firearm storage (Read 11337 times)

HBS1

firearm storage
« on: December 28, 2011, 08:53:20 AM »
Could someone refer me to a Hawaii law or staute that speaks specifically about firearm storage, when not in transit, such as  when you store it in your home or place of business.  I read somewhere that California law requires a specific approved lockable container, and if your firearm is not in such approved container, and stolen from your home then used to commit a crime you will be liable to a certain degree to that crime.  Just interested if anyone knew of the specifics regarding this type of situation in Hawaii

SpeedTek

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Re: firearm storage
« Reply #1 on: December 28, 2011, 08:59:54 AM »
Call Brian at 3685263 and he can answer your question
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2aHawaii

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Re: firearm storage
« Reply #2 on: December 28, 2011, 10:09:49 AM »
Going from the top of my head here...there are no specific storage requirements but you must keep your firearms away from your children and you'd be liable for their actions.

SpeedTek, I'd be wary about calling a salesman for legal questions :)
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

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Tom_G

Re: firearm storage
« Reply #3 on: December 28, 2011, 10:19:37 AM »
HRS 134-10.5
Quote
     [§134-10.5]  Storage of firearm; responsibility with respect to minors.  No person shall store or keep any firearm on any premises under the person's control if the person knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor, unless the person:

     (1)  Keeps the firearm in a securely locked box or other container or in a location that a reasonable person would believe to be secure; or

     (2)  Carries the firearm on the person or within such close proximity thereto that the person readily can retrieve and use it as if it were carried on the person.

For purposes of this section, "minor" means any person under the age of sixteen years. [L 1992, c 288, §1]

 

Cross References

 

  Criminally negligent storage of firearm, see §707-714.5.
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bass monkey

Re: firearm storage
« Reply #4 on: December 28, 2011, 10:28:41 AM »
So if there are no minors then you don't need to have it locked in a safe.

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Re: firearm storage
« Reply #5 on: December 28, 2011, 10:42:58 AM »
My HPD friend told me gun/s have to be in a case does not need to locked.
And ammo needs to be separate. No ammo in any mags. And in the trunk.
A grey area is SUVs and trucks. Must be out of reach
Political Correctness is FOS
I collect M1 Carbines, PM me if youre selling!
& Bolt Action 308s also 10/22 Rugers.
Buying STOCK Ruger 10/22 parts and bits, PM me.
Now doing Vintage VW Parts!

Tom_G

Re: firearm storage
« Reply #6 on: December 28, 2011, 11:01:30 AM »
My HPD friend told me gun/s have to be in a case does not need to locked.
And ammo needs to be separate. No ammo in any mags. And in the trunk.
A grey area is SUVs and trucks. Must be out of reach

He's well-intentioned, but misinformed.  The rules for transportation are spelled out in HRS 134-24 and HRS 134-25.

Quote
[§134-24]  Place to keep unloaded firearms other than pistols and revolvers; penalty.  (a)  Except as provided in section 134-5, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

     (1)  A place of repair;

     (2)  A target range;

     (3)  A licensed dealer's place of business;

     (4)  An organized, scheduled firearms show or exhibit;

     (5)  A place of formal hunter or firearm use training or instruction; or

     (6)  A police station.

     "Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.

     (b)  Any person violating this section by carrying or possessing an unloaded firearm other than a pistol or revolver shall be guilty of a class C felony. [L 2006, c 66, pt of §1]


Quote
[§134-25]  Place to keep pistol or revolver; penalty.  (a)  Except as provided in sections 134-5 and 134-9, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

     (1)  A place of repair;

     (2)  A target range;

     (3)  A licensed dealer's place of business;

     (4)  An organized, scheduled firearms show or exhibit;

     (5)  A place of formal hunter or firearm use training or instruction; or

     (6)  A police station.

     "Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.

     (b)  Any person violating this section by carrying or possessing a loaded or unloaded pistol or revolver shall be guilty of a class B felony. [L 2006, c 66, pt of §1]

There's no language addressing the position in the car or the proximity of ammo.  Unloaded and cased, no other requirements.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

DonRow

firearm storage
« Reply #7 on: December 28, 2011, 12:52:02 PM »
Did you guys know that theres a guy here that got charged with having a bullet on the floor of his car? This just happened not to long ago. I think that's just crazy. The guy misplaced the round after he went hunting, I think.

GZire

Re: firearm storage
« Reply #8 on: December 28, 2011, 02:01:23 PM »
^^^^It sounds like there is more to that story than just a stray cartridge on the floor.

DonRow

firearm storage
« Reply #9 on: December 28, 2011, 02:18:09 PM »
Nope just a stray round. The info came from the investigated of the county prosecuting attorney for Kauai.

GZire

Re: firearm storage
« Reply #10 on: December 28, 2011, 02:35:13 PM »
Nope just a stray round. The info came from the investigated of the county prosecuting attorney for Kauai.

So the guy was driving or parked?  These were the only charges filed, or was this a reason used to perform a search?  I still feel that there is more to this story that just an officer seeing a loose cartridge on the floor of a car.

Funtimes

Re: firearm storage
« Reply #11 on: December 28, 2011, 04:03:32 PM »
Why do you think I will never consent to a search lol? Go teaching firearm classes all the time and things just get misplaced or fall under a seat, floor board etc...
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Kingkeoni

Re: firearm storage
« Reply #12 on: December 28, 2011, 04:07:03 PM »
Why do you think I will never consent to a search lol? Go teaching firearm classes all the time and things just get misplaced or fall under a seat, floor board etc...

+1

I go shooting at least once a week.

Who knows if I might have a round or two sitting around somewhere.
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Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.

Heavies

Re: firearm storage
« Reply #13 on: December 29, 2011, 06:01:02 AM »
hem...  I just found a brick of .22lr I forgot on the floor in the backseat of my car.  Must have been in there 3 or 4 weeks.   :rofl:

2aHawaii

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Re: firearm storage
« Reply #14 on: December 29, 2011, 06:16:41 AM »
hem...  I just found a brick of .22lr I forgot on the floor in the backseat of my car.  Must have been in there 3 or 4 weeks.   :rofl:

That must have been a pleasant suprise. Like finding a $20 bill in your pocket.
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

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DonRow

firearm storage
« Reply #15 on: December 29, 2011, 07:55:27 AM »
I'll try to find out more to the story.

@2aHawaii: I found $50 in my helicopter the other day. :)

Kingkeoni

Re: firearm storage
« Reply #16 on: December 29, 2011, 08:47:57 AM »
hem...  I just found a brick of .22lr I forgot on the floor in the backseat of my car.  Must have been in there 3 or 4 weeks.   :rofl:

Last weekend I went to the range and was shooting shotgun.

To my surprise, I found four boxes of bird shot in the back of my vehicle.

Poor ammo. I punished it by shooting it all.  Hahaha
Your number one Option for Personal Security is a lifelong commitment to avoidance, deterrence, and de-escalation.

Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.

Tom_G

Re: firearm storage
« Reply #17 on: December 29, 2011, 09:44:33 AM »
Guys, as sucky as it is, you're all criminals.

HRS134-27
Quote
[§134-27]  Place to keep ammunition; penalty.  (a)  Except as provided in sections 134-5 and 134-9, all ammunition shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry ammunition in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

     (1)  A place of repair;

     (2)  A target range;

     (3)  A licensed dealer's place of business;

     (4)  An organized, scheduled firearms show or exhibit;

     (5)  A place of formal hunter or firearm use training or instruction; or

     (6)  A police station.

     "Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the ammunition.

     (b)  Any person violating this section shall be guilty of a misdemeanor. [L 2006, c 66, pt of §1]

So, can you be charged with a misdemeanor for having a single round of .22 ammo loose in your car?  Or in your pocket?  Yep.  Same rules apply to the transportation ammo as to the transportation of firearms. 
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

Funtimes

Re: firearm storage
« Reply #18 on: December 29, 2011, 09:57:47 AM »
Good thing I teach firearms training in the car =P.

If you read the law just using a pistol at the range is a felony.  There is no exemption for shooting a pistol for target practice or self-defense - only hunting.  I'm a criminal.
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Tom_G

Re: firearm storage
« Reply #19 on: December 29, 2011, 10:11:18 AM »
Good thing I teach firearms training in the car =P.

If you read the law just using a pistol at the range is a felony.  There is no exemption for shooting a pistol for target practice or self-defense - only hunting.  I'm a criminal.

Aren't we all? 
The difference between theory and reality is that, in theory, there is no difference between theory and reality.