NEED HELP ASAP 2A RIGHTS BEING VIOLATED (Read 57687 times)

HiCarry

Re: NEED HELP ASAP 2A RIGHTS BEING VIOLATED
« Reply #20 on: March 31, 2016, 11:00:01 AM »
As Tom mentioned, you have a deadline to meet with regard to being able to keep your firearms. You need to do a couple of things ASAP. First, make arrangements to transfer your guns to someone. Simultaneously you need to figure out what they are basing your alleged disqualification on. Contact HPD and ask who made the determination that you had a disqualification and also contact Kaiser to ask the same question. Get a copy of your medical records so you can review them for accuracy. If you need help reviewing your medical records I would be willing to assist you.

I would also suggest you contact Mr. Holcomb to at least begin planning for any needed legal intervention.

This is an ongoing problem that HRA has been dealing with off and on for a while. We believed it was settled but apparently that may not be the case.

How long have you been in Hawaii and why aren't you a member of HRA? Not to hit you when you're down, but why is it that Hawaii gun owners don't want to support HRA until they have a problem and want "someone" to help them?

2aHawaii

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Re: NEED HELP ASAP 2A RIGHTS BEING VIOLATED
« Reply #21 on: March 31, 2016, 11:27:13 AM »
Hey SWHunter,
I merged your topics to keep everything in one place. Sorry about your troubles and your frustration.
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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London808

Re: NEED HELP ASAP 2A RIGHTS BEING VIOLATED
« Reply #22 on: March 31, 2016, 11:30:46 AM »
DO NOT transfer any firearms!!!!!! (YET)

If you are being denied based on kaiser not clearing your medical information you are not in violation of the law and as such not required to disposes of your current firearms, Your current rifle permit is valid un-till you receive a letter saying otherwise (HPS as the issuing authority has the right to revoke permits with good cause, their is not however a ruling on what "good cause" means) 

If your doctor has failed to provide medical clearance they are not saying that you are prohibited, they are saying they will not make that determination, HPD is actually violating the law by asking your insurance provider and not your medical provider (doctor) for clearance. For you to be prohibited you MUST be in violation not failed a clerance, Your doctor must say WHY you are prohibited, not just that we wont answer the question,

I would call HPD and ask them to clarify what section of 134-7 you have violated for them to determine you are ineligible to own firearms.

I would then call Richard Holcomb@ (808) 545-4040



§134-7 Ownership or possession prohibited, when; penalty. (a) No person who is a fugitive from justice or is a person prohibited from possessing firearms or ammunition under federal law shall own, possess, or control any firearm or ammunition therefor.

(b) No person who is under indictment for, or has waived indictment for, or has been bound over to the circuit court for, or has been convicted in this State or elsewhere of having committed a felony, or any crime of violence, or an illegal sale of any drug shall own, possess, or control any firearm or ammunition therefor.

(c) No person who:

(1) Is or has been under treatment or counseling for addiction to, abuse of, or dependence upon any dangerous, harmful, or detrimental drug, intoxicating compound as defined in section 712-1240, or intoxicating liquor;

(2) Has been acquitted of a crime on the grounds of mental disease, disorder, or defect pursuant to section 704-411; or

(3) Is or has been diagnosed as having a significant behavioral, emotional, or mental disorders as defined by the most current diagnostic manual of the American Psychiatric Association or for treatment for organic brain syndromes;

shall own, possess, or control any firearm or ammunition therefor, unless the person has been medically documented to be no longer adversely affected by the addiction, abuse, dependence, mental disease, disorder, or defect.

(d) No person who is less than twenty-five years old and has been adjudicated by the family court to have committed a felony, two or more crimes of violence, or an illegal sale of any drug shall own, possess or control any firearm or ammunition therefor.

(e) No minor who:

(1) Is or has been under treatment for addiction to any dangerous, harmful, or detrimental drug, intoxicating compound as defined in section 712-1240, or intoxicating liquor;

(2) Is a fugitive from justice; or

(3) Has been determined not to have been responsible for a criminal act or has been committed to any institution on account of a mental disease, disorder, or defect;
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

London808

Re: NEED HELP ASAP 2A RIGHTS BEING VIOLATED
« Reply #23 on: March 31, 2016, 11:34:31 AM »
Wait, you signed for it on the 29th, when the letter is dated the 10th?  That's 19 of your 30 days gone!

Have to look at the envelope to see when it was post marked. Thats the date you go by
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

London808

Re: NEED HELP ASAP 2A RIGHTS BEING VIOLATED
« Reply #24 on: March 31, 2016, 11:35:47 AM »
but why is it that Hawaii gun owners don't want to support HRA until they have a problem and want "someone" to help them?

Most people have no idea it exists untill they have a problem and start looking for people to help them. its no really a main stream organistation
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

ren

Re: NEED HELP ASAP 2A RIGHTS BEING VIOLATED
« Reply #25 on: March 31, 2016, 11:45:16 AM »
London you forgot F & g parts
Deeds Not Words

dustoff003

NEED HELP ASAP 2A RIGHTS BEING VIOLATED
« Reply #26 on: March 31, 2016, 11:53:26 AM »
Most people have no idea it exists untill they have a problem and start looking for people to help them. its no really a main stream organistation
do you live under a rock? The HRA monthly newsletter is available at most all LGS. Have you never been to a gun show or the shooting sports fair?

London808

Re: NEED HELP ASAP 2A RIGHTS BEING VIOLATED
« Reply #27 on: March 31, 2016, 12:38:41 PM »
London you forgot F & g parts

I only added the medical parts, F deals with restraining orders, and G is what you must do if prohibited, both of which are irrelevant,

If he/she has not been diagnosed with or under treatment for then anything covered by C or E then the order for surrender/disposal is illegal and should not be complied with. HPD can not order surrender of firearms without due cause/process. Failurure of a medical professional to provide information requested is not a diagnosis. The OP needs to clarify with HPD what section of 134-7 they are in violation of.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

London808

Re: NEED HELP ASAP 2A RIGHTS BEING VIOLATED
« Reply #28 on: March 31, 2016, 12:39:11 PM »
do you live under a rock? The HRA monthly newsletter is available at most all LGS. Have you never been to a gun show or the shooting sports fair?

1.4 million people in the state, i stand by what i said.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

punaperson

Re: NEED HELP ASAP 2A RIGHTS BEING VIOLATED
« Reply #29 on: March 31, 2016, 02:50:08 PM »
do you live under a rock? The HRA monthly newsletter is available at most all LGS. Have you never been to a gun show or the shooting sports fair?
I live ON a rock. On this rock: Never seen the HRA monthly newsletter at any LGS. Never seen a gun show advertised here. Never seen a shooting sports fair advertised here. Never seen an official approved outdoor shooting range here, much less one provided by the government. Never seen a CCW license issued here. Need I go on? :stopjack:

Best wishes to the OP in dealing such a big pile of crap. Gotta be stressful. Still another example of Hawaii's dedication to harassing firearm owners without the slightest relevance to "public safety". [BAD WORD BAD WORD]!

wolfwood

Re: NEED HELP ASAP 2A RIGHTS BEING VIOLATED
« Reply #30 on: March 31, 2016, 03:15:27 PM »
Give us a call.  I'm actually heading to the AT trail next week but Rick is around. You might want to set up a meeting sooner than later so I am around to discuss this with Rick before I take off.
Please add my business facebook page if you are interested in my litigation
https://www.facebook.com/ABeckLaw/

HiCarry

Re: NEED HELP ASAP 2A RIGHTS BEING VIOLATED
« Reply #31 on: March 31, 2016, 04:25:34 PM »
I didn't tell him to transfer his guns, I suggested that he make arrangements to do so. But, by all means, suggest that he not make any arrangements so that if HPD takes a hard line stance in this instance and decide to come for them exactly 30 days after what they consider proper notice, he can have all his guns lovingly cared for at HPD's evidence locker.

svitty

Re: NEED HELP ASAP 2A RIGHTS BEING VIOLATED
« Reply #32 on: March 31, 2016, 05:05:40 PM »
DO NOT transfer any firearms!!!!!! (YET)

If you are being denied based on kaiser not clearing your medical information you are not in violation of the law and as such not required to disposes of your current firearms, Your current rifle permit is valid un-till you receive a letter saying otherwise (HPS as the issuing authority has the right to revoke permits with good cause, their is not however a ruling on what "good cause" means) 

If your doctor has failed to provide medical clearance they are not saying that you are prohibited, they are saying they will not make that determination, HPD is actually violating the law by asking your insurance provider and not your medical provider (doctor) for clearance. For you to be prohibited you MUST be in violation not failed a clerance, Your doctor must say WHY you are prohibited, not just that we wont answer the question,

I would call HPD and ask them to clarify what section of 134-7 you have violated for them to determine you are ineligible to own firearms.

I would then call Richard Holcomb@ (808) 545-4040



§134-7 Ownership or possession prohibited, when; penalty. (a) No person who is a fugitive from justice or is a person prohibited from possessing firearms or ammunition under federal law shall own, possess, or control any firearm or ammunition therefor.

(b) No person who is under indictment for, or has waived indictment for, or has been bound over to the circuit court for, or has been convicted in this State or elsewhere of having committed a felony, or any crime of violence, or an illegal sale of any drug shall own, possess, or control any firearm or ammunition therefor.

(c) No person who:

(1) Is or has been under treatment or counseling for addiction to, abuse of, or dependence upon any dangerous, harmful, or detrimental drug, intoxicating compound as defined in section 712-1240, or intoxicating liquor;

(2) Has been acquitted of a crime on the grounds of mental disease, disorder, or defect pursuant to section 704-411; or

(3) Is or has been diagnosed as having a significant behavioral, emotional, or mental disorders as defined by the most current diagnostic manual of the American Psychiatric Association or for treatment for organic brain syndromes;

shall own, possess, or control any firearm or ammunition therefor, unless the person has been medically documented to be no longer adversely affected by the addiction, abuse, dependence, mental disease, disorder, or defect.

(d) No person who is less than twenty-five years old and has been adjudicated by the family court to have committed a felony, two or more crimes of violence, or an illegal sale of any drug shall own, possess or control any firearm or ammunition therefor.

(e) No minor who:

(1) Is or has been under treatment for addiction to any dangerous, harmful, or detrimental drug, intoxicating compound as defined in section 712-1240, or intoxicating liquor;

(2) Is a fugitive from justice; or

(3) Has been determined not to have been responsible for a criminal act or has been committed to any institution on account of a mental disease, disorder, or defect;

For what it's worth I know OP personally and I can tell you that he does not meet any of that criteria at all, I've known him and his family for many years and this letter came as a completely unexpected and very nasty surprise.  I've just been a lurker here really but thanks to all of you for offering advice and support to OP.  I don't want to speak for him but I know he's taking the advice given here very seriously and he is acting on it as I type this.

thank you all.

eyeeatingfish

Re: NEED HELP ASAP 2A RIGHTS BEING VIOLATED
« Reply #33 on: April 01, 2016, 05:05:47 AM »
The applicable law is 134-7.2, this is what states that the police department can have all guns seized or sold/given away if he was denied a permit. He has 30 days to comply before the police may seize his firearms. I don't know what the penalty is, that might be somewhere else in the laws, I will see what I can find later on that. Would the police department search warrant this guys home? Don't know. Was it sent by certified mail?


§134-7.3  Seizure of firearms upon disqualification.  (a)  If any applicant is denied a permit, the chiefs of police of the respective counties shall send, by certified mail, a notice setting forth the reasons for the denial and may require that the applicant voluntarily surrender all firearms and ammunition to the chief of police where the applicant resides or dispose of all firearms and ammunition.  If an applicant fails to voluntarily surrender or dispose of all firearms and ammunition within thirty days from the date notice was mailed, the chief of police may seize all firearms and ammunition.

     (b)  Any person disqualified from ownership, possession, or control of firearms and ammunition under section 134-7 shall voluntarily surrender all firearms and ammunition to the chief of police where the person resides or dispose of all firearms and ammunition.  If any person fails to voluntarily surrender or dispose of all firearms and ammunition within thirty days from the date of disqualification, the chief of police may seize all firearms and ammunition.

     (c)  For the purposes of this section, "dispose" means selling the firearms to a gun dealer licensed under section 134-31, transferring ownership of the firearms to any person who meets the requirements of section 134-2, or surrendering all firearms to the chief of police where the person resides for storage or disposal; provided, for a person subject to section 134-7(f), "dispose" shall not include transferring ownership of the firearms to any person who meets the requirements of section 134-2.

     (d)  The chief of police of the respective counties shall adopt procedures to implement and administer the provisions of this section by December 31, 2001. [L 2000, c 127, §1; am L 2004, c 4, §2]

punaperson

Re: NEED HELP ASAP 2A RIGHTS BEING VIOLATED
« Reply #34 on: April 01, 2016, 05:55:58 AM »
Note the use of the word "may" in every authorization for confiscation above. In other words, it's totally optional. If he chooses, the chief "may not" confiscate. I wonder which he will choose in this case, given the circumstances, which obviously do not warrant confiscation? Or any and every other case.

London808

Re: NEED HELP ASAP 2A RIGHTS BEING VIOLATED
« Reply #35 on: April 01, 2016, 07:40:03 AM »
The applicable law is 134-7.2, this is what states that the police department can have all guns seized or sold/given away if he was denied a permit. He has 30 days to comply before the police may seize his firearms. I don't know what the penalty is, that might be somewhere else in the laws, I will see what I can find later on that. Would the police department search warrant this guys home? Don't know. Was it sent by certified mail?


§134-7.3  Seizure of firearms upon disqualification.  (a)  If any applicant is denied a permit, the chiefs of police of the respective counties shall send, by certified mail, a notice setting forth the reasons for the denial and may require that the applicant voluntarily surrender all firearms and ammunition to the chief of police where the applicant resides or dispose of all firearms and ammunition.  If an applicant fails to voluntarily surrender or dispose of all firearms and ammunition within thirty days from the date notice was mailed, the chief of police may seize all firearms and ammunition.

     (b)  Any person disqualified from ownership, possession, or control of firearms and ammunition under section 134-7 shall voluntarily surrender all firearms and ammunition to the chief of police where the person resides or dispose of all firearms and ammunition.  If any person fails to voluntarily surrender or dispose of all firearms and ammunition within thirty days from the date of disqualification, the chief of police may seize all firearms and ammunition.

     (c)  For the purposes of this section, "dispose" means selling the firearms to a gun dealer licensed under section 134-31, transferring ownership of the firearms to any person who meets the requirements of section 134-2, or surrendering all firearms to the chief of police where the person resides for storage or disposal; provided, for a person subject to section 134-7(f), "dispose" shall not include transferring ownership of the firearms to any person who meets the requirements of section 134-2.

     (d)  The chief of police of the respective counties shall adopt procedures to implement and administer the provisions of this section by December 31, 2001. [L 2000, c 127, §1; am L 2004, c 4, §2]


The letter states that he is in violation of 134-7 and because of that he must surrender/transfer his firearms. If he hasent violated 134-7 why would he need to surrender/transfer them. Thats why he needs to speak to a lawyer. With regards to a search warrant im sure they would/will he has untill day 30 to transfer them, Rifles can be done same day, He is already within the last 14 days so transferring a pistol would have to be to an FFL who dont need the 14 day waiting period. OR take them out of state where Hawaii's BULLSHIT laws dont apply.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

CTVP9

Re: NEED HELP ASAP 2A RIGHTS BEING VIOLATED
« Reply #36 on: April 01, 2016, 02:53:30 PM »
I have Kaiser and did not have an issue with my permits.  I applied on March 11th.  Maybe it was an issue in February and no longer an issue???
If you're failing to plan, then you're planning to fail.

mill8316

Re: NEED HELP ASAP 2A RIGHTS BEING VIOLATED
« Reply #37 on: April 01, 2016, 03:43:51 PM »
The applicable law is 134-7.2, this is what states that the police department can have all guns seized or sold/given away if he was denied a permit. He has 30 days to comply before the police may seize his firearms. I don't know what the penalty is, that might be somewhere else in the laws, I will see what I can find later on that. Would the police department search warrant this guys home? Don't know. Was it sent by certified mail?

I know the OP personally. The letter was certified mail he had to sign for it at the post office. And as far as him explaining it to me. I don't think his permit was even denied because of the Kaiser BS. I believe he was told by HPD that his permit wouldn't go through because of Kaiser problems and he decided to cancel the permit to acquire for the handgun. (He will correct me if I am wrong)

SWHunter

Re: NEED HELP ASAP 2A RIGHTS BEING VIOLATED
« Reply #38 on: April 01, 2016, 05:18:39 PM »
Thank you all for your input and concern.

I spoke briefly to Wolfwood, he called me after I sent an email to Rick Holcomb and himself. I am not sure if my email's after the first one are getting through to Rick or if he is busy in court or perhaps junk mail. Hope to hear back soon.

I am pulling my Medical record from Kaiser. Unknown time to acquire them was quoted 4-8 weeks, I asked for them to be expedited; will have to follow up Monday.

I did cancel the permit to acquire within a day or two of the HPD call and Kaiser. I believe that Kaiser is refusing and making people use outside doctors and pay out of pocket. When I was at Kaiser an hour ago I asked for their policy on medical clearance and was given a general letter that i will try to post soon along with a number for Kaiser's customer service.

I forgot to add that I recently registered a lower in January with my Long gun permit to acquire that "was" valid until August 2016.


If all else fails i will try to talk to a few gun shops I regularly do business with and see if they would be willing to help me out and transfer the firearms to them until this is resolved.

I am still unclear on the amount of time I have. It was certified mail that I signed for on the 29th. The Final Notice was delivered on the 24th. I did not receive it until the 28th. The letterhead is the 10th so is the postage.

London808

Re: NEED HELP ASAP 2A RIGHTS BEING VIOLATED
« Reply #39 on: April 01, 2016, 05:29:30 PM »
Thank you all for your input and concern.

I spoke briefly to Wolfwood, he called me after I sent an email to Rick Holcomb and himself. I am not sure if my email's after the first one are getting through to Rick or if he is busy in court or perhaps junk mail. Hope to hear back soon.

I am pulling my Medical record from Kaiser. Unknown time to acquire them was quoted 4-8 weeks, I asked for them to be expedited; will have to follow up Monday.

I did cancel the permit to acquire within a day or two of the HPD call and Kaiser. I believe that Kaiser is refusing and making people use outside doctors and pay out of pocket. When I was at Kaiser an hour ago I asked for their policy on medical clearance and was given a general letter that i will try to post soon along with a number for Kaiser's customer service.

I forgot to add that I recently registered a lower in January with my Long gun permit to acquire that "was" valid until August 2016.


If all else fails i will try to talk to a few gun shops I regularly do business with and see if they would be willing to help me out and transfer the firearms to them until this is resolved.

I am still unclear on the amount of time I have. It was certified mail that I signed for on the 29th. The Final Notice was delivered on the 24th. I did not receive it until the 28th. The letterhead is the 10th so is the postage.

From my understanding it would be from the date it was sent out./post marked

And i know its kind of to late, but you should not of canceled the permit for the pistol you should of let them deny it. They then would of sent you a letter saying why, would of been handy to have.
« Last Edit: April 01, 2016, 05:38:12 PM by London808 »
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016