Issues with Kaiser and Medical Clearance (Read 11574 times)

London808

Re: Issues with Kaiser and Medical Clearance
« Reply #20 on: September 11, 2016, 12:05:06 PM »
HRA's hands are tied by its non profit standing. They are a members club and nothing else
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

London808

Re: Issues with Kaiser and Medical Clearance
« Reply #21 on: September 11, 2016, 12:13:38 PM »
HRA directors are aware of the situation.  Last I heard was that it had been resolved by and large from a routine check perspective.  Haven't heard much of instances where people were flagged due to "other" issues.  There are at least a couple that read/post here, so maybe they'll chime in. 

For the routine check issue, it was my understanding that the "problem" was primarily due to their internal policies and I thought either Kaiser or Straub had revised their policy, but not sure which.  Didn't really get into the details since I wasn't personally affected. 

Hope common sense prevails here and you get things resolved soon!

The problem is not with the medical provider it's with HPD,

The law allows for HPD to ask your Medical provider for your medical information relating to mental health to determine if you are disqualified from ownership or not.

They used to send a letter to the doctor saying along the lines of.
Your patient wants a gun, if you know of any medical reason they can't own one let us know within 7 days, if we don't receive notification we will take that as they don't have anything wrong.
Last year they changed the letter to read along the lines of,
Your patient want to own a gun, send us a statement saying that you as their doctor are saying that they have no medical conditions that would prevent them
From owning one.

Doctors are not willing to take this responsibility and as such are not doing so, instead they are complying with the law and sending patients medical records to HPD for them to make the determination. HPD is looking at these records and seeing the word psychological (or any word related) and denying permits until a doctor writes the letter clearing you.

HPD's actions are illegal and unconstitutional but people in Hawaii are to willing to let them have their way and won't put the leg work into stoping them, instead they go find a doctor who is willing to give HPD what they want .
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

drck1000

Re: Issues with Kaiser and Medical Clearance
« Reply #22 on: September 11, 2016, 12:40:33 PM »
I see. Last I recall, the process was the "if no problem, no response" then you're fine. I thought for a while, Straub and/or Kaiser were responding something to the effect that they couldn't respond positive or negative and HPD took that response and started denying permits. Or something like that. It has been a while and things change. I know one instructor friend works at Straud and he was able to get stuff resolved, but it was a headache for sure.

nathanm14fan

Re: Issues with Kaiser and Medical Clearance
« Reply #23 on: September 11, 2016, 01:14:20 PM »
HPD's actions are illegal and unconstitutional but people in Hawaii are to willing to let them have their way and won't put the leg work into stoping them, instead they go find a doctor who is willing to give HPD what they want .

I can only wish the world and decision making in general was so black and white. While I applaud you London808 in your successful fight against HPD and their efforts to deny you the ability to own firearms, you should realize that most people do not have the financial means to individually sustain litigation (I certainly don't, but you clearly do/did), especially in a place as expensive as Hawaii. The fact that the NRA and other 2A advocacy groups haven't led the charge is a big concern of mine, their ability to pool resources and fight on behalf of every gun owner its one of the reasons why people become members and why those groups are in general are successful.

London808

Re: Issues with Kaiser and Medical Clearance
« Reply #24 on: September 11, 2016, 02:40:15 PM »
I can only wish the world and decision making in general was so black and white. While I applaud you London808 in your successful fight against HPD and their efforts to deny you the ability to own firearms, you should realize that most people do not have the financial means to individually sustain litigation (I certainly don't, but you clearly do/did), especially in a place as expensive as Hawaii. The fact that the NRA and other 2A advocacy groups haven't led the charge is a big concern of mine, their ability to pool resources and fight on behalf of every gun owner its one of the reasons why people become members and why those groups are in general are successful.

I got my case on contingency, (i paid nothing up front and the most i would of paid is the filling fee of $500) In a caser like this i dont belive you would need a lawyer. Its a clear case of HPD operating outside of the law. They do not have a legal reason to stop you processioning a firearm. You are not prelude by a medical contditon, The only reason they have failed to issue you your permit is becasue you have a psych note on your medical recods, Not that you have been diagnosed with a condition that would disqualify you.

You could file pro se (representing yourself) the most you would be out would be the filing fees to the federal court. This is the form you would use. http://www.hid.uscourts.gov/Forms/HID/ProSe/complaint_for_violation_of_civil_rights_non-prisoner_0.pdf

This is the court rules you would need to abide by
http://www.hid.uscourts.gov/docs/localrules/Civil%20Local%20Rules%20updated%2006.29.16.pdf?pid=11&mid=47

If you want to go ahead and have questions i can probably help or look up the information for you, I AM NOT A LAWYER, MY ADIVCE IS ONLY BASED ON COMMON SENSE AND SHOULD NOT BE CONSIDERED AS LEGAL ADVICE.

Its not always about money but about legwork as well.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

nathanm14fan

Re: Issues with Kaiser and Medical Clearance
« Reply #25 on: September 11, 2016, 05:27:27 PM »
I got my case on contingency, (i paid nothing up front and the most i would of paid is the filling fee of $500) In a caser like this i dont belive you would need a lawyer. Its a clear case of HPD operating outside of the law. They do not have a legal reason to stop you processioning a firearm. You are not prelude by a medical contditon, The only reason they have failed to issue you your permit is becasue you have a psych note on your medical recods, Not that you have been diagnosed with a condition that would disqualify you.

You could file pro se (representing yourself) the most you would be out would be the filing fees to the federal court. This is the form you would use. http://www.hid.uscourts.gov/Forms/HID/ProSe/complaint_for_violation_of_civil_rights_non-prisoner_0.pdf

This is the court rules you would need to abide by
http://www.hid.uscourts.gov/docs/localrules/Civil%20Local%20Rules%20updated%2006.29.16.pdf?pid=11&mid=47

If you want to go ahead and have questions i can probably help or look up the information for you, I AM NOT A LAWYER, MY ADIVCE IS ONLY BASED ON COMMON SENSE AND SHOULD NOT BE CONSIDERED AS LEGAL ADVICE.

Its not always about money but about legwork as well.

Thanks for the rundown, that is good context.

Jl808

Re: Issues with Kaiser and Medical Clearance
« Reply #26 on: September 11, 2016, 05:42:42 PM »
Thanks Nathan. I'll try to point out your thread to HiCarry and HRA to see if they have any updates or recommendations for you.
I think, therefore I am armed.
NRA Life Patron member, HRA Life member, HiFiCo Life Member, HDF member

The United States Constitution © 1791. All Rights Reserved.

stangzilla

Re: Issues with Kaiser and Medical Clearance
« Reply #27 on: September 15, 2016, 11:44:01 AM »
Got word from a member here that the psychologist clearance letter is now good indefinitely instead of 1 year like before
And just registered rifle and confirmed with hpd that it is indefinite now.