No letter yet, maybe tomorrow. If not I will phone the Sgt. Monday and request again. Times ticking and I am getting worried.

The Doctor is not violating the law, HPD is. The doctor is required to provide your medical information, They were doing that, they were sending over your relevant  medical record for HPD to make a determination on whether you are medically fit in the eyes of the law. HPD did not want that they want the doctor to make a statement saying that you are medically fit, The doctors are not willing to do that. (even tho their is a law protecting them form civil lawsuits (HRS 134-18), if they make this statement and you latter go on a rampage and kill a bunch of people and they declared you fit their life/career is over)
In this case (it looks like( HPD is requesting the wrong information and denying a firearms permit based purely on a lack of information not a negative response, Violating the OP's constitutional rights, 2A for denying him the right to bear arms, 5A denying him his right to due process and 14A denying him his right to due process.

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§134-18  Qualified immunity for physicians, psychologists, or psychiatrists who provide information on permit applicants.  There shall be no civil liability for any physician, psychologist, or psychiatrist who provides information or renders an opinion in response to an inquiry made for purposes of issuing a firearm permit under section 134-2 or for purposes of investigating the continuing mental health of the holder of a valid firearm permit provided that the physician, psychologist, or psychiatrist acted without malice.

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Ok, I think I get it now. So Kaiser was providing the medical information, just not willing to give an opinion on someone's mental fitness?

This is a real rock and a hard place.

On the one hand, the law doesn't require doctors to give an opinion, but if they don't, someone can't practice their rights.

I see what you are saying by suggesting that HPD is making a demand that isn't specifically mentioned in the law, but it is kind of necessary. The police are not doctors and are not really qualified to determine someone's mental fitness so they really cannot make an opinion either. If HPD formed an opinion they could risk being sued. The law appears to intend to keep guns out of the hands of crazy people and without a solid medical opinion HPD cannot really follow the intent of the law.

I suppose they could hire a psychologist to review applications....

Ok, I think I get it now. So Kaiser was providing the medical information, just not willing to give an opinion on someone's mental fitness?

we've been discussing this fact since late november/early december...

we've been discussing this fact since late november/early december...

My mistake, I thought they were refusing to provide information at first.

I suppose they could hire a psychologist to review applications....

HPD has a few of those on staff


Sent from my iPhone using Tapatalk

HPD has a few of those on staff


Sent from my iPhone using Tapatalk

They would probably need to hire another to handle all the checks but it certainly is an idea.  Of course it wouldn't be an issue if people's doctors just filled out the statement.

I wonder if Kaiser has any similar issues nationally. Some of their commercials could be characterized as being progressive.

They would probably need to hire another to handle all the checks but it certainly is an idea.  Of course it wouldn't be an issue if people's doctors just filled out the statement.

I wonder if Kaiser has any similar issues nationally. Some of their commercials could be characterized as being progressive.

HPD is in violation of the law by asking them to make a statement, The form you sign is to allow them access to your relevant mendical information, it is not to ask your doctor to make a medical determination, HPD has to make that decision, Denying a permit based on no information or because they asked for the wrong information is a violationn of people's rights,

I have several firearms in my possession for several years. I don't know what has changed from when I registered a lower receiver in January to when I applied for the 22/45 in February. No Doctor visits, no convictions, no tickets... no nothing.

HPD is in violation of the law by asking them to make a statement, The form you sign is to allow them access to your relevant mendical information, it is not to ask your doctor to make a medical determination, HPD has to make that decision, Denying a permit based on no information or because they asked for the wrong information is a violationn of people's rights,

True, but they are also not well equipped to make the decision either. Would you want an untrained officer making a decision about whether you are mentally stable enough to own a firearm?

The fact that you cancelled the request rather than HPD denying it could be the key to blocking this. I hate to have a martyr but if they do take away the guns in violation of this fact maybe that could lead to a  lawsuit and cause HPD to back off through a lesson in legal costs.

I am starting the Appalachian Trail on Tuesday.  As you guys know we don't take any money from our clients for these gun cases.  So its a bit of a financial and time commitment for Rick to take on without my help.  After I get back from the AT maybe we will have time or if Rick gets a little more free time he might be able to do it on his own. Either that or you guys could have a fundraiser.

True, but they are also not well equipped to make the decision either. Would you want an untrained officer making a decision about whether you are mentally stable enough to own a firearm?

No matter the case.  What they are doing is wrong.  They are tasked to implement the law, never to interpret or create, just implement. 

If they are not equipped to handle their job properly, it should not be the citizens who suffer violation of their rights. 

I am asking this question from someone who knows the law well enough to answer correctly and completely.

What is required for HPD to get a warrant to come to your home to remove your guns? My understanding is that there are certain requirements they must have before a warrant will be issued. Anyone know what those requirements are?

No matter the case.  What they are doing is wrong.  They are tasked to implement the law, never to interpret or create, just implement. 

If they are not equipped to handle their job properly, it should not be the citizens who suffer violation of their rights.

probably a message you should tell your fellow global moderators and others who frequent this forum.

I am starting the Appalachian Trail on Tuesday.  As you guys know we don't take any money from our clients for these gun cases.  So its a bit of a financial and time commitment for Rick to take on without my help.  After I get back from the AT maybe we will have time or if Rick gets a little more free time he might be able to do it on his own. Either that or you guys could have a fundraiser.

What bout a kickstarter fundraiser? Maybe get some national attention even?

f they are not equipped to handle their job properly, it should not be the citizens who suffer violation of their rights.

Very true, but it still leaves us between a rock and a hard place. Not sure what the options are though.

Either we have to fight them in court to get some sort of ruling that forces their hand or a change in the law.

Maybe if we could suggest to lawmakers a new system that is both more effective and more efficient it could make things easier for us and something they would think does a better job at keeping guns out of crazy people's hands.

probably a message you should tell your fellow global moderators and others who frequent this forum.

As an owner of a forum I can state honestly that the laws you claim the mods are not upholding is an incorrect statement. This is a privately owned forum. The laws and constitution don't apply here. They can do whatever they want. If you don't like it you don't have visit, read, nor participate.

I really don't care if you disagree so don't bother replying.

I am asking this question from someone who knows the law well enough to answer correctly and completely.

What is required for HPD to get a warrant to come to your home to remove your guns? My understanding is that there are certain requirements they must have before a warrant will be issued. Anyone know what those requirements are?

To get a Warrant all they would need to do is show why you are prohibited for possession/ownership, and that you have register firearms that have not been transferred.

To get a Warrant all they would need to do is show why you are prohibited for possession/ownership, and that you have register firearms that have not been transferred.

And there is nothing in the law that requires the testimony of an eye witness? I was told by someone close that I trust that this is also a requirement. This is a specific Hawaii requirement.

And there is nothing in the law that requires the testimony of an eye witness? I was told by someone close that I trust that this is also a requirement. This is a specific Hawaii requirement.

eye witness to what ?

eye witness to what ?

My understanding is that someone has to be an eyewitness to the fact that you still have firearms (after the 30 day period is up) in your possession before HPD can obtain a search warrant to come in to your house to get them. That eyewitness has to come forward and provide testimony in order for the warrant to be issued.

I know this sounds a little convoluted but if it had not come from such a reliable source I would not have asked this question.