Trying to exercise my 2nd amendment rights with my first gun purchase - H&K VP9.  I applied for my permit to acquire last week and received a call this morning from HPD.  The officer told me that I may be denied because of a Disorderly Conduct arrest on my record.  He said any crime of violence prohibits me from owning a firearm. 

My Disorderly Conduct happened 10 years ago in Colorado while I was attending college.  I received a deferred sentence and successfully completed the probation period.  Should I be concerned that I may not get approved?  The officer said to bring in any supporting documents, but I discarded the court documents years ago.  I tried getting a copy online, but I could not find any court record (makes sense because it should have been dismissed).  Wasted $21 because I did 3 searches.  Any comment or advice would be greatly appreciated.  Mahalo! 

The details of the case are what is going to matter, not just the name of the crime. Disorderly conduct here could mean you were making too much noise. Or it could also be that you were fighting in the street with other people but a plea deal reduced it from assault to disorderly conduct. They are probably going to try and review the police report.

Was it an arrest or a conviction? I don't think an arrest matters, it is whether you were convicted or not.

The safest thing to do would be to do the expungement procedure. I don't think you can do it here for a crime in another state but I could be wrong. If you have to do it back in Colorado, a lawyer might be able to do it in your place.

Not sure if it was an official conviction.  I had a deferred sentence and successfully completed the terms.

I pulled this off of a Colorado lawyer's website:

The Law In Colorado On The Deferred Judgment And Sentence

"The judgment or conviction – in a “deferred” judgment (judgment means conviction) – is deferred for a period of time and never enters against a defendant IF the defendant successfully completes the terms of the agreement for the deferred judgment. If the defendant complies with the conditions of the deferral, – like a civil contract – it is enforceable and they are then permitted to withdraw their guilty plea and the case is then dismissed."

It sounds like I should be ok, but was hoping someone could confirm.  Thanks.

Not sure if it was an official conviction.  I had a deferred sentence and successfully completed the terms.

I pulled this off of a Colorado lawyer's website:

The Law In Colorado On The Deferred Judgment And Sentence

"The judgment or conviction – in a “deferred” judgment (judgment means conviction) – is deferred for a period of time and never enters against a defendant IF the defendant successfully completes the terms of the agreement for the deferred judgment. If the defendant complies with the conditions of the deferral, – like a civil contract – it is enforceable and they are then permitted to withdraw their guilty plea and the case is then dismissed."

It sounds like I should be ok, but was hoping someone could confirm.  Thanks.

You will probably have to call up the Colorado justice system and see if your differed judgement was satisfied.

Deferred judgement is still a guilty plea.

Also depends who is interpreting it.  Do you have someone in CO that could help you get the records?

Lawyer up....its going to be one hell of a ride.

My dad was pardoned by Lingle for something and moved out of state back in 2008, where he purchased firearms in his new state of residence with no problems.

In 2010, after 2 years of purchases, HPD flagged him in NICS for the conviction he was already pardoned for, because THEY felt Lingle's pardon wasn't specific enough. This caused him all sorts of problems, and he was forced to surrender his firearms to an acquaintance by the ATF because of HPD and the State of Hawaii. Because of this, he had to start the whole pardon process again for this specific incident, which must start at the bottom and work its way up to the governor.

My dad died last year, and still hadn't received his pardon, even though it was sitting on the governors desk waiting for signature, with recommendation it be signed by both the investigators and the DA.



You can either listen to people who have not gone through this process, or you can listen to someone who had helped someone go through the process. If you want to wait around for 3-5 years MINIMUM (no joke...the DA was quoted that the process takes a minimum of 3-5 years for the POSSIBILITY of being pardoned), then have fun. If not, lawyer up and fight for your constitutional right.

So they are denying over a misdemeanor?

I would get a lawyer.  Why do the Police get to specifically choose who does or does not get to own?  I would think a judge would need to decide this.

Why do the Police get to specifically choose who does or does not get to own?

"Verbal policy"?

I would consider myself very lucky.  I called the court in CO and luckily got someone helpful to search for my case.  She was able to find it in their "old" system and provided me copies of her screen that showed the case was dismissed.  She also provided me with a signed letter from the court stating that the case was dismissed.  The officer accepted this and gave me the ok to pick up my permit.

I'm glad this in now over, but my question to all is: Is the burden of proof on the applicant to show that he/she has no convictions if arrests show up on their record or is the burden of proof on the officer to show that the applicant has a conviction?  Does the officer have unlimited time to process your application?

 I was afraid that the court would not be as helpful and the police would defer to the court, leaving my application unapproved for an infinite amount of time, which would mean I as an applicant with no conviction would not be able to exercise my 2nd amendment rights.  I wonder if a lawyer would have helped me if this was the case.

Trying to exercise my 2nd amendment rights with my first gun purchase - H&K VP9.  I applied for my permit to acquire last week and received a call this morning from HPD.  The officer told me that I may be denied because of a Disorderly Conduct arrest on my record.  He said any crime of violence prohibits me from owning a firearm. 

My Disorderly Conduct happened 10 years ago in Colorado while I was attending college.  I received a deferred sentence and successfully completed the probation period.  Should I be concerned that I may not get approved?  The officer said to bring in any supporting documents, but I discarded the court documents years ago.  I tried getting a copy online, but I could not find any court record (makes sense because it should have been dismissed).  Wasted $21 because I did 3 searches.  Any comment or advice would be greatly appreciated.  Mahalo!

This is my advice, it is in no way meant to be legal advice but is how i would handle the situation.

First of all i would go down to the police station in person to collect my permit, I would run voice memo on my phone so i have an audio recording of everything that happens. Make sure to note names and badge numbers of every person you speak to.

I would ask for my permit, they will tell you that its been denied, You can then ask why. If Ask them to confirm if you are prohibited by law or by policy, If they tell you law ask them which one (make a note of the number). If they say by policy ask them if it is a written policy or a verbal policy, Ask them for a copy of the policy and ask for it to be provided to you today,If they refuse ask to speak to a captain or a major and get them to give you a copy (if they cant its bullshit .  You can ask for written confirmation of your denial . They will tell you that they will mail it to you. They are required to notify you by mail the reason of your denial within 20 days of your application.

Unless your  Disorderly Conduct was for violence you are not prohibited in Hawaii from owning a firearm and as such your denial is based on opinion.

After you have clarified why you have been denied i would contact a lawyer for legal advice.
 

I highly recommend Rick Holcomb he can be reached at (808) 545-4040, he helped me when HPD violated my rights last year.

So they are denying over a misdemeanor?

I would get a lawyer.  Why do the Police get to specifically choose who does or does not get to own?  I would think a judge would need to decide this.

Becasue of 1 word in the law §134-2  Permits to acquire.
" (d)  The chief of police of the respective counties may issue permits to acquire firearms"

This is my advice, it is in no way meant to be legal advice but is how i would handle the situation.

First of all i would go down to the police station in person to collect my permit, I would run voice memo on my phone so i have an audio recording of everything that happens. Make sure to note names and badge numbers of every person you speak to.

I would ask for my permit, they will tell you that its been denied, You can then ask why. If Ask them to confirm if you are prohibited by law or by policy, If they tell you law ask them which one (make a note of the number). If they say by policy ask them if it is a written policy or a verbal policy, Ask them for a copy of the policy and ask for it to be provided to you today,If they refuse ask to speak to a captain or a major and get them to give you a copy (if they cant its bullshit .  You can ask for written confirmation of your denial . They will tell you that they will mail it to you. They are required to notify you by mail the reason of your denial within 20 days of your application.

Unless your  Disorderly Conduct was for violence you are not prohibited in Hawaii from owning a firearm and as such your denial is based on opinion.

After you have clarified why you have been denied i would contact a lawyer for legal advice.
 

I highly recommend Rick Holcomb he can be reached at (808) 545-4040, he helped me when HPD violated my rights last year.

Thanks for the advice.  I was able to take care of it on my own.  Just curious... How long was the process for you from HPD denial to approval via Rick Holcomb?  How much did it cost you?

Thanks for the advice.  I was able to take care of it on my own.  Just curious... How long was the process for you from HPD denial to approval via Rick Holcomb?  How much did it cost you?

3 months ish, My case was a little bit diffrent in that they denied my permit (pistol)based on my being a permanent resident who was unwilling to undergo an illegal search (they wanted me to provide my own background check from my country of origin), They so after already issueing me a rifle permit. I used my rifle permit to buy a shotgun and took it to get registered where they seized it without legal reason (i already owned it so even if they revoked my permit the shotgun was already legally mine). Rick filed in federal court for rights violations, (2a & 14a) they city dragged their feet responding which is what took so long, once they responded it was over in about 2 weeks,

As for cost, because of the circumstances of by case the city had to pick up the bill. So it cost me nothing,

Rick works with Alan Beck who i believe is out of California, These guys are a dream team when it came to my case, They kept me updated, they got me what i wanted andt hey know what they are doing, I wouldn't hesitate to give them a call again if/when HPD decides it was to mess with my rights again.

If you dont mine sharing, How did you get the situation resolved ?

3 months ish, My case was a little bit diffrent in that they denied my permit (pistol)based on my being a permanent resident who was unwilling to undergo an illegal search (they wanted me to provide my own background check from my country of origin), They so after already issueing me a rifle permit. I used my rifle permit to buy a shotgun and took it to get registered where they seized it without legal reason (i already owned it so even if they revoked my permit the shotgun was already legally mine). Rick filed in federal court for rights violations, (2a & 14a) they city dragged their feet responding which is what took so long, once they responded it was over in about 2 weeks,

As for cost, because of the circumstances of by case the city had to pick up the bill. So it cost me nothing,

Rick works with Alan Beck who i believe is out of California, These guys are a dream team when it came to my case, They kept me updated, they got me what i wanted andt hey know what they are doing, I wouldn't hesitate to give them a call again if/when HPD decides it was to mess with my rights again.

If you dont mine sharing, How did you get the situation resolved ?

I asked the court from CO to provide an official letter stating my case was dismissed and therefore I did not have a conviction.  The letter had the court's letterhead and seal. 

Becasue of 1 word in the law §134-2  Permits to acquire.
" (d)  The chief of police of the respective counties may issue permits to acquire firearms"

Gonna say this up front before I complain.  I am  not a resident of Hawaii and will be leaving soon.

That particular line should be challenged in court.  Limit the type with the NFA at the Federal level but to restrict the actual acquisition of any firearm by one man arbitrarily should be challenged in court.

Gonna say this up front before I complain.  I am  not a resident of Hawaii and will be leaving soon.

That particular line should be challenged in court.  Limit the type with the NFA at the Federal level but to restrict the actual acquisition of any firearm by one man arbitrarily should be challenged in court.

That line and most the others in HRS 134 are being challenged at the moment.

That line and most the others in HRS 134 are being challenged at the moment.

challenged? please share 

challenged? please share

I is tied in with the May issue of concealed carry, Their is no separate suit but my understanding is that if May issue is invalid for CCW then it would be with permits also.