So a friend of mine won the auction for a local storage locker and found several pistols and long arms inside. Her husband called HPD today before heading down there to see what he needs to do to re-register the firearms (he's already on his way) and HPD apparently told him that they will confiscate the firearms since "they aren't allowed to keep them." My friend doesn't own firearms already, so any longarm/pistol permits needed would be for the first time. As you can understand, they are a bit worried, they were planning on selling them once they got them registered in their names.

Is HPD allowed to just confiscate these firearms absent a codified reason? My friend won the storage locker in an auction, and has receipts for that. I realize this is likely too little, too late, but I wanted to get everyone's opinion.

I used to watch Storage Wars and I recall at least two separate episodes with different results.  I thought one mentioned something about firearms excluded and I thought the other one mentioned having the guns transferred to an FFL and that as long as the guns weren't stolen or otherwise cleared, that the firearms went to the auction winner.  I think the first case was CA and the second one might have been Arizona.  It's been a while since I've watched those shows and who knows if they reported things correctly.

I would think that everything in the container is now under title with the auction winner, but I haven't heard of anyone coming across firearms in Hawaii storage lockers.  Would be pretty interesting to watch these auctions and see what people find though.  Another form of gambling. 

Would be a non-issue on the mainland.  I'm going to look at it from different angles.

Could be confiscated for a "place to keep" violation.
The registered owner did not transfer the guns to you so it's does not belong to you.
If the owner abandoned them, and they do not belong to you, then it belongs to the State.
The guns are in limbo without a current registered owner, so police would take them.

I'm not sure what would've happened if they just tried to register it without notifying the police.  I'm guessing they would've caught the guns were registered to someone else and asked questions on how they got them and required the previous owner to sign them over.  If the police found out the truth they would confiscate the guns.  If the police were lied to, then your friends could be arrested for fraud.

So a friend of mine won the auction for a local storage locker and found several pistols and long arms inside. Her husband called HPD today before heading down there to see what he needs to do to re-register the firearms (he's already on his way) and HPD apparently told him that they will confiscate the firearms since "they aren't allowed to keep them." My friend doesn't own firearms already, so any longarm/pistol permits needed would be for the first time. As you can understand, they are a bit worried, they were planning on selling them once they got them registered in their names.

Is HPD allowed to just confiscate these firearms absent a codified reason? My friend won the storage locker in an auction, and has receipts for that. I realize this is likely too little, too late, but I wanted to get everyone's opinion.

Your friend needs to apply for a firearms permit for rifles and each pistol. The serial numbers will be on the receipt given by HPD.  Once they wait the 14 days and complete the background check HPD must return the firearms to them.

Would be a non-issue on the mainland.  I'm going to look at it from different angles.

Could be confiscated for a "place to keep" violation.
The registered owner did not transfer the guns to you so it's does not belong to you.
If the owner abandoned them, and they do not belong to you, then it belongs to the State.
The guns are in limbo without a current registered owner, so police would take them.

I'm not sure what would've happened if they just tried to register it without notifying the police.  I'm guessing they would've caught the guns were registered to someone else and asked questions on how they got them and required the previous owner to sign them over.  If the police found out the truth they would confiscate the guns.  If the police were lied to, then your friends could be arrested for fraud.

Not quite.  The abandoned guns legally belong to the storage locker owner.  They have a lien on the property for nonpayment.  Hence, the storage company can prove ownership and should be listed as the transferring party on the permit application.  Your friend should have notified the storage locker owner of the firearms upon discovery.  The locker owner should produce a receipt for the firearms with individual descriptions of each.  That should suffice for HPD in so far as who the legal owner is now.

I'm not a lawyer, but that is my best guess.

Not quite.  The abandoned guns legally belong to the storage locker owner.  They have a lien on the property for nonpayment.  Hence, the storage company can prove ownership and should be listed as the transferring party on the permit application.  Your friend should have notified the storage locker owner of the firearms upon discovery.  The locker owner should produce a receipt for the firearms with individual descriptions of each.  That should suffice for HPD in so far as who the legal owner is now.

I'm not a lawyer, but that is my best guess.

Does make sense in that the other contents of the locker are being sold off by the storage owners.  However I'm not sure how the registration requirements would come into play .

Some years ago I filed a found property report and turned in the item to the police dept. After 45 days if the owner did not show up, the property becomes yours if you pick it up. I think that might work for your friend. During the 45 day waiting period, your friend could complete tbe acquisition requirements.
During that 45 day period, hpd would be able to ascertain that the guns were not stolen or used in a crime. Fwiw

Does make sense in that the other contents of the locker are being sold off by the storage owners.  However I'm not sure how the registration requirements would come into play .

Should be similar to inheritance.  Original registered owner passed ownership to another (in this case via contract and lien).  That owner then transfers ownership to you.

It's feasible the guns were never registered in Hawaii.  Many lockers are rented by military, and not all military members have the time to register if deploying immediately or even know to register with the state.  If that's the case here, HPD would view them like an out-of-state registration.

Some years ago I filed a found property report and turned in the item to the police dept. After 45 days if the owner did not show up, the property becomes yours if you pick it up. I think that might work for your friend. During the 45 day waiting period, your friend could complete tbe acquisition requirements.
During that 45 day period, hpd would be able to ascertain that the guns were not stolen or used in a crime. Fwiw

Its not a found item, He legally purchased the item. The only reason i can see them taking the firearms is because he does not have the paperwork, Once he completes the permit process they should return/register them to him.

Its not a found item, He legally purchased the item. The only reason i can see them taking the firearms is because he does not have the paperwork, Once he completes the permit process they should return/register them to him.

...
But during the waiting period he is not entitled to keep them.

Well bad news - HPD confiscated the firearms. They told my friend's husband they had no legal claim to the guns. I guess winning the auction (and having receipts) and thus gaining ownership of its contents doesn't count.

They are considering legal options, so who knows if this is the end of the story.

The state (HPD) is depriving the owners of their property without due process.  Temporarily confiscating firearms pending an investigation is one thing.  Stealing the guns is another.

If this was me, I'd file a lawsuit today. 

Well bad news - HPD confiscated the firearms. They told my friend's husband they had no legal claim to the guns. I guess winning the auction (and having receipts) and thus gaining ownership of its contents doesn't count.

They are considering legal options, so who knows if this is the end of the story.

Sorry to hear that. . . Thumbs down. . .

Not to salt any wounds or anything like that, but was there anyone particularly cool or valuable in there? 

I thought the Attorney General should interpret the law in this case.

2nd, 4th and 5th amendment violations.

He clearly has claims to the property as he purchased the locker and its contents.

Sorry to hear that. . . Thumbs down. . .

Not to salt any wounds or anything like that, but was there anyone particularly cool or valuable in there?

Well apparently there was a colt revolver, pre-1899, in addition to some other firearms. I've never seen them myself though so I can't speak to the value. HPD gave them a receipt upon confiscation so I'm sure this story will continue. I'll update this thread as the process goes.

I think you have to determine if the firearms were confiscated temporarily until they get the permits and transfer, or permanently.  If permanently, then they should still attempt to get their permits and attempt to transfer the guns and go for legal action if rejected.  They should talk to the HRA first however, HRA could give them some good information. 

Also if the guns were previously used in a crime or stolen, then they would be confiscated permanently.

Very disgusting when a law abiding citizen gets screwed over for trying to be law abiding.

I hope they sue and very interested in what the outcome is.

Very disgusting when a law abiding citizen gets screwed over for trying to be law abiding.

I hope they sue and very interested in what the outcome is.

Not saying anyone here would do this but, it is things like this that makes one want to not abide by the law.  Just sayin.

If the firearms are registered to someone else then ownership becomes a question. Legally they get them in the auction but HPD only has a registration to go off of.

If they aren't registered then technically HPD could take them saying they are evidence of being an unregistered firearm. But then how do they know that you didn't just bring them in from the mainland?

I would definitely consult with an FFL first either way. Going through them might prevent some issues. Might prevent issues of asking where they came from.

I do have one idea. If there is a junky piece, your friend could try to take the standard registration procedure and see what HPD does. If they confiscate it permanently or temporarily then at least they will know what to expect and won't suffer a bigger loss of doing it all at once.



Please post the results of what ends up happening.