Long gun registration question. Take rifle out of state within 5dy window. (Read 3838 times)

Pit808

Hey guys,

I'm moving soon and had a question.  I know I can call HPD, but I'm wondering if anyone has done this before or knows the answer. 

I have a valid long gun permit. What if I decide to buy a rifle a day or two before I fly and bring the rifle with me.  In this case, would I not need to register it because I left within the allowed time frame to register?  No, the rifle would not come back to Hawaii as it is a permanent move.

Thanks
 :shaka:
chitty chitty bang bang.......

Flapp_Jackson

The seller is required to notify HPD of the transfer.  If you don't register it, it leaves a gap in the process.  It might cause problems for the seller later.

I would at least send a letter to HPD with the firearm details, seller's info, and that you have left the state.  Once you are no longer in the state's jurisdiction, there's nothing they can say about the failure to register.

The letter is your choice, but personally I'd send one to tie up the loose ends for all parties out of courtesy.

I'm saying what I would do.  There's nothing I can see in the law that covers this "exception."  You're safe if you do nothing, I believe. 

What if you move back or decide to go hunting in Hawaii?  If you register the same gun as required, that gap could come back to haunt you.
Liberal:  Someone who is passionately concerned with issues about which they know absolutely nothing.

suka

There is no need to do a thing. The seller is not even required to report the sale.

Once its out of the State the firearm has vanished into the private realm of America.

Flapp_Jackson

There is no need to do a thing. The seller is not even required to report the sale.

Once its out of the State the firearm has vanished into the private realm of America.

There's no information on whether the sale is private or from a dealer.  I'm sure the dealer is going to require a permit and will subsequently report the sale to HPD.

Brings up another point, though.  If a non-resident of the state is visiting for at least 3 weeks and buys a gun from a dealer, will he be put through the same 2 week wait and registration process, or will the dealer refuse to even sell it to him?

What if he wants to buy but is only in Hawaii one week?
Liberal:  Someone who is passionately concerned with issues about which they know absolutely nothing.

rklapp

There is no need to do a thing. The seller is not even required to report the sale.
I remember mailing in this form when I sold a rifle two years ago.
http://www.hawaiipolice.com/wp-content/themes/hawaiipolice/forms/gun-transfer.html
Yahh! Freedom and justice shall always prevail over tyranny, Babysitter Girl!
https://ronsreloading.wordpress.com/

suka

Not required to do anything for private sales.........


Dealer are required to notify HPD, but since the firearm is no longer within the State. HPD has zero jurisdiction over said firearm when it leaves Hawaii.


Federal regulation does not prevent purchase of rifles across State lines......

suka

There's no information on whether the sale is private or from a dealer.  I'm sure the dealer is going to require a permit and will subsequently report the sale to HPD.

Brings up another point, though.  If a non-resident of the state is visiting for at least 3 weeks and buys a gun from a dealer, will he be put through the same 2 week wait and registration process, or will the dealer refuse to even sell it to him?

What if he wants to buy but is only in Hawaii one week?



Speculation, Move to strike!

rklapp

Not required to do anything for private sales.........
It says vendor/transforer. Regardless, I would want to submit the form to notify HPD that I wasn't culpable in any future crime committed with/by the firearm.
Yahh! Freedom and justice shall always prevail over tyranny, Babysitter Girl!
https://ronsreloading.wordpress.com/

Flapp_Jackson



Speculation, Move to strike!

Motion overruled!  Lacks foundation!   :geekdanc:
Liberal:  Someone who is passionately concerned with issues about which they know absolutely nothing.

Pit808

Not required to do anything for private sales.........

I swear I read somewhere that private sales needed to notify HPD upon selling a long gun??

I could be wrong.
chitty chitty bang bang.......

aieahound

H.R.S. 134-2 ?

Looks like transferor (seller) needs to notify HPD with the info

"In all cases where a rifle or shotgun is acquired from another person within the State, the person who is transferring title to the rifle or shotgun shall submit, within forty-eight hours after transferring the firearm, to the authority which issued the permit to acquire, the following information, in writing: name of the person who transferred the firearm, name of the person to whom the title to the firearm was transferred; names of the manufacturer and importer; model; type of action; caliber or gauge; and serial number as applicable."

London808

FTP,

You are not required as the buyer to do anything.

In fact a seller is not even Required to ask for a permit for rifles
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

rklapp

So let's break it down...

§134-2(f)
1) In all cases...
2) rifle or shotgun...
3) within the State...
4) person who is transferring title...
5) within 48 hours...
6) the following information...

What am I missing?
Yahh! Freedom and justice shall always prevail over tyranny, Babysitter Girl!
https://ronsreloading.wordpress.com/

Colt808

Hey guys,

I'm moving soon and had a question.  I know I can call HPD, but I'm wondering if anyone has done this before or knows the answer. 

I have a valid long gun permit. What if I decide to buy a rifle a day or two before I fly and bring the rifle with me.  In this case, would I not need to register it because I left within the allowed time frame to register?  No, the rifle would not come back to Hawaii as it is a permanent move.

Thanks
 :shaka:
I get what is being asked and what you're trying to do...but yes, you are still required to register. Failing to do so is a petty misdemeanor.
Reason obeys itself; and ignorance submits to whatever is dictated to it. ~Thomas Paine


And I still see stupid people.

London808

I get what is being asked and what you're trying to do...but yes, you are still required to register. Failing to do so is a petty misdemeanor.

WRONG,
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

Flapp_Jackson

Quote
Any person who violates section 134-3(b) shall be guilty of a petty misdemeanor and the firearm shall be confiscated as contraband and disposed of,
if the firearm is not registered within five days of the person receiving notice of the violation.

Quote
134-3(b)  Every person who acquires a firearm pursuant to section 134-2 shall register the firearm in the manner prescribed by this section within five days of acquisition.

Two different contingencies.  Initial registration is contingent on date of acquisition.  The penalty is contingent on receiving notice that you're in violation of the initial registration.

If you're no longer in the jurisdiction, responding to any notice with that fact should put the issue to rest.
Liberal:  Someone who is passionately concerned with issues about which they know absolutely nothing.

Rocky

There is no need to do a thing. The seller is not even required to report the sale.

Once its out of the State the firearm has vanished into the private realm of Free America.
:wave:
“I ask you to judge me by the enemies I have made.”
                                                           Franklin D. Roosevelt

Colt808

WRONG,
HRS 134 is very clear that registration is required and it also states the penalty for failing to do so. It is not open to interpretation or hypotheticals...Pit808 asked a straight forward question, the correct and law abiding answer was given. He is in control of when he leaves the state and when he makes the purchase. There are no exceptions for "not having time". Playing fast and loose with timing does not mean it wouldn't be in violation of the law.

So I have to ask...you always talk out your butt? Or are you trying to drag people into becoming test cases for stupid?
Reason obeys itself; and ignorance submits to whatever is dictated to it. ~Thomas Paine


And I still see stupid people.

London808

HRS 134 is very clear that registration is required and it also states the penalty for failing to do so. It is not open to interpretation or hypotheticals...Pit808 asked a straight forward question, the correct and law abiding answer was given. He is in control of when he leaves the state and when he makes the purchase. There are no exceptions for "not having time". Playing fast and loose with timing does not mean it wouldn't be in violation of the law.

So I have to ask...you always talk out your butt? Or are you trying to drag people into becoming test cases for stupid?


How can you register a firearm thats not in the state ?

As others have stated, not just me. Once a firearm leaves Hawaii, Hawaii has no jurisdiction over it.

Call HPD and ask them if you have to register a firearm thats no longer in the state,



« Last Edit: April 23, 2017, 08:03:17 PM by London808 »
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

rklapp

I'm not sure there is an answer to the question if HPD will care if the seller reports the sale but the OP doesn't bring the rifle into the station and register. Will the seller bother to notify HPD of the sale? Will HPD care if the seller does or doesn't? Is he banned from ever bringing in a firearm into the State? Well they accept a written letter explaining that the firearm is no longer in Hawaii? Will they shrug their shoulders when the OP doesn't show up with the new firearm?
Yahh! Freedom and justice shall always prevail over tyranny, Babysitter Girl!
https://ronsreloading.wordpress.com/