So my question is simple. Back in 2012 i was involved in a motor vehicle accident and charged with negligent injury would this prevent me from aquiring a permit or owning a firearm.

So my question is simple. Back in 2012 i was involved in a motor vehicle accident and charged with negligent injury would this prevent me from aquiring a permit or owning a firearm.

charged?
what was the outcome?

I was sentenced to 5yrs banking probation the lowest form of probation allowable

First degree?

I found this:

§707-705 Negligent injury in the first degree. (1) A person commits the offense of negligent injury in the first degree if that person causes:

(a) Serious bodily injury to another person by the operation of a vehicle in a negligent manner; or

(b) Substantial bodily injury to a vulnerable user by the operation of a [vehicle] in a negligent manner.

(2) Negligent injury in the first degree is a class C felony. [L 1988, c 292, pt of §1; am L 2012, c 21, §2 and c 316, §4]

COMMENTARY ON §707-705

ETA

§134-7  Ownership or possession prohibited, when; penalty.  (a)  No person who is a fugitive from justice or is a person prohibited from possessing firearms or ammunition under federal law shall own, possess, or control any firearm or ammunition therefor.

     (b)  No person who is under indictment for, or has waived indictment for, or has been bound over to the circuit court for, or has been convicted in this State or elsewhere of having committed a felony, or any crime of violence, or an illegal sale of any drug shall own, possess, or control any firearm or ammunition therefor.

Didn't look up the lower degrees. 

In my report it just says negl. injury1 not sure if that means first degree also i was allowed my DAG basically its a plea deal where as it will not show on my background or criminal record and to my knowlendge only allowed once in one persons lifetime. I am by no means educated in these types of situations thats why im here any info would be helpfull or should i just give up on my 2nd amendment and dreams of building an AR?

In my report it just says negl. injury1 not sure if that means first degree also i was allowed my DAG basically its a plea deal where as it will not show on my background or criminal record and to my knowlendge only allowed once in one persons lifetime. I am by no means educated in these types of situations thats why im here any info would be helpfull or should i just give up on my 2nd amendment and dreams of building an AR?

If this plea was under DAGS, then after the probation period, the charges are dropped and/or you have the option to request your record be expunged.  That would basically give you a clean record as far as a background check would be concerned.

The Deferred Acceptance of a Guilty (DAG) plea and Deferred Acceptance of a Nolo Contendere
(DANC) plea are special types of sentences authorized by HRS 853. Upon a guilty plea submitted prior to
trial, where it appears to the court that the defendant is not a likely repeat offender, and where the ends of
justice do not require imposition of the penalty for the offense charged, the court may defer proceedings for
any period of time up to the maximum provided for conviction of the offense charged. Upon satisfactory
completion of the period imposed and any other condition ordered, the court may dismiss the charges. The
defendant may also apply for expungement of the charges under HRS 831-3.2.

In my report it just says negl. injury1 not sure if that means first degree also i was allowed my DAG basically its a plea deal where as it will not show on my background or criminal record and to my knowlendge only allowed once in one persons lifetime. I am by no means educated in these types of situations thats why im here any info would be helpfull or should i just give up on my 2nd amendment and dreams of building an AR?

If this plea was under DAGS, then after the probation period, the charges are dropped and/or you have the option to request your record be expunged.  That would basically give you a clean record as far as a background check would be concerned.

Ahh, interesting.  Never heard of the DAGS thing.  Will be having dinner tonight with one of my best friends who is a former prosecutor and I'm interested in more details on that, at least from his perspective. 

In any case, hopefully you can get the charges dismissed, assuming that you've already completed your probation, or hopefully soon.

If this plea was under DAGS, then after the probation period, the charges are dropped and/or you have the option to request your record be expunged.  That would basically give you a clean record as far as a background check would be concerned.

 So theres still hope...
Im currently going through the process of having my probation lifted due to the fact it has been sufficiant amout of time and i have complied with all court ordered stipulations and are now eligable for appeal these things just take a while. Meantime im going down to hpd this friday to apply for a permit i figure what the heck only solid way to know if im elidgable is to try right whats the worst that could happen. Also do i need the information of the gun im buying to apply for a long gun permit or can i just apply for the permit then go buy my gun and come back and register? I already have my affidavit

So theres still hope...
Im currently going through the process of having my probation lifted due to the fact it has been sufficiant amout of time and i have complied with all court ordered stipulations and are now eligable for appeal these things just take a while. Meantime im going down to hpd this friday to apply for a permit i figure what the heck only solid way to know if im elidgable is to try right whats the worst that could happen. Also do i need the information of the gun im buying to apply for a long gun permit or can i just apply for the permit then go buy my gun and come back and register? I already have my affidavit

For a handgun, you have to have the specifics on the exact gun you're buying/bought.  For a long gun, the permit is nonspecific and good for as many long guns you want (can afford) in a year before the permit expires.

Unless you have a specific handgun deal you need to pounce on, I'd recommend getting your record expunged first.  If you want to try and see what HPD says now, do the long gun permit first.  That way you don't make the gun's owner wait for who-knows-how-long while you jump through hoops.

For a handgun, you have to have the specifics on the exact gun you're buying/bought.  For a long gun, the permit is nonspecific and good for as many long guns you want (can afford) in a year before the permit expires.

Unless you have a specific handgun deal you need to pounce on, I'd recommend getting your record expunged first.  If you want to try and see what HPD says now, do the long gun permit first.  That way you don't make the gun's owner wait for who-knows-how-long while you jump through hoops.

Its actually a really good deal on an ar. So im gonna try for my long gun thus friday who knows maybe by some miracle i get approved any advice you got before i head down this friday anything i should bring. Mahalo

Its actually a really good deal on an ar. So im gonna try for my long gun thus friday who knows maybe by some miracle i get approved any advice you got before i head down this friday anything i should bring. Mahalo

Go to the HPD site and familiarize yourself with the forms.  You can download and pre-fill them.

http://www.honolulupd.org/information/index.php?page=gunmain

Take correct change for finger printing ($14.75).

When you are ready to register (permit and firearm in hand), go to the HPD site and do the first-time registration online form:

http://www.honolulupd.org/information/index.php?page=Firearms_Registration

Remember, it's a 3-step process:

1.  Apply for permit to acquire
2.  Pick up permit
3.  After acquiring firearm, take permit and firearm to HPD for registration

Most stores and private sellers will hold a gun you bought while you go through the apply-wait-pickup process.


Oh, take quarters for on-street meters.  Garage meters take credit cards, but the street meters only take coins -- unless they changed since I last visited HPD.

Go to the HPD site and familiarize yourself with the forms.  You can download and pre-fill them.

http://www.honolulupd.org/information/index.php?page=gunmain

Take correct change for finger printing ($14.75).

When you are ready to register (permit and firearm in hand), go to the HPD site and do the first-time registration online form:

http://www.honolulupd.org/information/index.php?page=Firearms_Registration

Remember, it's a 3-step process:

1.  Apply for permit to acquire
2.  Pick up permit
3.  After acquiring firearm, take permit and firearm to HPD for registration

Most stores and private sellers will hold a gun you bought while you go through the apply-wait-pickup process.


Oh, take quarters for on-street meters.  Garage meters take credit cards, but the street meters only take coins -- unless they changed since I last visited HPD.

Right on thanks for all your help man aprreciate it ill post up the results when i find out the outcome wish me luck would hate to be denied my 2nd amendment because of a stupid mistake i made when i was younger and dumber

DAG pleas are deffered acceptance of guilt, for any one that's wondering.  They usually offer you that if its your first charge and have a decently clean record.  The deffered time varies, and if you mess up during that time, they pull the DAG plea.

OP I'd wait till you clear your record to apply.  I think it takes around 3+ months to get a record expunged.

DAG pleas are deffered acceptance of guilt, for any one that's wondering.  They usually offer you that if its your first charge and have a decently clean record.  The deffered time varies, and if you mess up during that time, they pull the DAG plea.

OP I'd wait till you clear your record to apply.  I think it takes around 3+ months to get a record expunged.

Yes . Too, from what I remember it's crimes of physical violence that preclude you from being permitted. Get your record expunged if your cases final disposition allows for it! Don't go for your permit until then, you don't want any type of flags next to your name later if you have to try again. Good luck!

Yes . Too, from what I remember it's crimes of physical violence that preclude you from being permitted. Get your record expunged if your cases final disposition allows for it! Don't go for your permit until then, you don't want any type of flags next to your name later if you have to try again. Good luck!

Good point but damn i want my ar so bad i guess its probally smarter to just wait.

DAG pleas are deffered acceptance of guilt, for any one that's wondering.  They usually offer you that if its your first charge and have a decently clean record.  The deffered time varies, and if you mess up during that time, they pull the DAG plea.

OP I'd wait till you clear your record to apply.  I think it takes around 3+ months to get a record expunged.

Say i apply for a permit now and get denied will it show up the next time i appy after i get my record expunged also vice versa if i appy and i get the permit by some miracle could i get in trouble

Say i apply for a permit now and get denied will it show up the next time i appy after i get my record expunged also vice versa if i appy and i get the permit by some miracle could i get in trouble

Better not to play "what ifs".  You should at least check on your record and see if the conditions were met.  If they were, the record may already be clean with all charges dropped.

If not, at least you'll then have the information on how much longer to wait, or if you need to request expunging it.  Right now, there are many questions.

Talk to the records division, get your current case disposition, and THEN you can see what options you have.  You might be pleasantly surprised if it's been long enough time and the charges are gone.

There are so many ar'S around, I'm sure another deal will come your way.  Better to be patient on this one.  say you do get rejected because of your record.  Garanz HPD will be tracking it if you reapply.

Better not to play "what ifs".  You should at least check on your record and see if the conditions were met.  If they were, the record may already be clean with all charges dropped.

If not, at least you'll then have the information on how much longer to wait, or if you need to request expunging it.  Right now, there are many questions.

Talk to the records division, get your current case disposition, and THEN you can see what options you have.  You might be pleasantly surprised if it's been long enough time and the charges are gone.

Would you happen to know best way to get intouch with records division?

Would you happen to know best way to get intouch with records division?

Try this online search first.  It should be as up-to-date as the clerk's data.  Click the box "Click Here to Enter eCourt Kokua"".  After doing the Robot Check and Accepting the disclaimer, go to the Party Search tab. Normally first and last name is enough to find your case.

http://www.courts.state.hi.us/legal_references/records/jims_system_availability

If you can't find your case online, or you need an official copy from the court (i.e. for HPD), go here and select the correct circuit/court for your case.

http://www.courts.state.hi.us/self-help/courts/forms/oahu/circuit_court_forms

Under each court is a link "Court Records Request Instructions".  Click that and read what to do.

You'll have to pay for each report when you drop off the request at the courthouse.  If it requires a judge's signature, they'll tell you where to look in the hallway the day it's ready for pickup.  Otherwise, they should be able to provide it immediately.