Hypothetical legal conundrum (Read 13069 times)

xer 21

Hypothetical legal conundrum
« on: October 08, 2016, 11:04:04 PM »
Say you had a friend who somehow came into a rifle years back in total ignorance of the laws in hawaii and just let a rifle sit in his closet because he had no idea what to do with it.  Essentially, he just found it.  now 10 years, he asks me if i want it, and the first thing i do is check the serial number and find out it was manufactured in 2001, clearly way after guns needed to be registered in hawaii, so its very obviously registered to someone else.  What should he do with it?  he took it because he was essentially forced to upon finding it, and didnt know anything about the laws, but now its obvious he is illegally possessing it.  had it been made very much earlier before registration it would probably be safe to transfer it or turn it in (he doesnt want it) but obviously its registered to someone else.  can he turn it in to HPD no questions asked, or what should he do?

bass monkey

Re: Hypothetical legal conundrum
« Reply #1 on: October 09, 2016, 12:46:21 AM »
I'm confused.
Does he want to turn it in to be destroyed? 
Or
Is he trying to get it legal to sell

xer 21

Re: Hypothetical legal conundrum
« Reply #2 on: October 09, 2016, 01:04:39 AM »
I'm confused.
Does he want to turn it in to be destroyed? 
Or
Is he trying to get it legal to sell

he wanted to sell it to me initially, but i dont want to buy it because i dont think that's legal, so in lieu of that, he wants it destroyed.  he just doesnt want it.  he took it home, threw it in his closet, and forgot about it.

Rocky

Re: Hypothetical legal conundrum
« Reply #3 on: October 09, 2016, 08:21:10 AM »
COULD BE SIMPLE.
PLEASE DEFINE " came into a rifle years back".
You may pm if you think necessary
“I ask you to judge me by the enemies I have made.”
                                                           Franklin D. Roosevelt

suka

Re: Hypothetical legal conundrum
« Reply #4 on: October 09, 2016, 09:21:31 AM »
as long as it's not a stolen firearm ,  it can be registered.

zippz

Re: Hypothetical legal conundrum
« Reply #5 on: October 09, 2016, 10:34:51 AM »
The HPD guys probably won't care, just explain it to them.

xer 21

Re: Hypothetical legal conundrum
« Reply #6 on: October 09, 2016, 10:54:16 AM »
as long as it's not a stolen firearm ,  it can be registered.

this might count as stolen though.  is there anyway to search a firearm's registered owner?  because like i said, it has a 99% chance of having been registered.  unless someone brought it here and abandoned it whiteout registering it.

London808

Re: Hypothetical legal conundrum
« Reply #7 on: October 09, 2016, 12:55:32 PM »
Say you had a friend who somehow came into a rifle years back in total ignorance of the laws in hawaii and just let a rifle sit in his closet because he had no idea what to do with it.  Essentially, he just found it.  now 10 years, he asks me if i want it, and the first thing i do is check the serial number and find out it was manufactured in 2001, clearly way after guns needed to be registered in hawaii, so its very obviously registered to someone else.  What should he do with it?  he took it because he was essentially forced to upon finding it, and didnt know anything about the laws, but now its obvious he is illegally possessing it.  had it been made very much earlier before registration it would probably be safe to transfer it or turn it in (he doesnt want it) but obviously its registered to someone else.  can he turn it in to HPD no questions asked, or what should he do?

when you register a gun you have to say where you got it from, Is your "Friend" willing to put his name down and then perhaps have them notice he never registered it ? If not where would you say you got it from ?

Not to mention if he "found the gun" he could be charged with theft and depending on the value of the item this could be a felony. 

HI Rev Stat § 708-830
A person commits theft if the person does any of the following:
(3) Appropriation of property. A person obtains, or exerts control over, the property of another that the person knows to have been lost or mislaid or to have been delivered under a mistake as to the nature or amount of the property, the identity of the recipient, or other facts, and, with the intent to deprive the owner of the property, the person fails to take reasonable measures to discover and notify the owner. (the right thing to do would be to notify the police of the find,)

HI Rev Stat  §708-831
A person commits theft if the person does any of the following:
 (1) A person commits the offense of theft in the second degree if the person commits theft:
(a) Of property from the person of another;
(b) Of property or services the value of which exceeds $300;
(2) Theft in the second degree is a class C felony

You could also be charged with the same crime
HI Rev Stat § 708-830
(7) Receiving stolen property. A person intentionally receives, retains, or disposes of the property of another, knowing that it has been stolen, with intent to deprive the owner of the property. It is prima facie evidence that a person knows the property to have been stolen if, being a dealer in property of the sort received, the person acquires the property for a consideration that the person knows is far below its reasonable value.


My reccomendation is that you and your "Friend" forget the gun ever existed.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

xer 21

Re: Hypothetical legal conundrum
« Reply #8 on: October 09, 2016, 02:01:54 PM »


My reccomendation is that you and your "Friend" forget the gun ever existed.
i mean, that was my advice to him.  part it out, pulverize everything and scatter the ashes. 

he was just totally ignorant of how any of these laws worked.  i didnt know he had it all these years.

suka

Re: Hypothetical legal conundrum
« Reply #9 on: October 09, 2016, 02:14:21 PM »
I have a mainland FFL , just transfer it to me out of state.

xer 21

Re: Hypothetical legal conundrum
« Reply #10 on: October 09, 2016, 02:15:41 PM »
I have a mainland FFL , just transfer it to me out of state.
dont i need to have it registered to do that in the first place?   and wont it still be registered to someone back in hawaii? 

Aegis808

Re: Hypothetical legal conundrum
« Reply #11 on: October 09, 2016, 04:21:49 PM »
can't you just say it was brought in from out of state and HPD would just assume you're completely fine? HPD never asks me about when a gun was bought when I bring out of state purchases in.

suka

Re: Hypothetical legal conundrum
« Reply #12 on: October 09, 2016, 04:46:27 PM »
dont i need to have it registered to do that in the first place?   and wont it still be registered to someone back in hawaii?

All guns registered with HPD is there for life. Guns leaving the islands never gets deregistrted

robtmc

Re: Hypothetical legal conundrum
« Reply #13 on: October 09, 2016, 08:21:40 PM »
can't you just say it was brought in from out of state and HPD would just assume you're completely fine? HPD never asks me about when a gun was bought when I bring out of state purchases in.
Had a small handgun the wife got from her father, was buried in our stuff moving to Oahu years ago.   Took it to HPD long after it was on the island.  They did not ask how long it had been here.

Since I had the NRA course crap already, just registered it to me to make is simple.

Could have been here decades for all they cared.  No pointed questions about where it had been.

xer 21

Re: Hypothetical legal conundrum
« Reply #14 on: October 09, 2016, 09:39:57 PM »
All guns registered with HPD is there for life. Guns leaving the islands never gets deregistrted
then i suppose i could ship it to you and "buy" it back i guess.

I'd need to renew my long gun permit though, it only lasts for a year right?  havent been back to HPD in three years since i bought my last pistol.

dirtylickins

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Re: Hypothetical legal conundrum
« Reply #15 on: October 09, 2016, 10:39:36 PM »
What kind of firearm is it? Maybe the question could be as easy as "is it worth all the hassel?

dustoff003

Re: Hypothetical legal conundrum
« Reply #16 on: October 09, 2016, 11:06:13 PM »
What kind of firearm is it? Maybe the question could be as easy as "is it worth all the hassel?
Good point! Hi DL

I'd have your friend register it then work the sale.



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xer 21

Re: Hypothetical legal conundrum
« Reply #17 on: October 17, 2016, 10:15:12 PM »
Good point! Hi DL

I'd have your friend register it then work the sale.



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is a mini 30

zippz

Re: Hypothetical legal conundrum
« Reply #18 on: October 17, 2016, 10:23:30 PM »
Both of you go down to the firearms section and explain what happened and see how they want to do the transfer.  Maybe they'll say forget about the past and just have you do the registration.  I don't think the police are going care or do anything, maybe just give your friend a good talk.  I think you're going paranoid over nothing.

...well unless it was stolen or used in a crime.  Then they'd just ask questions and confiscate it.

dustoff003

Hypothetical legal conundrum
« Reply #19 on: October 17, 2016, 10:55:54 PM »
Mods. I am pretty sure that I wrote a long reply to this thread and there was few from speedtek also, were they removed if so why?


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« Last Edit: October 18, 2016, 12:29:47 AM by dustoff003 »