Sales and transfer between private citizens? (Read 16415 times)

clshade

Sales and transfer between private citizens?
« on: November 27, 2011, 12:17:41 PM »
How do person to person sales work in Hawaii?

No FFL transfer is needed because it is happening within the state, correct?

If it is a pistol, the buyer has to get a permit to acquire. Is there some paperwork or de-registration process the seller has to do?

Thanks,
Chris

Kingkeoni

Re: Sales and transfer between private citizens?
« Reply #1 on: November 27, 2011, 12:20:32 PM »
Best bet is to meet at HPD.

Rifles transfer instantly.

Pistols, buyer goes to apply for permit to acquire. He/she needs make model, caliber, barrel length, serial #.

Two weeks later buyer and seller meet at HPD and transfer firearm there.

This is the best way to do it.
Your number one Option for Personal Security is a lifelong commitment to avoidance, deterrence, and de-escalation.

Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.

Aegis808

Re: Sales and transfer between private citizens?
« Reply #2 on: November 27, 2011, 12:24:32 PM »
whats to stop someone from saying they just bought it out of state?

Kingkeoni

Re: Sales and transfer between private citizens?
« Reply #3 on: November 27, 2011, 12:42:57 PM »
HPD will check their registration records.
Your number one Option for Personal Security is a lifelong commitment to avoidance, deterrence, and de-escalation.

Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.

Aegis808

Re: Sales and transfer between private citizens?
« Reply #4 on: November 27, 2011, 12:50:10 PM »
but who's to say that they didn't sell the gun out of state?

Kingkeoni

Re: Sales and transfer between private citizens?
« Reply #5 on: November 27, 2011, 12:58:37 PM »
but who's to say that they didn't sell the gun out of state?

Good luck.  :wave: 
Your number one Option for Personal Security is a lifelong commitment to avoidance, deterrence, and de-escalation.

Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.

clshade

Re: Sales and transfer between private citizens?
« Reply #6 on: November 27, 2011, 01:01:58 PM »
Thanks you guys. :)

Aegis808

Re: Sales and transfer between private citizens?
« Reply #7 on: November 27, 2011, 01:02:38 PM »
lol not trying to be smart just wondering

Kingkeoni

Re: Sales and transfer between private citizens?
« Reply #8 on: November 27, 2011, 01:30:48 PM »
Thanks you guys. :)

You're welcome.

Please don't take Aegis advice.
Its not worth losing your right to ever own a gun because someone gave you bad advice.
Your number one Option for Personal Security is a lifelong commitment to avoidance, deterrence, and de-escalation.

Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.

clshade

Re: Sales and transfer between private citizens?
« Reply #9 on: November 27, 2011, 01:51:22 PM »
No worries. :)

The gun in question is registered to its owner so trying to pull a fast one would serve no purpose, really. The owner is just as eager to avoid legal complications as I am.

I'm not a huge fan of the permit and  registration law but as long as its the law... its the law.

GZire

Re: Sales and transfer between private citizens?
« Reply #10 on: November 27, 2011, 02:36:55 PM »
but who's to say that they didn't sell the gun out of state?

FFL paperwork.

Aegis808

Re: Sales and transfer between private citizens?
« Reply #11 on: November 27, 2011, 04:13:17 PM »
but who's to say that they didn't sell the gun out of state?

FFL paperwork.

you can still buy private FTF out of state though. i'm not trying to be sly or anything it just seems like a gap of info that the HPD really can't get their hands on.

Tom_G

Re: Sales and transfer between private citizens?
« Reply #12 on: November 27, 2011, 04:20:56 PM »
When you sell a gun that's registered in Hawaii, HPD expects you to report it.  So, if you sold the gun out-of-state, they'd expect a letter to that effect.

If I were to show up to register a gun that I claimed I bought on the mainland from Bob Smith, and Bob Smith had previously registered that gun in Hawaii, you best believe that HPD is going to pick up the phone and call Bob Smith.  And, should Bob Smith still be a resident of Hawaii, they're going to want to know why, exactly, ol' Bob didn't tell them he had sold his gun.

Now probably no one goes to jail, or gets any form of legal action taken against them, but it will add to the hassle.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

Funtimes

Re: Sales and transfer between private citizens?
« Reply #13 on: November 27, 2011, 05:56:30 PM »
When you sell a gun that's registered in Hawaii, HPD expects you to report it.  So, if you sold the gun out-of-state, they'd expect a letter to that effect.

If I were to show up to register a gun that I claimed I bought on the mainland from Bob Smith, and Bob Smith had previously registered that gun in Hawaii, you best believe that HPD is going to pick up the phone and call Bob Smith.  And, should Bob Smith still be a resident of Hawaii, they're going to want to know why, exactly, ol' Bob didn't tell them he had sold his gun.

Now probably no one goes to jail, or gets any form of legal action taken against them, but it will add to the hassle.

No duty or obligation to HPD report the transfer of a gun, unless someone from this state is purchasing from you -- in our state. At which point they sign the permit paperwork is all. I have lots of questions on the legalities of selling guns when I am on a submarine to another person or if I were on another countries submarine or ship.
Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

Tom_G

Re: Sales and transfer between private citizens?
« Reply #14 on: November 28, 2011, 06:37:03 AM »
No duty or obligation to HPD report the transfer of a gun, unless someone from this state is purchasing from you -- in our state. At which point they sign the permit paperwork is all.

You'll note I used the word "expects," not "requires."  Although, if you ask them about it, they will tell you that you "have to." 
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

GZire

Re: Sales and transfer between private citizens?
« Reply #15 on: November 28, 2011, 04:23:46 PM »
but who's to say that they didn't sell the gun out of state?

FFL paperwork.

you can still buy private FTF out of state though. i'm not trying to be sly or anything it just seems like a gap of info that the HPD really can't get their hands on.

There are always ways around things.  The question is how much do you want to pay for it if you get caught.

Mr. Farknocker

Re: Sales and transfer between private citizens?
« Reply #16 on: November 28, 2011, 05:16:24 PM »
I was going to ask if it is a requirement for the seller to show up at HPD but when I thought about the process of transferring person-to-person firearms, I think I know the answer to my own question. HPD doesn't allow you to take the transfer forms home. You have to complete them in person. The transferor, therefore, must appear in person to sign the transfer form. Of course, if the transferor doesn't have to sign the transfer form then I could be wrong. Can anyone confirm?

Funtimes

Re: Sales and transfer between private citizens?
« Reply #17 on: November 28, 2011, 05:46:54 PM »
I was going to ask if it is a requirement for the seller to show up at HPD but when I thought about the process of transferring person-to-person firearms, I think I know the answer to my own question. HPD doesn't allow you to take the transfer forms home. You have to complete them in person. The transferor, therefore, must appear in person to sign the transfer form. Of course, if the transferor doesn't have to sign the transfer form then I could be wrong. Can anyone confirm?

If people are having problems with forms would be nice to know.  They have already heard from me once and ended up coughing up the documents (this is when they wouldn't give me CCW applications, registration forms, and mental health waivers, permit to acquire forms, which I now have copies of all them). I think most people do it because its easy to meet up there and just sign / sign - transfer - and register.  By statute though, not required.
Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

Tom_G

Re: Sales and transfer between private citizens?
« Reply #18 on: November 28, 2011, 06:39:54 PM »
I was going to ask if it is a requirement for the seller to show up at HPD but when I thought about the process of transferring person-to-person firearms, I think I know the answer to my own question. HPD doesn't allow you to take the transfer forms home. You have to complete them in person. The transferor, therefore, must appear in person to sign the transfer form. Of course, if the transferor doesn't have to sign the transfer form then I could be wrong. Can anyone confirm?



There's no "transfer form."  But, if the seller meets you there when you pick up your permit to acquire, he can hand it over to you and you can proceed straight to registration.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

Kingkeoni

Re: Sales and transfer between private citizens?
« Reply #19 on: November 28, 2011, 09:11:03 PM »
I was going to ask if it is a requirement for the seller to show up at HPD but when I thought about the process of transferring person-to-person firearms, I think I know the answer to my own question. HPD doesn't allow you to take the transfer forms home. You have to complete them in person. The transferor, therefore, must appear in person to sign the transfer form. Of course, if the transferor doesn't have to sign the transfer form then I could be wrong. Can anyone confirm?

I've taken forms to be signed by a seller before.

As far as I know, you are allowed to take the permit to acquire with you to get signed.
Your number one Option for Personal Security is a lifelong commitment to avoidance, deterrence, and de-escalation.

Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.