Buying a pre 1994 gun and not registering it would still be illegal.

How would they know I did not already own it prior to 1994 if if was never registered ?

How would they know I did not already own it prior to 1994 if if was never registered ?

One way would be if you were too young to legally own a pistol prior to 1994. 

1994 - 21 = 1973.  If you were born in 73 or later, you'd have broken a different gun law! 

http://gawker.com/5974190/here-is-a-list-of-all-the-assholes-who-own-guns-in-new-york-city

I thought NY City was worse than Hawaii, but it is not.  They have issued thousands of carry permits.  I what I don't know is how many on that list was rich enough to buy a permit.

Rick and I are thinking about it.
It appears to me that federal law preempts this new law

Thanks Wolfwood.

Let us know if there is anything we can do to convince you guys to take this on.

This is a big one.

One way would be if you were too young to legally own a pistol prior to 1994. 

1994 - 21 = 1973.  If you were born in 73 or later, you'd have broken a different gun law! 

I got my first handgun permit from HPD in 1971.  Handguns of course always had to be registered, so I am talking about long guns, which I think someone 18'years old can legally buy.  Not 100% sure since I haven't had to worry about being of legal age for the past 45 years.

How is it legal for the State of Hawaii to keep a firearm database violating FOPA.

That's a rhetorical question, right?

Or one you forget to include "/sarc" after?

You keep using that word "legal". I do not think it means what you think it means.

How is it legal for the State of Hawaii to not allow one single person in the entire state to legally bear arms outside their residence or place of work?

 

That's a rhetorical question, right?

Or one you forget to include "/sarc" after?

You keep using that word "legal". I do not think it means what you think it means.

How is it legal for the State of Hawaii to not allow one single person in the entire state to legally bear arms outside their residence or place of work?

 

Sorry.  I couldn't resist.   



Anyways, 

One way would be if you were too young to legally own a pistol prior to 1994. 

1994 - 21 = 1973.  If you were born in 73 or later, you'd have broken a different gun law! 

Not true I had my first handgun at 19, private sales were not restricted to persons under 21.
Only applied to dealer sales.

Not true I had my first handgun at 19, private sales were not restricted to persons under 21.
Only applied to dealer sales.

Okay, we add a few years.  What was the age limit for handguns before 1994?  18? 16?

For long guns?

Okay, we add a few years.  What was the age limit for handguns before 1994?  18? 16?

For long guns?

21 for handguns from dealers.

everything else was 18 for long guns and private sales of .handguns

What does a person need to have standing in a case against the State in this matter?
Would we have to have been entered into the Rap Back system?

Thanks Wolfwood.

Let us know if there is anything we can do to convince you guys to take this on.

This is a big one.

Honestly its largely a matter of money.  I think I can get a preemption lawsuit together but this is a case that will definitely go to the court of appeals. That's a couple years at least working on a case without pay if we decide to take it.
If you guys got a fund raiser that would be a lot easier for us to put aside our standard practice to work on another appeal.

Not true I had my first handgun at 19, private sales were not restricted to persons under 21.
Only applied to dealer sales.

From my own perspective, I don't think any gun will be looked at for pre-1994 legal ownership unless the cops have a reason to research the specific serial numbers, like if you are being investigated for gun related crimes.

As long as you weren't born in 1986 or later and there's no suspicion the gun was stolen or transferred illegally, I can't see them expending resources over a legally unregistered firearm.

What does a person need to have standing in a case against the State in this matter?
Would we have to have been entered into the Rap Back system?

If you are a gun owner a preenforcement challenge could be filed before your name is actually put into the system.

fbi.gov/about-us/cjis/fingerprints_biometrics/ngi
Rap Back
The Rap Back service allows authorized agencies to receive notification of activity on individuals who hold positions of trust (e.g. school teachers, daycare workers) or who are under criminal justice supervision or investigation, thus eliminating the need for repeated background checks on a person from the same applicant agency.

AS PER NGI Rap Back Service
The NGI Rap Back Service Provides benefit in two domains:
Non-criminal justice applicants, employees,
volunteers, and licensees;
Individuals under the supervision or investigation of criminal justice agencies
http://www.aci-na.org/sites/default/files/credentialing_-_chasity_anderson.pdf
I AM NONE OF THE ABOVE ( unless I am a "Non-criminal  licensees, in which case I still should not be on this list

Customer Benefits
Offers notification of future events that may affect  suitability of persons serving in positions of trust.
Provides timely notification of arrests of individuals placed on probation or parole.
Task of performing subsequent fitness  determination through taking fingerprints, fees,
AGAIN, NONE OF THE ABOVE PERTAINS TO ME


"The FBI has run criminal background checks for state and local agencies, as well as employers, for some time now. But with NGI, the agency has a new plan: the "rap back" scheme. It will be voluntary — but the decision to participate will reside with the employer, not the employee. In other words, if your boss wants to sign up, tough luck.
Here's how it will work: the boss at a company or organization signs an agreement with the FBI to implement the "rap back" program. You'd like to work there, and submit to a background check to do so. Your fingerprints are taken before you get your job, a routine part of the criminal background check, your almost-boss tells you. The fingerprints are then sent to the FBI, whereupon the agency makes a determination about your criminal history, and informs your almost-boss about whether or not you are likely to be a good hire.
That was all old news. Here's the kicker: under the new plan, the FBI will retain your fingerprints, even if you've never committed a crime, so that if you are arrested or get into any trouble, the agency can inform your boss of your arrest. Behind your back."
CLEAR VIOLATIONS OF PRIVACY
Once NGI is fully deployed and once each of its approximately 100 million records also includes photographs, it will become trivially easy to find and track Americans.
FULL RAP BACK DOCS
https://epic.org/privacy/fbi/Rap-Back-FOIA-Docs-1st-Prod.pdf
 

If you are a gun owner a preenforcement challenge could be filed before your name is actually put into the system.

Can you give a ball park figure or good starting point for funds required ?

First for the preenforcement challenge and then for the whole salami ?

21 for handguns from dealers.

everything else was 18 for long guns and private sales of .handguns

Ah, the good old days. 

While we're reminiscing, what were the laws pertaining to open and concealed carry in public and was anyone "legally" allowed to do so? Or has this always been a fascist dictatorship? (I intended that as a rhetorical question, but hope to be pleasantly surprised by being notified that the near-total domination of all state offices by Democrats did not always mean people here have been disarmed outside their homes. Too much to expect?)

Can you give a ball park figure or good starting point for funds required ?

First for the preenforcement challenge and then for the whole salami ?

Not online.  I've already been contacted by one member of the forum.  I'd be happy to discuss this over the phone with you.

It would just be one lawsuit.  Preenforcement just means you are filing before the law goes into effect.

When does this law actually go into effect?

.

When does this law actually go into effect?

July 1, 2016. You've got a week. Good Luck! 

Edit:

42) SECTION 6.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

1. I suppose that might mean that if you started the handgun permit to acquire process prior to the July 1 date that it wouldn'e effect you, but I wouldn't bet on the government to "interpret" the law that way.

2. There is no date of implementation stated in the bill itself, as least in the version I saw online.

Edit 2: the official hawaii state legislature page for SB2954 leads to error pages when any of the three .pdf version of the bill are clicked on. Supposedly all passed bills include a date of effectiveness. I wrote the webmaster.