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.

Well, with the registration requirements, HPD will have direct knowledge of whether or not you've transferred ownership.  They become, in effect, eyewitnesses to the fact that you have not legally transferred the firearms, and certainly could make the reasonable assumption that you still are in possession.

Well, with the registration requirements, HPD will have direct knowledge of whether or not you've transferred ownership.  They become, in effect, eyewitnesses to the fact that you have not legally transferred the firearms, and certainly could make the reasonable assumption that you still are in possession.

True. However, I am trying to verify whether there is a requirement from an eyewitness (An actual person who has actually seen said person with their firearms) as to whether that person is still in possession of their firearms in order for HPD to obtain a warrant. If there is this requirement then all the reasonable assumptions are not enough to obtain a warrant. And as my memory is not what it used to be, it may be that the witness might have the requirement of seeing the firearms in said person's home before a warrant can be issued. Also, from what I remember the eyewitness has to provide testimony to the judge (Or whomever) before a warrant can be issued.

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.

Hawaii, in general, is one of the more difficult states to effect a warrant. That being said, it's the totality of the circumstances presented to the judge that will be used to grant a warrant. It could, but doesn't have to include eye witnesses. Unfortunately, with the registration database to refer to, it is very probable that the information from the database would be all that is required to have a judge issue a warrant. Furthermore, the Chief of Police can revoke a permit with little to no good cause according to statue. So, the fact that you have a disqualifying condition (whatever that may be), along with registration database information that you still have guns, and the Chief revoking your permits would be all the information needed to convince a judge to issue a warrant.

Hawaii, in general, is one of the more difficult states to effect a warrant. That being said, it's the totality of the circumstances presented to the judge that will be used to grant a warrant. It could, but doesn't have to include eye witnesses. Unfortunately, with the registration database to refer to, it is very probable that the information from the database would be all that is required to have a judge issue a warrant. Furthermore, the Chief of Police can revoke a permit with little to no good cause according to statue. So, the fact that you have a disqualifying condition (whatever that may be), along with registration database information that you still have guns, and the Chief revoking your permits would be all the information needed to convince a judge to issue a warrant.

Thanks HiCarry. I just wanted to know if what I heard was correct as to whether an eyewitness was a requirement or not. I agree with You and Tom that all the other information is overwhelming to the extent that a warrant could be issued. My understanding from what I was told that having an eyewitness that can testify is required. That would change the whole dynamic of the OP's issue if it was a requirement.

Thanks everyone for all your comments. I think the person I spoke to was wrong or possibly correct under some different circumstances. 

Thanks HiCarry. I just wanted to know if what I heard was correct as to whether an eyewitness was a requirement or not. I agree with You and Tom that all the other information is overwhelming to the extent that a warrant could be issued. My understanding from what I was told that having an eyewitness that can testify is required. That would change the whole dynamic of the OP's issue if it was a requirement.

Thanks everyone for all your comments. I think the person I spoke to was wrong or possibly correct under some different circumstances. 

The simple answer is no. an eye witness would not be required, Hawaii law requires registration of all firearms including notification of a sale, Id determined to be disqualified from ownership you would need to notify HPD of transfer of the firearms including to whom you transferred them to.  If you failed to do so this alone would be grounds for a search/arrest warrant, Due to the fact that it is dealing with firearms this could result in a no knock warrant at 2am (when else do they get to use our swat team).

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§134-2  Permits to acquire.
"in all cases where a pistol or revolver is acquired from another person within the State, the permit shall be signed in ink by the person to whom title to the pistol or revolver is transferred and shall be delivered to the person who is transferring title to the firearm, who shall verify that the person to whom the firearm is to be transferred is the person named in the permit and enter on the permit in the space provided the following information:  name of the person to whom the title to the firearm was transferred; names of the manufacturer and importer; model; type of action; caliber or gauge; and serial number as applicable.  The person who is transferring title to the firearm shall sign the permit in ink and cause the permit to be delivered or sent by registered mail to the issuing authority within forty-eight hours after transferring the firearm."

" In all cases where a rifle or shotgun is acquired from another person within the State, the person who is transferring title to the rifle or shotgun shall submit, within forty-eight hours after transferring the firearm, to the authority which issued the permit to acquire, the following information, in writing:  name of the person who transferred the firearm, name of the person to whom the title to the firearm was transferred; names of the manufacturer and importer; model; type of action; caliber or gauge; and serial number as applicable."

The simple answer is no. an eye witness would not be required, Hawaii law requires registration of all firearms including notification of a sale, Id determined to be disqualified from ownership you would need to notify HPD of transfer of the firearms including to whom you transferred them to.  If you failed to do so this alone would be grounds for a search/arrest warrant, Due to the fact that it is dealing with firearms this could result in a no knock warrant at 2am (when else do they get to use our swat team).

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§134-2  Permits to acquire.
"in all cases where a pistol or revolver is acquired from another person within the State, the permit shall be signed in ink by the person to whom title to the pistol or revolver is transferred and shall be delivered to the person who is transferring title to the firearm, who shall verify that the person to whom the firearm is to be transferred is the person named in the permit and enter on the permit in the space provided the following information:  name of the person to whom the title to the firearm was transferred; names of the manufacturer and importer; model; type of action; caliber or gauge; and serial number as applicable.  The person who is transferring title to the firearm shall sign the permit in ink and cause the permit to be delivered or sent by registered mail to the issuing authority within forty-eight hours after transferring the firearm."

" In all cases where a rifle or shotgun is acquired from another person within the State, the person who is transferring title to the rifle or shotgun shall submit, within forty-eight hours after transferring the firearm, to the authority which issued the permit to acquire, the following information, in writing:  name of the person who transferred the firearm, name of the person to whom the title to the firearm was transferred; names of the manufacturer and importer; model; type of action; caliber or gauge; and serial number as applicable."

Thanks for your comments London808!!!

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.

Please keep us updated.  Did you contact Mr. Holcomb, or any other lawyer? Hope this turns out well! 

I wonder what would happen if a search warrant was issued but the firearms could not be found.

I think another section prescribes a penalty for not complying with firearms laws but if the guy "lost" his firearms just before the search warrant was done then I don't know whether HPD could prosecute since they couldn't prove he didn't actually lose them.

No updates at the moment. Will call the Sgt. Friday or Monday and ask what the status of the letter stating which subsection I violated. I am speaking to an attorney. Have not heard from Rick Holcomb.

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.

Have you ever seen a psychologist or behavioral health department at kaiser for any reason at any time in your life?
If so, then that's the reason for the red flag.
If you saw a psychologist, there is a psychological diagnosis attached to your visit. Otherwise they don't get paid for the visit.
This entire system is screwed up. It's not American.

No updates at the moment. Will call the Sgt. Friday or Monday and ask what the status of the letter stating which subsection I violated. I am speaking to an attorney. Have not heard from Rick Holcomb.

I am wondering if there is something we are missing here, something in the record somewhere that isn't being mentioned. Maybe something not obvious? As you explained, you decided to cancel the permit right? If this is the case then you were not denied which rules out 134-7.2.
 

Have you ever seen a psychologist or behavioral health department at kaiser for any reason at any time in your life?
If so, then that's the reason for the red flag.
If you saw a psychologist, there is a psychological diagnosis attached to your visit. Otherwise they don't get paid for the visit.
This entire system is screwed up. It's not American.

HPD sent a letter requesting a written notification that he does not have any medical conditions that prohibit him from owning a firearm, Kaiser are saying NO, thats not what we do, thats not what the law says. They are only willing to send his relevant medical records to HPD to make their own determination ( This is what the law says HPD asking fro anything other then your medical records is in violation of the law ) HPD take the refusal of sending a written confirmation and turns it into a denial.

This has nothing to do with Kaiser, they are not at fault. This is to do with HPD requesting information outside of what the law requires/allows.

I am wondering if there is something we are missing here, something in the record somewhere that isn't being mentioned. Maybe something not obvious? As you explained, you decided to cancel the permit right? If this is the case then you were not denied which rules out 134-7.2.
 

Although he cancelled his pistol permit, they sent him a letter stating he had to surrender all of his firearms. they stated HRS 134-7 as the reason, they did no give a letter (for which section) or explanation,

HPD sent a letter requesting a written notification that he does not have any medical conditions that prohibit him from owning a firearm, Kaiser are saying NO, thats not what we do, thats not what the law says. They are only willing to send his relevant medical records to HPD to make their own determination ( This is what the law says HPD asking fro anything other then your medical records is in violation of the law ) HPD take the refusal of sending a written confirmation and turns it into a denial.

This has nothing to do with Kaiser, they are not at fault. This is to do with HPD requesting information outside of what the law requires/allows.

They are both at fault.
Doctors there are willing to write a letter or simply not respond if no threat is apparent.
It is kaiser's anti 2A policy which makes them different than hmsa or hmaa, or any other insurance provider except Straub.
It is this policy that adds to the confiscation. Then hpd takes advantage of it.
this policy ties the hands of kaiser doctors.
But they choose to send hpd a letter, stating their no-balls stance on the 2A.
Then hpd Chooses To Red Flag you. And they will for any reason.
Could be for biting your fingernails, or anything.
Now we are stuck going out of our way spending hundreds of dollars to keep our firrarms.

I've went through all this myself a while ago
And now must deal with this every year for the rest of my life as long as I live here, or until this turns back into America.

FYI/FYSA London808 my personal physician does not reply to HPD when they send the request for info to him. A lack of response is treated as a no. My physician is also a Hawaii Pacific Health Partner aka Struab. My insurance is through HMSA I have had no problem obtaining multiple permits to acquire over the last few years.


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FYI/FYSA London808 my personal physician does not reply to HPD when they send the request for info to him. A lack of response is treated as a no. My physician is also a Hawaii Pacific Health Partner aka Struab. My insurance is through HMSA I have had no problem obtaining multiple permits to acquire over the last few years.


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Thats what i said ? Your doctor must provide only what the release allows, If they ask for your medical records relating to mental illness and addiction he is required to provide them. They do not ask for that tho, they ask for a written statement saying that you are medically aloud to own a firearm,. Doctors do not respond or in the case of kaiser say nope not gona happen.

The letter that was sent our previously read along the lines of, If you feel that This person is not medically fit to possess a firearm please notify us within 7 days or we will let them have it,  HPD changed the letter last year to you must send us a letter saying they are medically fit, Which has caused all this bullshit.

their is are a few of ways around it.
Pay to see a doctor who is willing to sign the statement.
When you apply for your permit leave the doctors section BLANK, you are not required to give your doctors name and address, only sign the release.
When HPD ask if you have Kaiser dont respond and just fill out the form for your doctor. Name and Address, Not the address HPD uses (if they even let you fill out the form) which sends it to office and not your physician.
Make sure to have all your forms printed out and filled in when you get to the station.

Let's be careful what we suggest here..   you cannot lie and say you have no doctor if you do, in fact, have one...

Let's be careful what we suggest here..   you cannot lie and say you have no doctor if you do, in fact, have one...

I never said to do that and would never suggest to do so. what i said is, your not required to provide your doctors information,  giving false information for the purpose of obtaining a permit is a felony and will result in losing your gun rights.

I never said to do that and would never suggest to do so. what i said is, your not required to provide your doctors information,  giving false information for the purpose of obtaining a permit is a felony and will result in losing your gun rights.

Sorry to hear about your situation, we all should be worried. Sounds like hpd is up to something.. Hey if worst comes to worst, just remember the phrase "Over my dead body! " for your last option..

Hang in there, stay in the fight.