Update on Kauai legal authority for NINE DAY CCW license issuance (Read 2475 times)

punaperson

Just thought I'd let you all know that it's been 44 days since Kauai Police Department received my "formal request" (I'd sent an email the previous week, but they wouldn't answer me until I sent it via USPS mail... the first indicator that they knew that had acted outside their lawful authority) to reveal under what authority they issued a CCW license in 2013 for nine (9) days, and one in 2006 for 6 months. I was told they were turning it over to county counsel. I asked because the law, HRS 134-9 (a) reads: "Unless renewed, the license shall expire one year from the date of issue." There is no statutory provision for issuance for any term other than "one year", nor any mention of any kind of "discretion" by which the issuing authority may determine some other (arbitrary and capricious) term, which is obviously what was done in both those cases (they made up a law, or, more properly, made up their own authority). You'd think that the people applying these laws would know the laws they are applying, especially one this simple and unambiguous. I guess not. I was told today, in response to a request for an update and an approximate time frame for a response, that they are "working on it". I guess the lawyers are digging deep to cover their asses explain this one.

Just to clarify, the issuing authority does have the right to revoke an issued CCW license, for a variety of reasons, at any time. These licenses were NOT revoked, but ISSUED for terms other than the mandated one year term.
« Last Edit: March 15, 2016, 04:32:18 PM by punaperson »

Gordyf

Re: Update on Kauai legal authority for NINE DAY CCW license issuance
« Reply #1 on: March 15, 2016, 05:30:02 PM »
I missed something. Fill me in on the background please! ???
Aloha
Gordy

suka

Re: Update on Kauai legal authority for NINE DAY CCW license issuance
« Reply #2 on: March 15, 2016, 05:55:50 PM »
Two permits were issued in 200x

one for 9 days
another for 6 months

the law as stated is good for one year , without any type of term length less than one year.

riddle me that Kauai PD.

punaperson

Re: Update on Kauai legal authority for NINE DAY CCW license issuance
« Reply #3 on: March 15, 2016, 06:06:05 PM »
I missed something. Fill me in on the background please! ???
Since the year 2000 the Hawaii Attorney General's office has been mandated to collect the data on firearms related items from the counties, which includes CCW license applications and the disposition of each of those applications. Only four CCW license applications have been issued since 2000 in the state of Hawaii. Two were issued in Maui county in 2001. The Maui county police department claims 1. that those records were destroyed by statute or policy after three years, 2. those issued licenses occurred during a "previous administration" and 3. no one there knows anything about them. One CCW license was issued on Kauai in 2006 for a six month term (violating HRS 134-9 (a)'s requirement of a "one year" term). Two months prior to the expiration of that license, it was "renewed" for a full year term. HRS 134-9 states that renewal applications will not be accepted until 30 days prior to expiration. In 2013 Kauai issued a CCW license for a term of nine days. I inquired as to what legal authority was used to issue those licenses for terms other than one year, and have been waiting for over seven weeks since my initial email request, and over 6 weeks since my "official request" delivered by USPS.

I'm just a citizen asking the authorities who are empowered to deny me my right to bear arms outside my home what legal authority they used to apparently violate a rather clear law about the term of such a license.

I'm guessing that since Kauai PD claims that they've turned it over to county counsel and it's taking them months to come up with an answer that it's going to be a rather complex legal tap dance.

This could be useful information in future lawsuits, including Young, which is in the wings of the Ninth Circuit awaiting the Peruta/Richards en banc decision.

Gordyf

Re: Update on Kauai legal authority for NINE DAY CCW license issuance
« Reply #4 on: March 15, 2016, 06:46:37 PM »
Thank you. I was not aware of any of that.
Appreciate. Now to digest it. :'(
Aloha
Gordy