Does anybody ever get their guns back from HPD? (Read 5522 times)

tundah

Does anybody ever get their guns back from HPD?
« on: October 02, 2011, 11:05:19 AM »
Was registering a new rifle down at HPD earlier this week, and there was this guy in front of me who has spent a year trying to get his guns back after getting a TRO; he didn't have any luck. I believe every time I have been in that line, there is someone who for one reason or another has surrendered their arms to HPD, and  is trying to get them back. They always walk out disappointed and empty handed.  Does anybody know anyone who has ever gotten their firearms back from HPD custody?

2aHawaii

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Re: Does anybody ever get their guns back from HPD?
« Reply #1 on: October 02, 2011, 12:19:35 PM »
One day while I was registering guns, I witnessed someone getting his gun back. It looked like the end of a very long process and like HPD and the guy had come to know each other quite well.

At the end, he said "didn't I turn in ammunition?" The registration guy says no, and the other guy walks off saying "I thought I turned in ammunition."
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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Funtimes

Re: Does anybody ever get their guns back from HPD?
« Reply #2 on: October 02, 2011, 07:30:05 PM »
I know a few people who have gotten their firearms back.  These problems have not gone without our attention.
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Posts are not legal advice & are my own, unless said so.

Colt808

Re: Does anybody ever get their guns back from HPD?
« Reply #3 on: October 02, 2011, 11:19:40 PM »
Was registering a new rifle down at HPD earlier this week, and there was this guy in front of me who has spent a year trying to get his guns back after getting a TRO; he didn't have any luck. I believe every time I have been in that line, there is someone who for one reason or another has surrendered their arms to HPD, and  is trying to get them back. They always walk out disappointed and empty handed.  Does anybody know anyone who has ever gotten their firearms back from HPD custody?
I got all of mine back...

The problem people have when trying to recover their firearms is paperwork. Most of the time they either don't have it or it doesn't say what they need it to. HPD doesn't know how many cases are pending against you, so having a court document clearing you of a set of charges (not guilty/dismissed) is not enough. The court clerk has to include "Return all firearms and ammunition" or words along those lines on paper. Going to the window with anything less than that and telling they you can have your guns back will always get the "Where does it say that?" response.  :crazy:

I know the whole thing sounds dumb, but the courts don't keep track of firearms ownership. They just issue a generic order that you can not possess based on what you're charged with. When a trial/hearing/case is concluded, you need to ask for the clearance.

One day while I was registering guns, I witnessed someone getting his gun back. It looked like the end of a very long process and like HPD and the guy had come to know each other quite well.

At the end, he said "didn't I turn in ammunition?" The registration guy says no, and the other guy walks off saying "I thought I turned in ammunition."

When turning anything in, they're supposed to itemize what they take on the evidence receipt. If they don't, then it's not "officially" received. In my case, I had a clerk and 2 officers tag & sign/initial for every item including boxes of ammo (partial boxes and loose rounds were counted). And no, I didn't do it to be a dick...As the saying goes, the devil is in the details. I just didn't want to be slapped with a violation for non-compliance with a court order.
Reason obeys itself; and ignorance submits to whatever is dictated to it. ~Thomas Paine


And I still see stupid people.

crazy cat

Re: Does anybody ever get their guns back from HPD?
« Reply #4 on: October 03, 2011, 08:35:53 AM »
A friend of mine just refused to sign the TRO paperwork and told them that if they wanted her guns, they would have to CONVICT her of a crime first.  The Judge backed down.  The TRO system is VOLUNTARY, although no one will ever explicitly state that.

2aHawaii

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Re: Does anybody ever get their guns back from HPD?
« Reply #5 on: October 03, 2011, 09:24:58 AM »
That's good to know crazy cat. Crazy system we have.
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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Cougar8045

Re: Does anybody ever get their guns back from HPD?
« Reply #6 on: October 03, 2011, 09:37:40 AM »
A friend of mine just refused to sign the TRO paperwork and told them that if they wanted her guns, they would have to CONVICT her of a crime first.  The Judge backed down.  The TRO system is VOLUNTARY, although no one will ever explicitly state that.
That is a very good piece of intel, crazy cat.  Thanks for sharing.  Can any of the legal eagles on here shed a little more light on the legislation/case law that crazy cat's friend might have used?
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GZire

Re: Does anybody ever get their guns back from HPD?
« Reply #7 on: October 03, 2011, 10:36:14 AM »
A friend of mine just refused to sign the TRO paperwork and told them that if they wanted her guns, they would have to CONVICT her of a crime first.  The Judge backed down.  The TRO system is VOLUNTARY, although no one will ever explicitly state that.

Your friend sounds like one tough cookie.