Getting and registering a gun in Hawaii (Read 453232 times)

2aHawaii

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Re: Getting and registering a gun in Hawaii
« Reply #420 on: December 19, 2016, 01:17:08 PM »
Hello all,

New comer to the forum and to HI as well. Looking at a potential move to The Big Island and am seeking some guidance.
Initial concern was do I need to establish residency and obtain a valid HI issued ID to register any firearms I bring with me from out-of-state, but saw on previous post out-of-state ID is good to go.

Do I fill the FIREARM INFORMATION FORM with the same info on my out-of-state address listed on my Driver's License?
(I Should have a local HI address to fill under 'business address', could that be written in both address sections?)

Also is there a limit of the number of registrations done at once or within a certain time period?

Lastly looking for some more info for BIG ISLAND PRACTICAL SHOOTERS, or any other practical shooting on BI.
Just sent an email to the listed contact on uspsa.org but curious if any members of the club are on the forum.

Thanks again,
-Grant

For your first two questions, here is the applicable HRS (Hawaii Revised Statute) quoted for emphasis

     §134-3  Registration, mandatory, exceptions.  (a)  Every person arriving in the State who brings or by any other manner causes to be brought into the State a firearm of any description, whether usable or unusable, serviceable or unserviceable, modern or antique, shall register the firearm within five days after arrival of the person or of the firearm, whichever arrives later, with the chief of police of the county of the person's place of business or, if there is no place of business, the person's residence or, if there is neither a place of business nor residence, the person's place of sojourn.  A nonresident alien may bring firearms not otherwise prohibited by law into the State for a continuous period not to exceed ninety days; provided that the person meets the registration requirement of this section and the person possesses:
     (1)  A valid Hawaii hunting license procured under chapter 183D, part II, or a commercial or private shooting preserve permit issued pursuant to section 183D-34;

     (2)  A written document indicating the person has been invited to the State to shoot on private land; or

     (3)  Written notification from a firing range or target shooting business indicating that the person will actually engage in target shooting.

The nonresident alien shall be limited to a nontransferable registration of not more than ten firearms for the purpose of the above activities.
     Every person registering a firearm under this subsection shall be fingerprinted and photographed by the police department of the county of registration; provided that this requirement shall be waived where fingerprints and photographs are already on file with the police department.  The police department shall perform an inquiry on the person by using the National Instant Criminal Background Check System before any determination to register a firearm is made.
     (b)  Every person who acquires a firearm pursuant to section 134-2 shall register the firearm in the manner prescribed by this section within five days of acquisition.  The registration shall be on forms prescribed by the attorney general, which shall be uniform throughout the State, and shall include the following information:  name of the manufacturer and importer; model; type of action; caliber or gauge; serial number; and source from which receipt was obtained, including the name and address of the prior registrant.  If the firearm has no serial number, the permit number shall be entered in the space provided for the serial number, and the permit number shall be engraved upon the receiver portion of the firearm prior to registration.  All registration data that would identify the individual registering the firearm by name or address shall be confidential and shall not be disclosed to anyone, except as may be required for processing the registration or as may be required by a law enforcement agency for the lawful performance of its duties or as may be required by order of a court.
     (c)  Dealers licensed under section 134-31 or dealers licensed by the United States Department of Justice shall register firearms pursuant to this section on registration forms prescribed by the attorney general and shall not be required to have the firearms physically inspected by the chief of police at the time of registration.
     (d)  Registration shall not be required for:
     (1)  Any device that is designed to fire loose black powder or that is a firearm manufactured before 1899;

     (2)  Any device not designed to fire or made incapable of being readily restored to a firing condition; or

     (3)  All unserviceable firearms and destructive devices registered with the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of Justice pursuant to Title 27, Code of Federal Regulations.

     (e)  No fee shall be charged for the registration of a firearm under this section, except for a fee chargeable by and payable to the registering county for persons registering a firearm under subsection (a), in an amount equal to the fee actually charged by the Federal Bureau of Investigation to the registering police department for a fingerprint check in connection with the registration.  In the case of a joint registration, the fee provided for in this section may be charged to each person. [L 1988, c 275, pt of §2; am L 1994, c 204, §4; am L 1999, c 217, §2; am L 2007, c 9, §7; am L 2013, c 254, §2]
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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Waka808

Re: Getting and registering a gun in Hawaii
« Reply #421 on: January 15, 2017, 03:40:03 PM »
So looking to sell some of my handguns and I have in the past but I honestly forgotten how.

As a seller, I provide the buyer with the necessary info on the firearm, along with my contact info, and they apply for the permit? Wait the 14 days, and once they acquire the permit, we both head down to the main HPD office and complete the transfer?

London808

Re: Getting and registering a gun in Hawaii
« Reply #422 on: January 15, 2017, 03:43:39 PM »
So looking to sell some of my handguns and I have in the past but I honestly forgotten how.

As a seller, I provide the buyer with the necessary info on the firearm, along with my contact info, and they apply for the permit? Wait the 14 days, and once they acquire the permit, we both head down to the main HPD office and complete the transfer?

You do t need to go to HPD, you just sign the back of their permit and they go to HPD
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

HGPineapple

Re: Getting and registering a gun in Hawaii
« Reply #423 on: February 09, 2017, 02:03:13 PM »
Sorry for my question, but I haven't bought anything new in the last 7 years.

Looking to pick up a new rifle and want to know if there anything new we have to complete now that they have that new $42 fee?  Is it the same forms as before?

Thanks

London808

Re: Getting and registering a gun in Hawaii
« Reply #424 on: February 09, 2017, 04:30:22 PM »
Sorry for my question, but I haven't bought anything new in the last 7 years.

Looking to pick up a new rifle and want to know if there anything new we have to complete now that they have that new $42 fee?  Is it the same forms as before?

Thanks

You have 3 new forms to fill out, This enters you into a federal database knows as rapback.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

Exactice808

Re: Getting and registering a gun in Hawaii
« Reply #425 on: April 12, 2017, 09:52:15 AM »
Aloha Gang,  Wow its been a while, I just went through the registration process and wanted to give a quick update.

As of
04/12/2017 - 8:00Am

1) The Permit to Acquire / Renewal is now on the LEFT Side of the Beretania Station only,  NO Firearms just paper work. (The right side old location is for the actual firearm registration only)
2) There are 5 forms to complete - You can pull 3 of them off the HPD website,  2 of them are short Medical Forms that you can grab from the line. And there is a Kaiser/Straub Medical form at the window you need to complete as well.  When you pull the forms off the website, do NOT DATE THEM, date it the day you walk in!
3) It is indeed $42 dollars, cash or CREDIT CARD, FINALLY!!! You dont need exact change no more, no need to bug the snack shop.
4) If you are renewing, Make sure you bring your old documents, "Original registration forms"  It helps.
5) Long gun Renewal was FAST,  went in @ 7:45am, and left about 8:15am.  Finger printing is quick now no mess, its digital.


Now just the 2 week waiting Game.


OK Part 2



I NEED Help and clarification if anyone can answer.  So I went back up to the window to ask about a handgun registration.  I stated did they need my orginal Handgun Affidavit or did they need just a copy. they stated that they just need the original to see and make a copy of.  I said ok, I showed him my affidavits and he stated they are not good anymore because I am not in the Military.  It is only good while I was in the military.  Is this correct?  Secondly he stated I needed to go through a class again, to get a valid safety course certificate/affidavit. 

I was stunned!??!?!?  So my question is,  Does the Handgun Safety Course certificates expire?  Are they only good for a certain period?  Why would my Affidavits not be good either, especially if I already have handguns registered and showed a legal document of completion of an approved safety course?   Again if the certificate expire after a certain time I can understand? But he didnt state that, he just said it was not good, When I go back to get my long gun I will ask again.

Any prior military that had a military affidavit get out (Discharge)  and try to get another handgun and get rejected and needed to take another safety course class? Im so confused now it doesnt make sense?
« Last Edit: April 12, 2017, 11:11:21 AM by Exactice808 »

Flapp_Jackson

Re: Getting and registering a gun in Hawaii
« Reply #426 on: April 12, 2017, 12:03:27 PM »
Aloha Gang,  Wow its been a while, I just went through the registration process and wanted to give a quick update.

As of
04/12/2017 - 8:00Am

1) The Permit to Acquire / Renewal is now on the LEFT Side of the Beretania Station only,  NO Firearms just paper work. (The right side old location is for the actual firearm registration only)
2) There are 5 forms to complete - You can pull 3 of them off the HPD website,  2 of them are short Medical Forms that you can grab from the line. And there is a Kaiser/Straub Medical form at the window you need to complete as well.  When you pull the forms off the website, do NOT DATE THEM, date it the day you walk in!
3) It is indeed $42 dollars, cash or CREDIT CARD, FINALLY!!! You dont need exact change no more, no need to bug the snack shop.
4) If you are renewing, Make sure you bring your old documents, "Original registration forms"  It helps.
5) Long gun Renewal was FAST,  went in @ 7:45am, and left about 8:15am.  Finger printing is quick now no mess, its digital.


Now just the 2 week waiting Game.


OK Part 2



I NEED Help and clarification if anyone can answer.  So I went back up to the window to ask about a handgun registration.  I stated did they need my orginal Handgun Affidavit or did they need just a copy. they stated that they just need the original to see and make a copy of.  I said ok, I showed him my affidavits and he stated they are not good anymore because I am not in the Military.  It is only good while I was in the military.  Is this correct?  Secondly he stated I needed to go through a class again, to get a valid safety course certificate/affidavit. 

I was stunned!??!?!?  So my question is,  Does the Handgun Safety Course certificates expire?  Are they only good for a certain period?  Why would my Affidavits not be good either, especially if I already have handguns registered and showed a legal document of completion of an approved safety course?   Again if the certificate expire after a certain time I can understand? But he didnt state that, he just said it was not good, When I go back to get my long gun I will ask again.

Any prior military that had a military affidavit get out (Discharge)  and try to get another handgun and get rejected and needed to take another safety course class? Im so confused now it doesnt make sense?

Nothing in the law says military firearms instruction is limited to only military, nor that it's only valid for the time you are active duty:

Quote
(4)  A firearms training or safety course or class conducted by a state certified or National Rifle Association certified firearms instructor or a certified military firearms instructor that provides,
at a minimum, a total of at least two hours of firing training at a firing range and a total of at least four hours of classroom instruction, which may include a video, that focuses on:

          (A)  The safe use, handling, and storage of firearms and firearm safety in the home; and

          (B)  Education on the firearm laws of the State.

          An affidavit signed by the certified firearms instructor who conducted or taught the course, providing the name, address, and phone number of the instructor and attesting to the successful
completion of the course by the applicant shall constitute evidence of certified successful completion under this paragraph.

http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0002.htm

Any retired military with an affidavit should be acceptable, too.  I see no reason to deny the form simply because you're separated.  The training is not going to leave your brain when you no longer wear the uniform!

I'd ask for specific citations as to the law or regulations that void military training affidavits for former members.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Flapp_Jackson

Re: Getting and registering a gun in Hawaii
« Reply #427 on: April 12, 2017, 12:06:26 PM »
If you can't get a satisfactory answer, contact the news and your legislator to notify them HPD is discriminating against veterans, denying them 2nd Amendment rights in opposition to what the law states.

HPD really doesn't want or need any more bad press right now!

 :thumbsup:
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Exactice808

Re: Getting and registering a gun in Hawaii
« Reply #428 on: April 12, 2017, 03:32:10 PM »
Nothing in the law says military firearms instruction is limited to only military, nor that it's only valid for the time you are active duty:

http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0002.htm

Any retired military with an affidavit should be acceptable, too.  I see no reason to deny the form simply because you're separated.  The training is not going to leave your brain when you no longer wear the uniform!

I'd ask for specific citations as to the law or regulations that void military training affidavits for former members.

Thats the thing, I read the HRS, it was pretty clear stating that exactly what I thought, in no way does is show that an affidavit expires as you stated!

I went into a shop today to check with the owner and clarified as well. They stated I should bring the HRS and if I am having a hard time to ask the Sgt. For clarification.

As liberal as the State is, I do NO want to get into a pissing contest with the HPD people... last people I want to really get mad LOL....

HMMM well im going to see what happens when I go back to pick up my Long Gun permit...... need to pick up a couple of lowers for some builds... but dang... didnt think getting a handgun would be this hard again. I mean I have one already.... does that mean my I dont know how to use it LOL.
« Last Edit: April 12, 2017, 03:38:28 PM by Exactice808 »

rklapp

Re: Getting and registering a gun in Hawaii
« Reply #429 on: April 12, 2017, 03:39:18 PM »
Another example of HPD interpreting the law.

I have a question about the medical forms. I don't remember filling them out when I moved to Hawaii in 2014. Then last December, I filled out the Kaiser form and didn't have any problems (despite what some of my friends say). I recently read that they were having a problem with Kaiser because HPD didn't want to evaluate the medical records and Kaiser was refusing to say whether or not a patient was psychologically fit to own a firearm. How was this resolved?
Yahh! Freedom and justice shall always prevail over tyranny, Babysitter Girl!
https://ronsreloading.wordpress.com/

Flapp_Jackson

Re: Getting and registering a gun in Hawaii
« Reply #430 on: April 12, 2017, 03:56:13 PM »
Thats the thing, I read the HRS, it was pretty clear stating that exactly what I thought, in no way does is show that an affidavit expires as you stated!

I went into a shop today to check with the owner and clarified as well. They stated I should bring the HRS and if I am having a hard time to ask the Sgt. For clarification.

As liberal as the State is, I do NO want to get into a pissing contest with the HPD people... last people I want to really get mad LOL....

HMMM well im going to see what happens when I go back to pick up my Long Gun permit...... need to pick up a couple of lowers for some builds... but dang... didnt think getting a handgun would be this hard again. I mean I have one already.... does that mean my I dont know how to use it LOL.

When you go back, ask them if Cops are required to take a handgun course if they leave the force.  Once they are no longer Cops, they should have to do the same as you!
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Exactice808

Re: Getting and registering a gun in Hawaii
« Reply #431 on: April 12, 2017, 04:44:48 PM »
Another example of HPD interpreting the law.

I have a question about the medical forms. I don't remember filling them out when I moved to Hawaii in 2014. Then last December, I filled out the Kaiser form and didn't have any problems (despite what some of my friends say). I recently read that they were having a problem with Kaiser because HPD didn't want to evaluate the medical records and Kaiser was refusing to say whether or not a patient was psychologically fit to own a firearm. How was this resolved?

Yikes!!! Um crap... Yeah when I did mine in 2006 it was no where near this many medical forms just one.  My buddy that came with that did all his initial registration in 2014 said the same.  So it was surprising seeing 3 medical forms.  I will check back in with you if I get anything in the mail these next 2 weeks, and or when I go to pick up my permit in 2 weeks.

stangzilla

Re: Getting and registering a gun in Hawaii
« Reply #432 on: April 12, 2017, 05:05:19 PM »
Another example of HPD interpreting the law.

I have a question about the medical forms. I don't remember filling them out when I moved to Hawaii in 2014. Then last December, I filled out the Kaiser form and didn't have any problems (despite what some of my friends say). I recently read that they were having a problem with Kaiser because HPD didn't want to evaluate the medical records and Kaiser was refusing to say whether or not a patient was psychologically fit to own a firearm. How was this resolved?

have you ever seen a psychologist at Kaiser?
if not, you have nothing to worry about.
if you did you may have something to worry about.  it all depends on whether or not HPD wants to red flag you or not.  its all up to the whims of HPD if you saw a Kaiser psychologist.
I blame both HPD and Kaiser for this extra hoop that we may or may not have to jump through.  yes, it doesn't make any sense, but its what Kaiser patients have to deal with.

rklapp

Re: Getting and registering a gun in Hawaii
« Reply #433 on: April 12, 2017, 09:14:29 PM »
have you ever seen a psychologist at Kaiser?
if not, you have nothing to worry about.
Actually, that's not what I was asking. I found the article I read. How was this resolved?
http://www.hawaiinewsnow.com/story/30790522/gun-permit-applicants-denied-over-medical-dispute
Yahh! Freedom and justice shall always prevail over tyranny, Babysitter Girl!
https://ronsreloading.wordpress.com/

Flapp_Jackson

Re: Getting and registering a gun in Hawaii
« Reply #434 on: April 12, 2017, 10:12:14 PM »
Actually, that's not what I was asking. I found the article I read. How was this resolved?
http://www.hawaiinewsnow.com/story/30790522/gun-permit-applicants-denied-over-medical-dispute

Go to page 8 of the attached PDF, right column, section labeled UPDATE.

Quote
Since this article was written, HPD has ceased
requiring a clearance letter from a doctor for Kaiser
and Straub members. While we think this was the
correct thing to do, we also want to remind
members that HPD initiated this process without
prior notification and without any legal authority to
do so. This is a clear indication that we, as legal
firearms owners, need to be constantly aware of,
and push back with every legal means, these types
of administrative attempts to infringe on our rights.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

rklapp

Re: Getting and registering a gun in Hawaii
« Reply #435 on: April 13, 2017, 12:30:01 AM »
Good to know. Since the HPD is no longer requiring a clearance letter, what is Straub and Kaiser sending to HPD?

I assume it's the complete medical record. What does the HPD do with that?

If HPD evaluates the medical records, who makes the determination if the applicant "has been medically documented to be no longer adversely affected by the addiction, abuse, dependence, mental disease, disorder, or defect"?

Are all other doctors supplying HPD with clearance letters instead of sending the medical records?

And then there's this...
http://www.newsweek.com/trump-set-overturn-guns-mental-health-regulation-557237
Yahh! Freedom and justice shall always prevail over tyranny, Babysitter Girl!
https://ronsreloading.wordpress.com/

Flapp_Jackson

Re: Getting and registering a gun in Hawaii
« Reply #436 on: April 13, 2017, 02:26:11 AM »

And then there's this...
http://www.newsweek.com/trump-set-overturn-guns-mental-health-regulation-557237

That's similar to the No-Fly-List argument.  The No-Fly-List has a purpose -- to prevent people suspected of being a security risk from flying.  The list itself is a problem.  The numbers I saw said 1/3 (33%, or .33333 :) )  of the people on the no-fly list are mistakes.  Also, there used to be no known process for finding out if you're on the list short of trying to board a plane, and the process to be removed has not been streamlined or documented to the point it's not violating 2A rights.

Similar for the Social Security issue.  Mental illness is not the only reason someone may ask a friend or relative to handle their finances.  They could be undergoing treatment for something physical and is unable to find the strength to concentrate on bills and payments.  It's another list made for one purpose now conveniently being proposed as a means to exclude more people from owning guns without individual due process.

Sometimes it's the elderly who are most vulnerable to violence.  If they are capable and otherwise qualify, they should be allowed the means to defend themselves.

As for the mentally ill claim for these Social Security recipients, It's a fact that the mentally ill are no more likely to cause violence than the rest of the population.  Given that, don't you think statistically we should not summarily deny rights to this group?
« Last Edit: April 13, 2017, 09:43:18 AM by Flapp_Jackson »
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

rklapp

Re: Getting and registering a gun in Hawaii
« Reply #437 on: April 13, 2017, 08:48:47 AM »
That's similar to the No-Fly-List argument.  The No-Fly-List has a purpose -- to prevent people suspected of being a security risk from flying.  The list itself is a problem.  The numbers I saw said 1/3 (33%, or .33333 :) )  of the people on the no-fly list are mistakes.  Also, there used to be no known process for finding out if you're on the list short of trying to board a plane, and the process to be removed has not been streamlined or documented to the point it's not violating 2A rights.

Similar for the Social Security issue.  Mental illness is not the only reason someone may ask a friend or relative to handle their finances.  They could be undergoing treatment for something physical and is unable to find the strength to concentrate on bills and payments.  It's another list made for one person now conveniently being proposed as a means to exclude more people from owning guns without individual due process.

Sometimes it's the elderly who are most vulnerable to violence.  If they are capable and otherwise qualify, they should be allowed the means to defend themselves.

As for the mentally ill claim for these Social Security recipients, It's a fact that the mentally ill are no more likely to cause violence than the rest of the population.  Given that, don't you think statistically we should not summarily deny rights to this group?
Agreed. Another situation where I would like to see research that backs their claim that those on SSD are more likely to harm themselves or others with a firearm rather than saying it's common sense.
Yahh! Freedom and justice shall always prevail over tyranny, Babysitter Girl!
https://ronsreloading.wordpress.com/

KZBoost

Re: Getting and registering a gun in Hawaii
« Reply #438 on: April 16, 2017, 03:23:36 PM »
Hey guys,

Did some reading through this thread, but there's a lot of old information mixed in with new information and it's all a bit mind boggling.

I downloaded the 3 forms off of the HPD website ( Mental Health Waiver, Medical Information Waiver, Firearms Information Form ) and am starting to fill them out ahead of time, however I have a few questions regarding these forms.

1) Do I need to go see a doctor for any of these forms? or am I supposed to just fill these out myself and turn them in.
2) Do I need any type of safety class/training course certificate to obtain a long gun? (AR15 Lower to be exact)
3) On the firearms information form, It has a section to fill out about the firearm. What if I don't know what the specifics will be yet? What do I input?
4) Is there anything else I should have prepared other than my proof of citizenship, the 3 HPD forms from the website, and valid photo ID?

Flapp_Jackson

Re: Getting and registering a gun in Hawaii
« Reply #439 on: April 16, 2017, 04:10:22 PM »
Hey guys,

Did some reading through this thread, but there's a lot of old information mixed in with new information and it's all a bit mind boggling.

I downloaded the 3 forms off of the HPD website ( Mental Health Waiver, Medical Information Waiver, Firearms Information Form ) and am starting to fill them out ahead of time, however I have a few questions regarding these forms.

1) Do I need to go see a doctor for any of these forms? or am I supposed to just fill these out myself and turn them in.

HPD contacts the doctor/HMO for you.  All you do is sign the forms giving them permission to invade your privacy.  Only if you are denied for something related to mental health are you required to obtain a doctor's letter yourself.

2) Do I need any type of safety class/training course certificate to obtain a long gun? (AR15 Lower to be exact)

A long gun permit requires no safety training.

3) On the firearms information form, It has a section to fill out about the firearm. What if I don't know what the specifics will be yet? What do I input?

If applying for a long gun permit, leave that blank.  It's only required when acquiring a handgun.  The long gun permit is valid for a year and as many firearms as you can afford in 12 months.  Specs will be collected when you register them.

4) Is there anything else I should have prepared other than my proof of citizenship, the 3 HPD forms from the website, and valid photo ID?

Don't take ammo to the police station.  Magazines can be left in the car or at home.  Use a good carry case, even though the cardboard box the gun shipped in is sufficient.  A nice case protects the gun better and is probably easier to carry.

If buying used, you'll need the owner's name.  A bill of sale or the tracking number from the registration form would be helpful.  If you're doing the transaction at the police station, just meet the seller there, and he can stand with you at the window for any questions.  For handguns, the buyer signs the back of the permit.  For long guns, a bill of sale should be used instead.

The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw