Does The State Of Hawaii Take Your Guns Upon Arrest Without Conviction ? (Read 42057 times)

eyeeatingfish

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

Absolutely. The slideshow even says "... that may affect suitability of persons serving in positions of trust."

http://www.aci-na.org/sites/default/files/credentialing_-_chasity_anderson.pdf

T342

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:


Not true. The cops can confiscate firearms under a restraining order, without a search warrant.

http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0711/HRS_0711-1109.htm


Also, the Supreme Court just ruled that States can require a breath test without a warrant.

http://www.cnn.com/2016/06/23/politics/supreme-court-drunk-driving-breathalyzers-birchfield/


punaperson

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.
I have a damn poor memory and I vaguely remember it being LEO for some agency like DLNR.

He also claimed to know HPD officer Harrison (who arrested two lesbians for kissing in public, I mean, for assaulting a police officer) well enough to claim that he didn't think Harrison would do that. $80,000 of taxpayer money went to the couple to settle the case as apparently someone somewhere thought maybe Harrison did illegally hassle them. Harrison conveniently retired prior to the settlement or any possible court trial at which time all evidence would have been made public.

Not that it matters. What matters is the logic of his arguments, the factuality of his evidence, and whether or not he actually addresses the specific issues or evades answering by diversion or simply failing to respond directly or other means.

The one way it does matter is that if he, by his employment, is "above" the laws we are discussing that apply to us peasants/subjects, then he really doesn't have a (big) dog in the fight if the laws will not effect him or be applied to him due to his possibly being an "only one".

robtmc

The one way it does matter is that if he, by his employment, is "above" the laws we are discussing that apply to us peasants/subjects, then he really doesn't have a (big) dog in the fight if the laws will not effect him or be applied to him due to his possibly being an "only one".
And most tellingly, always finding some silver lining in every anti-2A law being discussed.  It is obvious he likes them, enforcing the notion that they do not and would not affect him.

aieahound

What amuses me is how people like to keep feeding the troll then get their panties in a bunch about the replies. 

EEF, I'm not necessarily saying you're a troll (you pretty much are as you won't agree to disagree and keep pushing crap sideways and people keep feeding you)

But the fact that members will roll down the hill with him makes me laugh.
 :crazy:

We do need a moderate opinion on this forum, IMO.
It just doesn't need to go on and on and on and on............and that's both ways.
Am I a Mod. No. Does my opinion matter. No.
Should we all get along. Hopefully yes.

2A GTG July 2nd Baby !  :shaka:
« Last Edit: June 25, 2016, 12:41:19 PM by aieahound »

edster48

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.

Imagine, if you will, a bureaucracy that's willing to get up off it's rosy ass and make a phone call or send an email to the PD or the AG in the jurisdiction that the accused/convicted person hails from. Imagine if the bureaucracy in that jurisdiction picked up the phone or answered that email and maybe, just maybe, jotted down this important information and compared it to the persons records. If that person owned firearms, whatever laws that might be applicable could be enforced. As an added "bonus" maybe that jurisdiction could send information back to the first jurisdiction to help with the case against the accused.

The REALLY amazing thing is, all this could occur without law abiding citizens that have committed no crime having to be put in a criminal database for exercising their Constitutional rights.

Maybe what we need is a federal law forcing lazy ass LE bureaucracies across the nation to perform this simple, logical act of communication that requires nothing but a small amount of effort on their part.
Always be yourself.
Unless you can be a pirate.
Then always be a pirate.

eyeeatingfish


Not true. The cops can confiscate firearms under a restraining order, without a search warrant.

http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0711/HRS_0711-1109.htm


Also, the Supreme Court just ruled that States can require a breath test without a warrant.

http://www.cnn.com/2016/06/23/politics/supreme-court-drunk-driving-breathalyzers-birchfield/

You posted the wrong section, that one is cruelty to animals. A search warrant isn't needed to confiscate firearms but it is needed to enter into someone's property.

As I understand it, breath tests were ruled as not being invasive into a person's body and thus does not constitute a search. Exterior evidence on a person's body does not require a warrant search. When you start poking people with needles then you run into search issues.

eyeeatingfish

What amuses me is how people like to keep feeding the troll then get their panties in a bunch about the replies. 

EEF, I'm not necessarily saying you're a troll (you pretty much are as you won't agree to disagree and keep pushing crap sideways and people keep feeding you)

But the fact that members will roll down the hill with him makes me laugh.
 :crazy:

We do need a moderate opinion on this forum, IMO.
It just doesn't need to go on and on and on and on............and that's both ways.
Am I a Mod. No. Does my opinion matter. No.
Should we all get along. Hopefully yes.

2A GTG July 2nd Baby !  :shaka:

While I must confess that I sometimes get hung up on the details and side topics too much, the motivations and intentions behind my arguments are not of a trolling nature. Having an accurate discussion is what I strive for and I suppose that ends up with me putting in lots of disclaimers and corrections. This could be a symptom of a mild case of autism, who knows?

This is why on most topics I will mention the pro and con points for a complete picture. The way this forum leans though, I don't really need to mention the pro gun points because well we all know them already and I figure doing so would just be preaching to the quire. Thus, on certain topics, you wont see me representing both sides of an issue because I figure the one side is well represented. Maybe this acknowledgement of both sides of an issue is not that important to others but in my case, that is something I want to see in a discussion. The presentation of pros and cons from both sides that lead to an opinion or stance that can be held more strongly by being able to say all facts are considered.

That is my motivation and thinking. I will leave this answer as is so as not to turn this into a discussion over my thought process.

eyeeatingfish

Imagine, if you will, a bureaucracy that's willing to get up off it's rosy ass and make a phone call or send an email to the PD or the AG in the jurisdiction that the accused/convicted person hails from. Imagine if the bureaucracy in that jurisdiction picked up the phone or answered that email and maybe, just maybe, jotted down this important information and compared it to the persons records. If that person owned firearms, whatever laws that might be applicable could be enforced. As an added "bonus" maybe that jurisdiction could send information back to the first jurisdiction to help with the case against the accused.

The REALLY amazing thing is, all this could occur without law abiding citizens that have committed no crime having to be put in a criminal database for exercising their Constitutional rights.

Maybe what we need is a federal law forcing lazy ass LE bureaucracies across the nation to perform this simple, logical act of communication that requires nothing but a small amount of effort on their part.

Problem with that is we are talking about a huge scale where such a system is too open to abuse, mistakes, and a waste of time. Say you get arrested in another state, they might not know where you come from, even if you have an ID with your address. They aren't going to spend so much time on the phone making sure your hometown jurisdiction knows you were arrested. It is easy to say that people should just get on the phone but we both know things would fall through the crack.

Take the case of two HPD officers getting arrested in Las Vegas smoking weed and running from the cops. Had these guys never mentioned their occupation would we or HPD have ever found out about their criminal case? They might just keep on being cops. A rap back system could let HPD know if their cops are getting arrested elsewhere. The benefit of the system is knowing about things that happen elsewhere that would be important to know here.

If a teacher of your child here was arrested for a pedophilia charge in another state would you want the school to know? Arrest records are already public but realistically a school isn't going to check a teachers record thought the country multiple times a year. Can you at least see how a rap back could have some positive aspects?

edster48

Problem with that is we are talking about a huge scale where such a system is too open to abuse, mistakes, and a waste of time. Say you get arrested in another state, they might not know where you come from, even if you have an ID with your address. They aren't going to spend so much time on the phone making sure your hometown jurisdiction knows you were arrested. It is easy to say that people should just get on the phone but we both know things would fall through the crack.


So let me get this straight, you feel that the larger, even more inefficient federal bureaucracy is better able to abuse, make mistakes and waste time than a smaller local bureaucracy?

You think that, even with a valid ID and an address, LE across the nation is too incompetent to figure out where you're from?

Finally, you're saying that LE just doesn't want to spend the time to do their job?

This is easily the most idiotic rebuttal I've ever seen you post, and a sad indictment of law enforcement's ability to protect the public as well as confirming the need for the law I mentioned in my previous post.

Unless you want me to continue to pound you into the ground like a form stake, on a public forum, I recommend you concede.
Always be yourself.
Unless you can be a pirate.
Then always be a pirate.

troy tanaka

I like how 2ahawaii suppress opinions wether right or wrong about the subject at hand freedom is being challenged now I know why

Heavies

I like how 2ahawaii suppress opinions wether right or wrong about the subject at hand freedom is being challenged now I know why

I don't know where you get that idea. It's been said that 2A Hawaii is moderate the moderating.

T342

You posted the wrong section, that one is cruelty to animals. A search warrant isn't needed to confiscate firearms but it is needed to enter into someone's property.

As I understand it, breath tests were ruled as not being invasive into a person's body and thus does not constitute a search. Exterior evidence on a person's body does not require a warrant search. When you start poking people with needles then you run into search issues.

Sorry about posting the wrong statute. This is the right one: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0007.htm

The law says a police officer can confiscate any firearms in plain sight, and the ones surrendered under the restraining order. No search warrant needed.

Also, I can tell you that I have personally had several HPD officers in my front yard with no warrant, after I had told them to leave. They then proceeded to enter my house and conduct a search against my permission. They were sent there by an investigator for the prosecutor's office, who had given them the false information that I had been beating my girlfriend. They left without incident, but my attorney said it was perfectly legal in Hawaii for them to do that.

Also, a few years ago I was arrested at my business property (which I own), with no warrant. This time my lawyer said that was not legal, but they did it anyway.  I had pressed the cop for a warrant, but he was quite certain that he didn't need one.


Did you happen to see the latest Batman movie ? I know it's fantasy, but one theme was absolutely correct. That power corrupts. It may not corrupt Superman, but it will corrupt most humans.

No offense, but you sound like a young person with very little life experience. As you get older, you will gain wisdom.

eyeeatingfish

Problem with that is we are talking about a huge scale where such a system is too open to abuse, mistakes, and a waste of time. Say you get arrested in another state, they might not know where you come from, even if you have an ID with your address. They aren't going to spend so much time on the phone making sure your hometown jurisdiction knows you were arrested. It is easy to say that people should just get on the phone but we both know things would fall through the crack.


So let me get this straight, you feel that the larger, even more inefficient federal bureaucracy is better able to abuse, make mistakes and waste time than a smaller local bureaucracy?

You think that, even with a valid ID and an address, LE across the nation is too incompetent to figure out where you're from?

Finally, you're saying that LE just doesn't want to spend the time to do their job?

This is easily the most idiotic rebuttal I've ever seen you post, and a sad indictment of law enforcement's ability to protect the public as well as confirming the need for the law I mentioned in my previous post.

Unless you want me to continue to pound you into the ground like a form stake, on a public forum, I recommend you concede.

Failure to share information between law enforcement agencies about people of interest isn't exactly a new thing.

But speaking in terms of man hours alone, it is more efficient to have  a computer do automatic notifications than to have an officer on the phone calling up various agencies. That is true even if we assume police are 100% responsible at making notifications.

eyeeatingfish

Sorry about posting the wrong statute. This is the right one: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0007.htm

The law says a police officer can confiscate any firearms in plain sight, and the ones surrendered under the restraining order. No search warrant needed.

Also, I can tell you that I have personally had several HPD officers in my front yard with no warrant, after I had told them to leave. They then proceeded to enter my house and conduct a search against my permission. They were sent there by an investigator for the prosecutor's office, who had given them the false information that I had been beating my girlfriend. They left without incident, but my attorney said it was perfectly legal in Hawaii for them to do that.

Also, a few years ago I was arrested at my business property (which I own), with no warrant. This time my lawyer said that was not legal, but they did it anyway.  I had pressed the cop for a warrant, but he was quite certain that he didn't need one.


Did you happen to see the latest Batman movie ? I know it's fantasy, but one theme was absolutely correct. That power corrupts. It may not corrupt Superman, but it will corrupt most humans.

No offense, but you sound like a young person with very little life experience. As you get older, you will gain wisdom.

In plain sight means the officer is already inside the home and sees the firearms. Plain sight just means where it is basically observable to anyone present. A basic scenario would be that a domestic occurs and the police respond. The officers find a firearm lying around and recover it if they thing it had some part in the domestic violence situation.

I don't know what to say about your personal experiences as I don't know the specifics. Some situations do give officers the ability to enter without a warrant but others do not. That really depends on the specifics of the situation.

edster48

Failure to share information between law enforcement agencies about people of interest isn't exactly a new thing.

But speaking in terms of man hours alone, it is more efficient to have  a computer do automatic notifications than to have an officer on the phone calling up various agencies. That is true even if we assume police are 100% responsible at making notifications.

Right. It's not a "new" thing, it's the same old shit. Note that I never said it had to be an "officer" making the calls or inputting the data. The LE bureaucracies are filled with lard assed underachieving paper pushers that can perform these tasks just as inefficiently as the lard assed underachievers in the federal bureaucracy. You're deflecting.

None of this shows a "need" for law abiding citizens to be put into a criminal database for exercising their constitutional rights. Quite the opposite. It shows that the LE bureaucracies need to get up off of their collective lazy asses and start doing the job they're being paid for.
Always be yourself.
Unless you can be a pirate.
Then always be a pirate.

Flapp_Jackson

A recent example of a failed "Sounded like a good idea at the time" gun control project...

http://www.baltimoresun.com/news/maryland/bs-md-bullet-casings-20151107-story.html


Quote
Millions of dollars later, Maryland has officially decided that its 15-year effort to store and catalog the "fingerprints" of thousands of handguns was a failure.

Since 2000, the state required that gun manufacturers fire every handgun to be sold here and send the spent bullet casing to authorities. The idea was to build a database of "ballistic fingerprints" to help solve future crimes.

But the system — plagued by technological problems — never solved a single case. Now the hundreds of thousands of accumulated casings could be sold for scrap.

"Obviously, I'm disappointed," said former Gov. Parris N. Glendening, a Democrat whose administration pushed for the database to fulfill a campaign promise. "It's a little unfortunate, in that logic and common sense suggest that it would be a good crime-fighting tool."

The database "was a waste," said Frank Sloane, owner of Pasadena Gun & Pawn in Anne Arundel County. "There's things that they could have done that would have made sense. This didn't make any sense."
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

A recent example of a failed "Sounded like a good idea at the time" gun control project...

http://www.baltimoresun.com/news/maryland/bs-md-bullet-casings-20151107-story.html

The illogic of the Dims is astonishing. This Omar guy passes a background check to buy a gun, shoots the place up, and the Dims immediately call for universal background checks. In fact many of the recent mass shooters had no prior criminal record that would have caused them to fail a background check.

The one common denominator is the gun free zone. They should be made illegal, and arguably are illegal under the 2nd amendment. We're not living in the 1950s Happy Days anymore.

eyeeatingfish

Right. It's not a "new" thing, it's the same old shit. Note that I never said it had to be an "officer" making the calls or inputting the data. The LE bureaucracies are filled with lard assed underachieving paper pushers that can perform these tasks just as inefficiently as the lard assed underachievers in the federal bureaucracy. You're deflecting.

None of this shows a "need" for law abiding citizens to be put into a criminal database for exercising their constitutional rights. Quite the opposite. It shows that the LE bureaucracies need to get up off of their collective lazy asses and start doing the job they're being paid for.

So let me get this straight, you want a government employee to call another jurisdiction anytime a resident from that jurisdiction is arrested? A computer system would do this much quicker and more efficient even if no one was lazy.

Flapp_Jackson

So let me get this straight, you want a government employee to call another jurisdiction anytime a resident from that jurisdiction is arrested? A computer system would do this much quicker and more efficient even if no one was lazy.

Just how many out of state arrests do you really think one jurisdiction makes?  You act like that's some unmanageable, massive amount!
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