How to legally take guns out of/into Hawaii? DUMB LAW (Read 31224 times)

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Re: How to legally take guns out of/into Hawaii? DUMB LAW
« Reply #20 on: September 17, 2011, 11:25:15 AM »
Different statutes but same difference.

[§134-23]  Place to keep loaded firearms other than pistols and revolvers; penalty.  (a)  Except as provided in section 134-5, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:
     (1)  A place of repair;
     (2)  A target range;
     (3)  A licensed dealer's place of business;
     (4)  An organized, scheduled firearms show or exhibit;
     (5)  A place of formal hunter or firearm use training or instruction; or
     (6)  A police station.
     "Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.
     (b)  Any person violating this section by carrying or possessing a loaded firearm other than a pistol or revolver shall be guilty of a class B felony. [L 2006, c 66, pt of §1]

[§134-24]  Place to keep unloaded firearms other than pistols and revolvers; penalty.  (a)  Except as provided in section 134-5, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:
     (1)  A place of repair;
     (2)  A target range;
     (3)  A licensed dealer's place of business;
     (4)  An organized, scheduled firearms show or exhibit;
     (5)  A place of formal hunter or firearm use training or instruction; or
     (6)  A police station.
     "Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.
     (b)  Any person violating this section by carrying or possessing an unloaded firearm other than a pistol or revolver shall be guilty of a class C felony. [L 2006, c 66, pt of §1]

[§134-25]  Place to keep pistol or revolver; penalty.  (a)  Except as provided in sections 134-5 and 134-9, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:
     (1)  A place of repair;
     (2)  A target range;
     (3)  A licensed dealer's place of business;
     (4)  An organized, scheduled firearms show or exhibit;
     (5)  A place of formal hunter or firearm use training or instruction; or
     (6)  A police station.
     "Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.
     (b)  Any person violating this section by carrying or possessing a loaded or unloaded pistol or revolver shall be guilty of a class B felony. [L 2006, c 66, pt of §1]
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

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gotblika

Re: How to legally take guns out of/into Hawaii? DUMB LAW
« Reply #21 on: September 17, 2011, 01:59:22 PM »
I still don't see what the issue is ??? If you're taking it on the plane with you, you're complying with the above HRS. Shipping falls Federal Statutes I would think. I haven't really looked at the HRS for shipping.

Funtimes

Re: How to legally take guns out of/into Hawaii? DUMB LAW
« Reply #22 on: September 17, 2011, 07:48:58 PM »
134-6 was replaced with 134-24  through 26. 

FOPA (Firearm Owners Protection Act) Only applies to people traveling through the State, and it does not apply to airlines.  If they wanted too.. they could hem you up for a felony.
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Travboi

Re: How to legally take guns out of/into Hawaii? DUMB LAW
« Reply #23 on: September 22, 2011, 10:00:37 AM »
134-6 was replaced with 134-24  through 26. 

FOPA (Firearm Owners Protection Act) Only applies to people traveling through the State, and it does not apply to airlines.  If they wanted too.. they could hem you up for a felony.

So this means i cant fly with my gun to the mainland? And my gun cant fly back with me?

Tom_G

Re: How to legally take guns out of/into Hawaii? DUMB LAW
« Reply #24 on: September 22, 2011, 11:07:59 AM »
134-6 was replaced with 134-24  through 26. 

FOPA (Firearm Owners Protection Act) Only applies to people traveling through the State, and it does not apply to airlines.  If they wanted too.. they could hem you up for a felony.


So this means i cant fly with my gun to the mainland? And my gun cant fly back with me?


Don't panic, Travboi!  People travel back and forth with firearms regularly.  The point of the OP was that, the way Hawaii's laws are written, it is technically illegal to do so.  Call it an oversight, a mistake, whatever.  However, no one is being pulled out of line at the airport and arrested.  No one is calling in names from the post office.  It's just another example of how nonsensical Hawaii's gun laws are.
« Last Edit: September 22, 2011, 01:44:30 PM by Tom_G »
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

Pizzo

Re: How to legally take guns out of/into Hawaii? DUMB LAW
« Reply #25 on: September 22, 2011, 12:55:14 PM »
So, how the heck do we fly with our firearms and whats the process to do so??  ???

If anybody has done so, recently, I would love to hear about the experience!! Any details/info would be greatly appreciated!!  :shaka:

vooduchikn

Re: How to legally take guns out of/into Hawaii? DUMB LAW
« Reply #26 on: September 22, 2011, 01:01:25 PM »
So, how the heck do we fly with our firearms and whats the process to do so??  ???

If anybody has done so, recently, I would love to hear about the experience!! Any details/info would be greatly appreciated!!  :shaka:

The process here is the same for every other state.  Each airline has thier own guidlines. 

Go to the respective airline's website that you are going to travel on and read up. Very straightforward.

Never had an issue flying in or out of Hawaii (or anywhere else for that matter) Multiple times, multiple firearms.
Relax, I've banned myself..

Pizzo

Re: How to legally take guns out of/into Hawaii? DUMB LAW
« Reply #27 on: September 22, 2011, 02:20:21 PM »
So, how the heck do we fly with our firearms and whats the process to do so??  ???

If anybody has done so, recently, I would love to hear about the experience!! Any details/info would be greatly appreciated!!  :shaka:

The process here is the same for every other state.  Each airline has thier own guidlines. 

Go to the respective airline's website that you are going to travel on and read up. Very straightforward.

Never had an issue flying in or out of Hawaii (or anywhere else for that matter) Multiple times, multiple firearms.
Thanks Vooduchikn, I checked out a couple of airlines rules/regulations and it does seem pretty simple. It's strange that we can fly with our firearms but it's extremely difficult to ship/mail them..... :wtf:?! I guess it's jus another example of Hawaii's jacked up gun laws!!

vooduchikn

Re: How to legally take guns out of/into Hawaii? DUMB LAW
« Reply #28 on: September 22, 2011, 02:32:36 PM »
So, how the heck do we fly with our firearms and whats the process to do so??  ???

If anybody has done so, recently, I would love to hear about the experience!! Any details/info would be greatly appreciated!!  :shaka:

The process here is the same for every other state.  Each airline has thier own guidlines. 

Go to the respective airline's website that you are going to travel on and read up. Very straightforward.

Never had an issue flying in or out of Hawaii (or anywhere else for that matter) Multiple times, multiple firearms.
Thanks Vooduchikn, I checked out a couple of airlines rules/regulations and it does seem pretty simple. It's strange that we can fly with our firearms but it's extremely difficult to ship/mail them..... :wtf:?! I guess it's jus another example of Hawaii's jacked up gun laws!!

It is not JUST Hawaii's laws. Don't forget that you can also carry up to 11lbs (most airlines) of ammo in "original" packaging.  Needs to be separate from firearm. I just toss them in my luggage and then the pistol case (locked) inside the same bag and then put a TSA lock on the luggage.
Relax, I've banned myself..

Travboi

Re: How to legally take guns out of/into Hawaii? DUMB LAW
« Reply #29 on: September 22, 2011, 03:11:49 PM »
134-6 was replaced with 134-24  through 26. 

FOPA (Firearm Owners Protection Act) Only applies to people traveling through the State, and it does not apply to airlines.  If they wanted too.. they could hem you up for a felony.


So this means i cant fly with my gun to the mainland? And my gun cant fly back with me?


Don't panic, Travboi!  People travel back and forth with firearms regularly.  The point of the OP was that, the way Hawaii's laws are written, it is technically illegal to do so.  Call it an oversight, a mistake, whatever.  However, no one is being pulled out of line at the airport and arrested.  No one is calling in names from the post office.  It's just another example of how nonsensical Hawaii's gun laws are.


Thanks. Im going to Nevada for Christmas and I dont think I want to leave my Kimber in the house with noone home

HiCarry

Re: How to legally take guns out of/into Hawaii? DUMB LAW
« Reply #30 on: September 23, 2011, 08:48:22 AM »
So, how the heck do we fly with our firearms and whats the process to do so??  ???

If anybody has done so, recently, I would love to hear about the experience!! Any details/info would be greatly appreciated!!  :shaka:

The process here is the same for every other state.  Each airline has thier own guidlines. 

Go to the respective airline's website that you are going to travel on and read up. Very straightforward.

Never had an issue flying in or out of Hawaii (or anywhere else for that matter) Multiple times, multiple firearms.
Thanks Vooduchikn, I checked out a couple of airlines rules/regulations and it does seem pretty simple. It's strange that we can fly with our firearms but it's extremely difficult to ship/mail them..... :wtf:?! I guess it's jus another example of Hawaii's jacked up gun laws!!

It is not JUST Hawaii's laws. Don't forget that you can also carry up to 11lbs (most airlines) of ammo in "original" packaging.  Needs to be separate from firearm. I just toss them in my luggage and then the pistol case (locked) inside the same bag and then put a TSA lock on the luggage.
There is nothing in either TSA's rules or any of the airlines rules that I have reviewed that prevent properly enclosed/encased ammunition from being in the same hardsided, locked container that your firearm(s) are in as long as they do not exceed the weight restriction......I had this very same issue come up with Hawaiian several months ago and I asked them to produce their policy about this. They could not and after about 15-20 minutes of "discussion" with a supervisor, it was determined I was correct and they were wrong....I suggest that you read and print out (and carry with you while traveling) the TSA and the airline's rules. I routinely do this and also highlight the section (on the TSA's page) about ammo being stored in the same case because it has happened several times.....(disclaimer: I almost always travel with my firearm when I fly to the mainland)

vooduchikn

Re: How to legally take guns out of/into Hawaii? DUMB LAW
« Reply #31 on: September 23, 2011, 02:40:28 PM »
So, how the heck do we fly with our firearms and whats the process to do so??  ???

If anybody has done so, recently, I would love to hear about the experience!! Any details/info would be greatly appreciated!!  :shaka:

The process here is the same for every other state.  Each airline has thier own guidlines. 

Go to the respective airline's website that you are going to travel on and read up. Very straightforward.

Never had an issue flying in or out of Hawaii (or anywhere else for that matter) Multiple times, multiple firearms.
Thanks Vooduchikn, I checked out a couple of airlines rules/regulations and it does seem pretty simple. It's strange that we can fly with our firearms but it's extremely difficult to ship/mail them..... :wtf:?! I guess it's jus another example of Hawaii's jacked up gun laws!!

It is not JUST Hawaii's laws. Don't forget that you can also carry up to 11lbs (most airlines) of ammo in "original" packaging.  Needs to be separate from firearm. I just toss them in my luggage and then the pistol case (locked) inside the same bag and then put a TSA lock on the luggage.
There is nothing in either TSA's rules or any of the airlines rules that I have reviewed that prevent properly enclosed/encased ammunition from being in the same hardsided, locked container that your firearm(s) are in as long as they do not exceed the weight restriction......I had this very same issue come up with Hawaiian several months ago and I asked them to produce their policy about this. They could not and after about 15-20 minutes of "discussion" with a supervisor, it was determined I was correct and they were wrong....I suggest that you read and print out (and carry with you while traveling) the TSA and the airline's rules. I routinely do this and also highlight the section (on the TSA's page) about ammo being stored in the same case because it has happened several times.....(disclaimer: I almost always travel with my firearm when I fly to the mainland)

HICARRY,  you are 100% correct.  They can be in the same hard locked case.  I too have had questions from TSA about this.  When I say  separate, I mean cannot be loose in the box or loaded in magazines. They need to be in original packaging, although I have carried them in plastic reload cases without issue.  I have carried ammo both ways, in the gun box and just in the luggage.

I ALWAYS carry a gun or two when traveling to the mainland.
Relax, I've banned myself..

Pizzo

Re: How to legally take guns out of/into Hawaii? DUMB LAW
« Reply #32 on: September 23, 2011, 10:09:13 PM »
So, how the heck do we fly with our firearms and whats the process to do so??  ???

If anybody has done so, recently, I would love to hear about the experience!! Any details/info would be greatly appreciated!!  :shaka:

The process here is the same for every other state.  Each airline has thier own guidlines. 

Go to the respective airline's website that you are going to travel on and read up. Very straightforward.

Never had an issue flying in or out of Hawaii (or anywhere else for that matter) Multiple times, multiple firearms.
Thanks Vooduchikn, I checked out a couple of airlines rules/regulations and it does seem pretty simple. It's strange that we can fly with our firearms but it's extremely difficult to ship/mail them..... :wtf:?! I guess it's jus another example of Hawaii's jacked up gun laws!!

It is not JUST Hawaii's laws. Don't forget that you can also carry up to 11lbs (most airlines) of ammo in "original" packaging.  Needs to be separate from firearm. I just toss them in my luggage and then the pistol case (locked) inside the same bag and then put a TSA lock on the luggage.
There is nothing in either TSA's rules or any of the airlines rules that I have reviewed that prevent properly enclosed/encased ammunition from being in the same hardsided, locked container that your firearm(s) are in as long as they do not exceed the weight restriction......I had this very same issue come up with Hawaiian several months ago and I asked them to produce their policy about this. They could not and after about 15-20 minutes of "discussion" with a supervisor, it was determined I was correct and they were wrong....I suggest that you read and print out (and carry with you while traveling) the TSA and the airline's rules. I routinely do this and also highlight the section (on the TSA's page) about ammo being stored in the same case because it has happened several times.....(disclaimer: I almost always travel with my firearm when I fly to the mainland)

HICARRY,  you are 100% correct.  They can be in the same hard locked case.  I too have had questions from TSA about this.  When I say  separate, I mean cannot be loose in the box or loaded in magazines. They need to be in original packaging, although I have carried them in plastic reload cases without issue.  I have carried ammo both ways, in the gun box and just in the luggage.

I ALWAYS carry a gun or two when traveling to the mainland.
HICarry and Vooduchikn, thanx a lot for the feedback.....big mahalo'z!!  :shaka:
This is exactly what I needed to know, especially in regards to your personal experiences and routines!! I especially thought the idea of printing out the rules/regulations regarding flying with firearms/ammo was great!! I'm sure I'll be more prepared and may even know more about the procedure than the some of the wonderful TSA agents working at the airport the next time I fly....LOL!!
Thanx again guys!! ;D

Mr. Farknocker

Re: How to legally take guns out of/into Hawaii? DUMB LAW
« Reply #33 on: October 27, 2011, 11:21:27 AM »
If you transport firearms in the manner allowed (i.e. enclosed container, etc.) between your business, residence or sojourn to your business, residence or sojourn or any of the other enumerated places described in HRS Sec. 134-23 and 24, you may do so without violating Chapter 134. Thus, you couldconceivably transport a firearm from your home in Hawaii (i.e., residence) to your hotel room in Las Vegas (sojourn) without violating Chapter 134, HRS. The manner and method of carry and transporting your firearm, however, is largely governed by Federal Law.

Since the transportation of firearms between States involves interstate commerce, the U.S. Congress, through the interstate commerce clause, has promulgated a crap load of laws and regulations affecting the manner one may transport firearms, including without limitation,
The Gun Control Act of 1968 [18 U.S.C. Chap. 44; 27 CFR Part 478],
The National Firearms Act [26 U.S.C. Chap. 23/ 27 CFR 279],
Arms Export Control Act [28 U.S.C. Chap. 2778/27 CFR 447],
The National Instant Criminal Background Check System Regulations [28 CFR Part 25], and
18 U.S.C. Section 1715 which prohibits the mailing of certain firearms.

If you have a lot of time on your hands or are looking for additional toilet reading material, download and read the Federal Firearms Regulations Reference Guide 2005 published by the ATF which can be found here:

http://www.pdfdownload.org/pdf2html/view_online.php?url=http%3A%2F%2Fpermanent.access.gpo.gov%2Flps41631%2F2005%2Fp53004.pdf
« Last Edit: October 27, 2011, 10:45:52 PM by Mr. Farknkocker »