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Gov. Ige signed! (Read 61628 times)

T342

Re: Gov. Ige signed!
« Reply #80 on: June 24, 2016, 11:17:50 AM »
Quote from: wolfwood on June 24, 2016, 10:48:45 AM
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?

7/1/16 is correct. Page 17 Line 9

What is your interpretation of the new law with regards to who will actually go into the Rap Back database. Is it just new applicants, or is it everyone who has ever applied ? If it is everyone who has ever applied, wouldn't that be an ex post facto law ?

Same question for the new harassment and hospitalization laws. Will prior harassment convictions result in disqualification under the new law ?
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wolfwood

Re: Gov. Ige signed!
« Reply #81 on: June 24, 2016, 11:21:46 AM »
Sounds like it only applies to future purchases.

I haven't looked at the harassment law. I'll take a look.  If I win at the Ninth in Fisher v Kealoha then that will take care of that law to.
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T342

Re: Gov. Ige signed!
« Reply #82 on: June 24, 2016, 11:27:26 AM »
Quote from: wolfwood on June 24, 2016, 11:21:46 AM
Sounds like it only applies to future purchases.

I haven't looked at the harassment law. I'll take a look.  If I win at the Ninth in Fisher v Kealoha then that will take care of that law to.

Thanks. Here are links to the other bills Ige signed.

http://www.capitol.hawaii.gov/session2016/bills/HB625_SD1_.HTM

http://www.capitol.hawaii.gov/session2016/bills/HB2632_CD1_.HTM
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wolfwood

Re: Gov. Ige signed!
« Reply #83 on: June 24, 2016, 11:37:41 AM »
Quote from: T342 on June 24, 2016, 11:27:26 AM
Thanks. Here are links to the other bills Ige signed.

http://www.capitol.hawaii.gov/session2016/bills/HB625_SD1_.HTM

http://www.capitol.hawaii.gov/session2016/bills/HB2632_CD1_.HTM
Per the bill it does not affect conviction that already happened.
This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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punaperson

Re: Gov. Ige signed!
« Reply #84 on: June 24, 2016, 11:40:35 AM »
Just talked to the governors office. It took them a while but they confirmed that the bill took effect upon signing, so it's been in effect since yesterday afternoon. If they interpret it to mean all existing registrants, then we're (possibly) all already in. Good luck getting out.

From the bill itself (the link to the bills on the legislature website now work again):

SECTION 7. This Act shall take effect upon its approval.
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RSN172

Re: Gov. Ige signed!
« Reply #85 on: June 24, 2016, 12:28:45 PM »
I guess that means no new gun purchases for me until this law gets revoked.  I was hoping to buy a Springfield XD later this year.
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PalisadesKid

Re: Gov. Ige signed!
« Reply #86 on: June 24, 2016, 01:29:11 PM »
Called the HPD Firearms Division and when I stated 'Im calling regarding this Rap Back requirement and those with firearms already registered" and the woman who answered the phone quickly cut me off saying "we know nothing until the AG signs it."

Uh. WHAT?

I might have mis-understood what she said, but she hung up so quickly that there was no chance to even ask what she meant by that.
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ren

Re: Gov. Ige signed!
« Reply #87 on: June 24, 2016, 01:35:32 PM »
Quote from: PalisadesKid on June 24, 2016, 01:29:11 PM
Called the HPD Firearms Division and when I stated 'Im calling regarding this Rap Back requirement and those with firearms already registered" and the woman who answered the phone quickly cut me off saying "we know nothing until the AG signs it."

Uh. WHAT?

I might have mis-understood what she said, but she hung up so quickly that there was no chance to even ask what she meant by that.

They need a To: HPD From:AG memo
No email. Has to be typed perfect first time GO on a typewriter.
« Last Edit: June 24, 2016, 01:53:58 PM by ren »
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Deeds Not Words

punaperson

Re: Gov. Ige signed!
« Reply #88 on: June 24, 2016, 01:43:59 PM »
Quote from: PalisadesKid on June 24, 2016, 01:29:11 PM
Called the HPD Firearms Division and when I stated 'Im calling regarding this Rap Back requirement and those with firearms already registered" and the woman who answered the phone quickly cut me off saying "we know nothing until the AG signs it."

Uh. WHAT?

I might have mis-understood what she said, but she hung up so quickly that there was no chance to even ask what she meant by that.
Come on! They can't be bothered by you pestering them to tell you what laws they are applying to you! Just abide by the law and keep your mouth shut! By the way, should you violate the law "ignorance of the law is no excuse". Just sayin'...

Did you call the AG office and ask them? I suspect there's a "Who's on first" routine in the works here...

Edit: Just called the AG office and the person I spoke to doesn't know anything but will have someone call me back...
« Last Edit: June 24, 2016, 01:49:45 PM by punaperson »
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fotomanphil

Re: Gov. Ige signed!
« Reply #89 on: June 24, 2016, 01:45:58 PM »
Quote from: ren on June 24, 2016, 01:35:32 PM
They need a To: HPD From:AG memo

So it looks like there may still be a window for firearms registration before being put into this rap-back system, assuming this system is for new applicants/registrations only? Anyone know how long these "To: HPD From:AG memos" take to happen?
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T342

Re: Gov. Ige signed!
« Reply #90 on: June 24, 2016, 01:49:38 PM »
Quote from: fotomanphil on June 24, 2016, 01:45:58 PM
So it looks like there may still be a window for firearms registration before being put into this rap-back system, assuming this system is for new applicants/registrations only? Anyone know how long these "To: HPD From:AG memos" take to happen?

I suspect they would still report any applications/registrations that were made after 7/1/16. Even if they don't have their stuff in order my then.
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JiRal

Re: Gov. Ige signed!
« Reply #91 on: June 24, 2016, 02:41:16 PM »
Just read in an email from NRA - ILA that the bill went into effect immediately upon his signing.  That is some serious bullshit!!  Does anyone know what time he signed the bill? I registered a shotgun yesterday around 1 and they never said anything about being entered into rap back or collect any money.  :wtf:
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Hanabata

Re: Gov. Ige signed!
« Reply #92 on: June 24, 2016, 02:48:42 PM »
Just submitted a permit to acquire about an hour ago... same routine thus far.
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Garuda

Re: Gov. Ige signed!
« Reply #93 on: June 24, 2016, 02:56:17 PM »
 :popcorn:
« Last Edit: June 24, 2016, 03:04:59 PM by Garuda »
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Rocky

Re: Gov. Ige signed!
« Reply #94 on: June 24, 2016, 03:20:43 PM »
Quote from: wolfwood on June 24, 2016, 10:31:57 AM
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.

Anybody know how to start up a "Go Fund Me" or similar site ? ???
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Flapp_Jackson

Re: Gov. Ige signed!
« Reply #95 on: June 24, 2016, 03:50:02 PM »
Quote from: JiRal on June 24, 2016, 02:41:16 PM
Just read in an email from NRA - ILA that the bill went into effect immediately upon his signing.  That is some serious bullshit!!  Does anyone know what time he signed the bill? I registered a shotgun yesterday around 1 and they never said anything about being entered into rap back or collect any money.  :wtf:




https://www.fbi.gov/about-us/cjis/cc/library/privacy-act-statement-1
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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

z06psi

Re: Gov. Ige signed!
« Reply #96 on: June 24, 2016, 04:13:20 PM »
According to the Supreme Court this is an Unconstitutional action. It is unconstitutional to Register (record in a government database) the exercising of a right (Thomas v Collins 1945, Lamont v Postmaster General 1965, Haynes v US 1968).
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ren

Re: Gov. Ige signed!
« Reply #97 on: June 24, 2016, 04:16:22 PM »
Quote from: z06psi on June 24, 2016, 04:13:20 PM
According to the Supreme Court this is an Unconstitutional action. It is unconstitutional to Register (record in a government database) the exercising of a right (Thomas v Collins 1945, Lamont v Postmaster General 1965, Haynes v US 1968).

but the Governor said he reviewed it with his legal team....
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Deeds Not Words

punaperson

Re: Gov. Ige signed!
« Reply #98 on: June 24, 2016, 04:43:22 PM »
Quote from: ren on June 24, 2016, 04:16:22 PM
but the Governor said he reviewed it with his legal team....
That's the same legal team that filed the amicus brief for the state of Hawaii in the Peruta case in the Ninth Circuit Court of Appeals which claimed (correctly) that Heller said bearing arms may be regulated in "sensitive places" (such as schools and government buildings), and that (not so correctly in my view) EVERYWHERE outside the home or workplace that is open to the public (i.e. everywhere except private property) is a sensitive place, and therefore the public may lawfully be banned from bearing arms in those locations. Not that it really matters since not one single person in the whole state has a CCW license, but they were just sayin', "just in case"... were someone by some miracle to get a CCW license they can't use it in public. Legal eagles at work.
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FBI

Re: Gov. Ige signed!
« Reply #99 on: June 24, 2016, 04:57:28 PM »
Quote from: whynow? on June 23, 2016, 07:42:56 PM
Since you talk like one smaht buggah, what's your advice to legally protect yourself?   Sure this is a public site,  for responsible gunowners.

I like your posts.

I'm a responsible gun owner like all others on this site.
I won't advocate anything that is illegal.
But I will chaffe at the being  an idiot  that follows the rules
and I despise the Democrats in this state.
My legal means of killing the government is to keep cop pay
as low as possible, so none of them want to work here,
push for Oahu to waste all it's tax dollars on useless rail systems,
buy alternative energy systems that don't work, but are Green and
kill the tourist industry.
I'll be happy when all "Hawaiians" live in Clark county NV.
I take your tongue in cheek remark for what it says.
I'm your brother, but I don't think we are friends, yet.
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