Does The State Of Hawaii Take Your Guns Upon Arrest Without Conviction ? (Read 42058 times)

eyeeatingfish

Page 3, first 4 lines. Arrest triggers disqualification. This new bill does not state that disqualification will result in you losing all of your guns, but that is already existing law. See Reply #35 for the link.

It says the permit shall be impounded, but that is just the permit to purchase. So being arrested will invalidate any existing permits to purchase. This is not as bad but still brings up due process questions.

T342

It says the permit shall be impounded, but that is just the permit to purchase. So being arrested will invalidate any existing permits to purchase. This is not as bad but still brings up due process questions.

Once you're denied a permit, you have to dispose of your guns, or they will be seized.

Quote
§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.

punaperson

Once you're denied a permit, you have to dispose of your guns, or they will be seized.
So? What's the problem? You've got a full 30 days to get a second mortgage on your home in order to fund hiring an attorney who will take on the entire deep-pocket taxpayer-funded unlimited-resources of the entire state government's full-time apparatchiks and prove that you ought to be allowed to keep your firearms. How could that be a "problem"? (Peruta 6 years so far, Nichols 5 years so far, Young 4 years so far... etc. etc. etc.).  :crazy:

Edit for spelling.
« Last Edit: June 24, 2016, 01:54:33 PM by punaperson »

T342

So? What's the problem? You've got a full 30 days to get a second mortgage on your home to hire an attorney who will take on the entire deep-pocket taxparyer-funded unlimited-resources of the entire state government's full-time apparatchiks and prove that you ought to be allowed to keep your firearms. How could that be a "problem"? (Peruta 6 years so far, Nichols 5 years so far, Young 4 years so far... etc. etc. etc.).  :crazy:

Immune from civil action government officials caught red handed lying, and fabricating evidence.

eyeeatingfish

Once you're denied a permit, you have to dispose of your guns, or they will be seized.

I was thinking about that however they might be independent of each other. 134-7.3 says "denied a permit" while 134-2 says a permit is "impounded." These are not necessarily the same thing, as impounding doesn't mean the application is denied.

But all of this is already existing law, so will the rap back really change anything? The rap back will let HPD know if an arrest is made in another state. If indeed an arrest means you lose your guns then it is true regardless of whether rap back notifies HPD  or not. If being arrested means you lose your guns then wouldn't a law abiding gun owner dispose of their guns anyway, with or without notification by rap back?

The reason I am on the fence about the rap backs because I haven't seen where it actually changes anything in terms of who can and cannot have a gun. It only shares information.

punaperson

I was thinking about that however they might be independent of each other. 134-7.3 says "denied a permit" while 134-2 says a permit is "impounded." These are not necessarily the same thing, as impounding doesn't mean the application is denied.

But all of this is already existing law, so will the rap back really change anything? The rap back will let HPD know if an arrest is made in another state. If indeed an arrest means you lose your guns then it is true regardless of whether rap back notifies HPD  or not. If being arrested means you lose your guns then wouldn't a law abiding gun owner dispose of their guns anyway, with or without notification by rap back?

The reason I am on the fence about the rap backs because I haven't seen where it actually changes anything in terms of who can and cannot have a gun. It only shares information.

Flapp_Jackson

I was thinking about that however they might be independent of each other. 134-7.3 says "denied a permit" while 134-2 says a permit is "impounded." These are not necessarily the same thing, as impounding doesn't mean the application is denied.

But all of this is already existing law, so will the rap back really change anything? The rap back will let HPD know if an arrest is made in another state. If indeed an arrest means you lose your guns then it is true regardless of whether rap back notifies HPD  or not. If being arrested means you lose your guns then wouldn't a law abiding gun owner dispose of their guns anyway, with or without notification by rap back?

The reason I am on the fence about the rap backs because I haven't seen where it actually changes anything in terms of who can and cannot have a gun. It only shares information.

If that were true, then why did they pass a bill to have Hawaii gun owners added to rap-back?

Your logic is flawed.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

T342

I was thinking about that however they might be independent of each other. 134-7.3 says "denied a permit" while 134-2 says a permit is "impounded." These are not necessarily the same thing, as impounding doesn't mean the application is denied.

But all of this is already existing law, so will the rap back really change anything? The rap back will let HPD know if an arrest is made in another state. If indeed an arrest means you lose your guns then it is true regardless of whether rap back notifies HPD  or not. If being arrested means you lose your guns then wouldn't a law abiding gun owner dispose of their guns anyway, with or without notification by rap back?

The reason I am on the fence about the rap backs because I haven't seen where it actually changes anything in terms of who can and cannot have a gun. It only shares information.

The difference has to do with being arrested in another state. Let's say you're arrested in another state. Rap Back flags the arrest to HPD. HPD sends out your 30 day notice, but you can't respond, because you couldn't get a bail hearing in time to get out of jail, and make the trip back to Hawaii. So HPD is going to break your door down when you're not home in order to seize your guns ?  Sounds like this law, in conjunction with existing laws, allows exactly that to happen.

eyeeatingfish

If that were true, then why did they pass a bill to have Hawaii gun owners added to rap-back?

So HPD would be notified of convictions in other states that make firearm ownership illegal rather than relying on self reporting or continuously running checks on all firearm owners.

eyeeatingfish

The difference has to do with being arrested in another state. Let's say you're arrested in another state. Rap Back flags the arrest to HPD. HPD sends out your 30 day notice, but you can't respond, because you couldn't get a bail hearing in time to get out of jail, and make the trip back to Hawaii. So HPD is going to break your door down when you're not home in order to seize your guns ?  Sounds like this law, in conjunction with existing laws, allows exactly that to happen.

HPD would need to get a search warrant first but again, there is nothing in writing that anyone here has found that says an arrest alone will cause a loss of firearms.

Flapp_Jackson

So HPD would be notified of convictions in other states that make firearm ownership illegal rather than relying on self reporting or continuously running checks on all firearm owners.

Convictions?  No!  The system reports on INITIAL IDENTIFICATION of SUBSCRIBED INDIVIDUALS who have been arrested -- NOT CONVICTED --, individuals like sexual predators, parolees, probationers, and now, the worst criminals of all .... GUN OWNERS!!
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Flapp_Jackson

So HPD would be notified of convictions in other states that make firearm ownership illegal rather than relying on self reporting or continuously running checks on all firearm owners.

I wish you could research on your own.

The system is designed to offer CRIMINAL JUSTICE AGENCIES monitoring on SUPERVISED INDIVIDUALS based on statute or court order (like sex offenders) and PEOPLE UNDER INVESTIGATION FOR A CRIME WITHIN THE STATUTE OF LIMITATIONS FOR CHARGES ASSOCIATED WITH AN ACTIVE CASE.

The only part that covers gun owners in Hawaii is the SUPERVISED definition, because Hawaii has passed into law a statutory supervision clause.

The system is not designed for people who have committed no crimes.  To select a group for simply exercising a Constitutional right and add them to a list of criminals? 

What groups will be next?  Christian churches in case they have a terrorist wannabe?  All school teachers in case they get a DUI out of state?  Anyone going to Las Vegas frequently in case they are hiring hookers or getting arrested with illegal drugs?

It's a simple equation.  You must give up your 4th and 5th amendment rights in order to exercise your 2nd amendment rights.  Why is that so hard to see?

But, it's for safety!
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

dustoff003

Does The State Of Hawaii Take Your Guns Upon Arrest Without Conviction ?
« Reply #52 on: June 25, 2016, 04:38:19 AM »
HPD would need to get a search warrant first but again, there is nothing in writing that anyone here has found that says an arrest alone will cause a loss of firearms.
Search warrant lol. SSD would just roll in shoot your big dog and take your firearms why would they need a search warrant they already know what you have registered according to their records.

EEF what do you do besides wood working sorry I didn't ask when we met. It seems like you might work for HPD?


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edster48

I was thinking about that however they might be independent of each other. 134-7.3 says "denied a permit" while 134-2 says a permit is "impounded." These are not necessarily the same thing, as impounding doesn't mean the application is denied.

But all of this is already existing law, so will the rap back really change anything? The rap back will let HPD know if an arrest is made in another state. If indeed an arrest means you lose your guns then it is true regardless of whether rap back notifies HPD  or not. If being arrested means you lose your guns then wouldn't a law abiding gun owner dispose of their guns anyway, with or without notification by rap back?

The reason I am on the fence about the rap backs because I haven't seen where it actually changes anything in terms of who can and cannot have a gun. It only shares information.

Wrong. It gathers information.

Specifically about law abiding firearms owners exercising their constitutional rights and where they are. If any sharing is being done, it's the state "sharing" this information with the federal government. If you girls want to "share" information, by all means go ahead, there's nothing preventing you from doing so. Make a phone call, send an email requesting information on the arrested person's record. I find it ludicrous that I'm expected to believe a law enforcement agency in Bumfuck Some Other State isn't going to do this if a perpetrator is identified as a Hawaii resident, without gun owners being on a criminal watch list. It defies logic. The insanity only gets deeper if I'm expected to believe that HPD is incapable of "flagging" a record that is subject to such a request without that person being entered into a federal criminal database. The entire premise is BS.

This law infringes on our constitutional rights to due process, and is illegal under the Firearms Owners Protection Act.
Always be yourself.
Unless you can be a pirate.
Then always be a pirate.

Flapp_Jackson

Fish Boy, maybe you can explain why people WHO ALREADY OWN GUNS should be monitored as if they are criminals as opposed to, say, HPD officers?  or Big Island Mayors?  or Illinois State Governors?

Will this system PREVENT crime?  If I know I'm being monitored, you really think I'm going to commit a crime to have my guns taken away if I plan on committing mass murder, or just one murder?  How many people in the system will be flagged and charged with murder as their only crime?  What did that prevent?  MAYBE it prevented me from getting caught doing smaller crimes -- not from doing them, but being more careful about not getting caught.  And if the crimes occurred in Hawaii, the RAP-BACK was a waste of resources!

Gun owners are being singled out for criminal monitoring simply because we own guns.  Guns are a Constitutionally protected right, not a crime.  Is this the "reasonable, common sense" gun control you had in mind when you wrote how much you support these kine measures? 

This is madness, using "safety of the children" to push an unconstitutional law to once again make it that much more undesirable to own guns, all the while preventing NO CRIME!
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

eyeeatingfish

Search warrant lol. SSD would just roll in shoot your big dog and take your firearms why would they need a search warrant they already know what you have registered according to their records.

EEF what do you do besides wood working sorry I didn't ask when we met. It seems like you might work for HPD?


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Entering someone's home, or bag or car for that matter, is a search and requires a search warrant. Even if they are just "recovering" firearms they know to be there, a search warrant is still required.

As for the second part, I respectfully decline to mention my full time profession for reasons that would be clear if you knew my profession. It doesn't involve killing people who find out my profession though  :thumbsup:

eyeeatingfish

Wrong. It gathers information.

Specifically about law abiding firearms owners exercising their constitutional rights and where they are. If any sharing is being done, it's the state "sharing" this information with the federal government. If you girls want to "share" information, by all means go ahead, there's nothing preventing you from doing so. Make a phone call, send an email requesting information on the arrested person's record. I find it ludicrous that I'm expected to believe a law enforcement agency in Bumfuck Some Other State isn't going to do this if a perpetrator is identified as a Hawaii resident, without gun owners being on a criminal watch list. It defies logic. The insanity only gets deeper if I'm expected to believe that HPD is incapable of "flagging" a record that is subject to such a request without that person being entered into a federal criminal database. The entire premise is BS.

This law infringes on our constitutional rights to due process, and is illegal under the Firearms Owners Protection Act.

True, by entering us all into the system it does end up gathering data, but the purpose of the system itself is to inform local jurisdictions of significant events in other jurisdictions. Now I am not a big fan of a federal system tracking all gun owners either and that is one of the things I consider to be a point against it. But the system as an idea, not limited to firearms alone, makes sense in terms of law enforcement efficacy and efficiency.

Imagine a different group of people, lets say teachers. Imagine a teacher from Hawaii is on a trip to the mainland and gets arrested or even convicted for a pedophilia type charge. That person may return to Hawaii and the school would be none the wiser unless the teacher informed them of his arrest or conviction. A system like rap back could provide a notification and action could be taken where otherwise no one might know to take action. That is the benefit of the system. There are other negative implications to the program but there do exist positives in the system. That is why I am on the fence because I haven't yet decided whether the negatives outweigh the positives. I am not trying to convince anyone that it is some great system, just to look at the whole picture.

As sort of an anecdote, my friend who works at the firearms window explained that there have been times where someone who genuinely should not have a firearm was able to possess firearms and that the rap back would have enabled them to catch this individual. I did not share his enthusiasm but understood where he was coming from.

eyeeatingfish

Fish Boy, maybe you can explain why people WHO ALREADY OWN GUNS should be monitored as if they are criminals as opposed to, say, HPD officers?  or Big Island Mayors?  or Illinois State Governors?

Maybe all government servants of any significant power positions should be entered into the system.

Jl808

IMO the politicians who did this rap back thing should also be entered in the database.
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robtmc

EEF what do you do besides wood working sorry I didn't ask when we met. It seems like you might work for HPD?
I am fairly certain (and I have a damn good memory) that a long time ago he admitted being a cop. 

Down-thread he claims to have a friend that works the firearms window, draw your own conclusions.