From March of 2016 through November of 2016 I tried to get Hilo PD to answer whether they would register a particular configuration of a firearm that Honolulu PD had determined was legal and were registering as legal (see thread on this site about it), after having been told over the phone by Hilo PD that it wasn't legal. I then made formal UIPA requests and appeals... well, the story is briefly in the email I just sent to new chief Ferreira which was inspired by the fact that Mossberg is now making this exact firearm for national distribution, whereas before there was very limited availability, and last I looked the only manufacturer had ended production, making the only option to either 1. buy the reather expensive Mossberg "part" or 2. modify and replace parts to make your own. If I had the money and/or pro bono lawyer assistance I would have made one and taken it in and had them confiscate it and sue their ass, but... no can. 

This place is beyond irrational where firearms policy is concerned. I gotta say I hate it.

My email:

Chief Ferreira,

Your department ruled that I could not legally purchase and register a firearm configured identically to this one that is now being manufactured by Mossberg for national distribution.

I will also add that this exact configuration of firearm is legal on Oahu and registered as such by Honolulu PD.

I find your department's finding that this firearm is illegal, with the assistance of the county counsel and possibility the state Attorney General's office to be duplicitous and a heinous betrayal of your duty to serve the public in a transparent and accountable manner. Perhaps you were not involved in the decision making re this issue under former chief Kubojiri. If so, I hope you will correct the errors and stonewalling by your department.

I find this "decision" of the part to Hawaii County PD to be especially egregious given that the department's initial response to my inquiry (which included all the BATFE validating documentation as to the legality of the firearm under their rules) was that the department found it very important that the laws throughout the state were enforced in a consistent manner, and THEN the department chose to do the exact opposite and enforce the law precisely contradictory to the interpretation and enforcement in Honolulu.

Then, of course, your department chose to ignore my formal official UIPA request and appeal to receive all information as to how that decision was made and who participated in making the decision by claiming that 1. you had sent me notification (that I never received) and then 2. by claiming that all that information was "protected by attorney-client privilege". I find that disgraceful and makes a mockery of your oath of office to uphold the constitution and serve the public that pays your salary.

https://www.americanrifleman.org/articles/2017/1/17/shot-show-2017-mossberg-590-shockwave

SHOT Show 2017: Mossberg 590 Shockwave



Classified as a fully compliant firearm by the BATFE, the new 14" barrel Mossberg 590 Shockwave pump-action 12-gauge does not require a tax stamp for transfers. With an overall length of 26.37" and cylinder bore barrel, the Shockwave provides a 5+1 round capacity using 2 3/4" shotgun shells. Installing an inexpensive aftermarket rubber feed gate attachment allows this 590 to reliably feed Aguila Mini Shells, for a total capacity of nine rounds. Thanks to the fore-end handstrap and the angle of the Shockwave Raptor birdshead grip, recoil is much easier to manage than one might expect. Other features include a matte blue finish, bead front sight, top-mounted safety switch and an easy clean-out tube magazine cap. MSRP: Approx. $450.

Please do the right thing, the honest thing, and re-evaluate your decision to ban this weapon configuration and reveal publicly exactly how you came to the decision ban in contradiction to the Honolulu PD.

[punaperson]

don't question their authoritaih!

I dont know why you asked them for permission in the first place.

I dont know why you asked them for permission in the first place.

Well, that definitely goes against my grain, but 1. I didn't feel like spending $500+ to buy a gun for Hawaii County PD, and 2. I didn't/don't have the money or legal expertise to file the successful lawsuit that would be required to get the gun back. I didn't want to own an "illegal" gun, I wanted them to have to admit and recognize that it is a "legal" gun. I suspect a competent lawsuit would achieve that result. Some of us are not as creative and ingenious and driven as others when it comes to fundraising for lawsuits. 

Doesnt the barrel have to be 18"?

Sent from my SM-G920V using Tapatalk

For more information on the 590 Shockwave and other compact 500/590A1 offerings, please visit their website.

    Disclaimer: Although the Mossberg 590 Shockwave is classified as a “firearm” under the Gun Control Act of 1968 (GCA),
    and is not subject to the provisions of the National Firearms Act (NFA), state and local laws may be more restrictive. Even
    though, it is legal federally, the 590 Shockwave may be considered a “short-barreled” shotgun or “assault weapon” by certain
    state and local laws; and therefore illegal to possess. Please check with your local authorities concerning the legality of
    possessing a firearm of this configuration.


Read more: http://www.ammoland.com/2017/01/mossberg-590-shockwave-non-nfa-pump-action/#ixzz4WCKpeHRh

Doesnt the barrel have to be 18"?

Here is one of the previous threads regarding this firearm:

https://2ahawaii.com/index.php?topic=19291.0

(Edit: and more: https://2ahawaii.com/index.php?topic=23385.0)

That includes a copy of one of the determination letters from BATFE (other similar letters are available online: http://shockwavetechnologies.com/site/?page_id=88 ) stating that it is NOT a "shotgun", as well as a photo of one, complete with tape measure. Hawaii HRS does not define a shotgun, thus even though Hawaii County claimed they had to do legal research to make sure they ruled consistent with other jurisdictions in the state, they did the opposite, ruling that it is a (banned) "short barreled shotgun", diametrically opposed to Honolulu PD which has ruled it is a legal "firearm" in accord with the BATFE standard. And then when I filed legal documents (UIPA) asking for all their documentation regarding the process they engaged in to come to that determination they said it was ALL "attorney-client privileged" and the public was not entitled to see any of it (you know, just like Obama did with not only his, but also Holder's communications regarding Fast and Furiousclaiming they were not subject to FOIA requests because "executive privilege"... the first time ever a president claimed someone else's communications other than his were protected). I think we all know what is likely in those documents, and it stinks, and they know it.

As an aside, early on as I was researching this subject I contacted BATFE to get their take on it (they had ruled for Honolulu PD that the firearm was legal by the BATFE standard and thus HPD registered them). The Honolulu office referred me to an agent on the Big Island (who shall remain nameless). As I began to explain the situation to him and detail the configuration of the firearm he cut me off and said, "No. That's illegal. That's an SBS." I asked if he would like me to email him three determination letters from BATFE clearly stating that such a configuration is NOT an SBS but a "firearm". He said "sure". Phone call next day: "You're right. I didn't know about that." So even the BATFE agents don't know some of their own rules about classifying firearms. No surprise there are the rules and policies are completely irrational. Thus any agency, such as Hawaii County PD, which isn't bound by BATFE rules, and has no specific definition of "shotgun" in Hawaii statutes, can arbitrarily and capriciously come up with any definitions and determinations they choose, impose them on law-abiding citizens, and then have the gall to claim that no one in the public can learn anything about how they came up with that determination. And, that, ladies and gentlemen, is the state of affairs regarding the relationship of the citizens and our public servants in the great state of Hawaii. No surprise, but still... 

Seems like the only way around your situation would be to 1) Move to Oahu and register it here. 2) Hire an attorney and take it to court (will cost lots of money).

Good luck and keep us posted.  I wonder if the mainland has inconsistencies like how we do?