re such investigations for public viewing (as opposed to not having any policies, or not making them available to the public, or having a (unofficial?) policy of special treatment that they don't want made public). Apparently there have been complaints that when officers go to investigate a domestic violence call and find out they are investigating a fellow officer, it's possible, that sometimes, maybe, the investigating officers used different policies and procedures than had the suspect been a non-officer. I know, that's hard to believe, but the accusation is out there. I guess in the form of 38 formal complaints in the last year on Oahu alone. Go figure. I know here on the Big Island we have had two notorious cases of officers murdering their wives in (obviously) suspicious circumstances, and yet it took years in each case to actually result in prosecution. Just sayin'...

Jdelacruz

Never heard of Mark Nakashima but I'm going to send him a message of thanks for putting that bill up. Also a thank you note to Slom and Gabbard. The others will get a different kind of note from me.

z06psi

I love the way the police get an exemption from both the blood/breath/urine test and the failure to pay child support.....if the police are as law abiding as regular citizens why must they need such an exemption?

Gun owners don't have a public union.  That's all it is.

eyeeatingfish

I love the way the police get an exemption from both the blood/breath/urine test and the failure to pay child support.....if the police are as law abiding as regular citizens why must they need such an exemption?

Police officers are regularly piss tested for drugs. I am not sure why they would be exempted from the child support provision. Maybe because they can use personal guns for duty use?

z06psi

Police officers are regularly piss tested for drugs.

So are the military.  What of it?

z06psi

So we make an unconstitutional law (Registration) and then have no way to support the law (only one spot for 900k people to register) and then want to tax those same people to support the unconstitutional law?  Sounds about right.  Now I wonder why I made the statement about not staying here after retirement.   Hawaii will only get worse as this will be the only bill to pass this year and the justification is liberty robbing.   

eyeeatingfish

So are the military.  What of it?

Then perhaps active duty military should be exempt as well. But the military is not a local government employee. Remember though, I am just speculating.

z06psi

Then perhaps active duty military should be exempt as well. But the military is not a local government employee. Remember though, I am just speculating.

How about no dumbass unconstitutional law in the first place?

edster48

Police officers are regularly piss tested for drugs. I am not sure why they would be exempted from the child support provision. Maybe because they can use personal guns for duty use?

I get regularly piss tested for drugs at my job. Can I be exempt too?  :wacko:
Always be yourself.
Unless you can be a pirate.
Then always be a pirate.

MauiLeatherwork

When will they move on this legislation, and who do we contact to encourage?  Only our local representative?  Or also Gabbard etc?

Incidentally, I asked for a ccw application today in Maui county. They have me one, and I could take it with me.  No problem!  Why?  Because MAUI has 7 pages stapled together and requires a "firearms proficiency test, signed by the instructor, complete with scores".  When I asked, WHO/what/where?  Is this test?  I got a smile, and "I have no idea" answer from the records dept.  they have prohibited me from submitting an application if I can't complete and pass the "mystery" test.  Believe me, I am calling and researching in earnest. This was supposed to be an exercise in applying so they could deny me.  Now I can't even apply!  What a learning experience!

If "may issue" is changed to "shall" issue, that would be amazing

macsak

When will they move on this legislation, and who do we contact to encourage?  Only our local representative?  Or also Gabbard etc?

Incidentally, I asked for a ccw application today in Maui county. They have me one, and I could take it with me.  No problem!  Why?  Because MAUI has 7 pages stapled together and requires a "firearms proficiency test, signed by the instructor, complete with scores".  When I asked, WHO/what/where?  Is this test?  I got a smile, and "I have no idea" answer from the records dept.  they have prohibited me from submitting an application if I can't complete and pass the "mystery" test.  Believe me, I am calling and researching in earnest. This was supposed to be an exercise in applying so they could deny me.  Now I can't even apply!  What a learning experience!

If "may issue" is changed to "shall" issue, that would be amazing

can you send a copy of the app to the HRA, please?

mahalo

MauiLeatherwork

I emailed it this afternoon to the HRA president. Two messages, 7 photos total

macsak

Mahalo
It will be out to good use, I think

eyeeatingfish

How about no dumbass unconstitutional law in the first place?

Well obviously there is some disagreement on that particular issue. (the constitutional part)

z06psi

Taxation is a government infringement on a freedom. Just think if they taxed free speech.

punaperson

When will they move on this legislation, and who do we contact to encourage?  Only our local representative?  Or also Gabbard etc?

The proposed legislation I listed in the opening post are all Hawaii state proposals, and as things develop to committee hearings, etc., some of us here and/or HRA will let people know when and where to submit testimony via email or in person. If you are referring to U.S. Representative Tulsi Gabbard (not her father Hawaii state senator Mike Gabbard), she has nothing to do with those proposed laws above... but she will possibly be voting on California Representative Honda's proposed bills to ban civilian possession (turn 'em all in) of "military grade" body armor (The Responsible Body Armor Possession Act), The Homemade Firearms Accountability Act (I think you can guess), and The Home-Assembled Firearms Restriction Act (ban the purchase and sale of 80% lowers and 3-D printed "guns"). I'm not making this up... read his self-aggrandizing press release here: http://honda.house.gov/news/press-releases/rep-honda-introduces-legislative-package-to-promote-public-safety-in-week-two-of

Incidentally, I asked for a ccw application today in Maui county. They have me one, and I could take it with me.  No problem!  Why?  Because MAUI has 7 pages stapled together and requires a "firearms proficiency test, signed by the instructor, complete with scores".  When I asked, WHO/what/where?  Is this test?  I got a smile, and "I have no idea" answer from the records dept.  they have prohibited me from submitting an application if I can't complete and pass the "mystery" test.  Believe me, I am calling and researching in earnest. This was supposed to be an exercise in applying so they could deny me.  Now I can't even apply!  What a learning experience!

This echoes the experience (written about in another thread) of reporter Emily Miller, who, after Palmer required D.C. to take applications for CCW, applied and discovered that she had to complete a class, and discovered that there were no classes! That has since been remedied, but there are no public shooting ranges in D.C., so I'm not sure where the classes are held, nor how much they cost. Please let us know when Maui P.D. provides you with the information you need to attempt to get their permission to exercise your natural unalienable civil right to bear arms.

If "may issue" is changed to "shall" issue, that would be amazing

"Amazing" is a gross understatement. :shaka:

Heavies

Tagged

MauiLeatherwork

Please let us know when Maui P.D. provides you with the information you need to attempt to get their permission to exercise your natural unalienable civil right to bear arms.

Maui county ccw application update:

I asked a whole list of people about the test, no one knew what it was.  I went back to the records dept today and asked again.  I was politely persistent.  None of the clerks knew, so they sent the supervisor out to help me.  She said there is no definitive test. If there were a specific test, then it would be listed and described. The burden is on the applicant to structure their own proof of firearms proficiency with the oversight of a certified instructor.  This is very interesting. Basically everything is at the discretion of the chief of police, including the firearms proficiency test that the applicant submits. 

At this point I CAN NOT even apply for a ccw.  Sorry, guys. I sure tried!


I am content in my search for information at the moment. It will take me some time to decide whether or not to pursue the "test" on my own. It would require planning, practice, and financial investment.  Until there are any significant changes to the laws, I imagine it is an exercise in futility.  Everyone who knows anything says I absolutely will be denied.  A law enforcement friend said I might have to become a private investigator if I wanted to carry.  Have any of you ever considered that?  A career change just so you can carry?