Age(s) for firearms ownership in Hawaii (Read 7497 times)

dustoff003

Age(s) for firearms ownership in Hawaii
« on: June 19, 2017, 07:23:41 PM »
Not trying to start a debate or to get opinions or other BS just facts from the HRS.

How old does one need to be to legally own or possess a long gun in Hawaii.

I am reading HRS 134 and I see 21 and 18 in 134-2 (d) for permits, then I see 18 in 134-4 (a). Then later in 134-4 (d) it says adult the state defines an adult as being 18 years of age (age of majority) HRS 577-1.

I though it was 18 years old for long guns and 21 years old for hand guns. Any help and the applicable references would me most appreciated. I shall continue to research on my own.


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London808

Re: Age(s) for firearms ownership in Hawaii
« Reply #1 on: June 19, 2017, 07:44:58 PM »
Not trying to start a debate or to get opinions or other BS just facts from the HRS.

How old does one need to be to legally own or possess a long gun in Hawaii.

I am reading HRS 134 and I see 21 and 18 in 134-2 (d) for permits, then I see 18 in 134-4 (a). Then later in 134-4 (d) it says adult the state defines an adult as being 18 years of age (age of majority) HRS 577-1.

I though it was 18 years old for long guns and 21 years old for hand guns. Any help and the applicable references would me most appreciated. I shall continue to research on my own.


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18 for long gun, 21 for handgun.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

Flapp_Jackson

Re: Age(s) for firearms ownership in Hawaii
« Reply #2 on: June 19, 2017, 08:02:31 PM »
You didn't specify if the owner/possessor of the long gun is unaccompanied by an adult  or not.

You also didn't specify the circumstances in which possession occurs (i.e. hunting).


Quote
§134-5  Possession by licensed hunters and minors; target shooting; game hunting.  (a)  Any person of the age of sixteen years, or over or any person under the age of sixteen years while accompanied by an adult, may carry and use any lawfully acquired rifle or shotgun and suitable ammunition while actually engaged in hunting or target shooting or while going to and from the place of hunting or target shooting; provided that the person has procured a hunting license under chapter 183D, part II.  A hunting license shall not be required for persons engaged in target shooting.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

punaperson

Re: Age(s) for firearms ownership in Hawaii
« Reply #3 on: June 19, 2017, 08:14:33 PM »
Quote
§134-5  Possession by licensed hunters and minors; target shooting; game hunting.  (a)  Any person of the age of sixteen years, or over or any person under the age of sixteen years while accompanied by an adult, may carry and use any lawfully acquired rifle or shotgun and suitable ammunition while actually engaged in hunting or target shooting or while going to and from the place of hunting or target shooting; provided that the person has procured a hunting license under chapter 183D, part II.  A hunting license shall not be required for persons engaged in target shooting.
Why that's so very, um, "considerate" of them to not require a hunting license to target shoot! A Hawaii firearm law that almost makes sense.

Flapp_Jackson

Re: Age(s) for firearms ownership in Hawaii
« Reply #4 on: June 19, 2017, 08:18:10 PM »
Why that's so very, um, "considerate" of them to not require a hunting license to target shoot! A Hawaii firearm law that almost makes sense.

You can almost sense that last "sensible" line was an after thought -- likely after people complained about needing hunting licenses for target practicing with their kids!
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

dustoff003

Re: Age(s) for firearms ownership in Hawaii
« Reply #5 on: June 19, 2017, 09:26:13 PM »
18 for long gun, 21 for handgun.

If possible could you cite the applicable reference in the HRS.

You didn't specify if the owner/possessor of the long gun is unaccompanied by an adult  or not.

You also didn't specify the circumstances in which possession occurs (i.e. hunting).

The would be owner is 19 or 20 and would not be hunting or accompanied by an adult as they are over 18 and legally an adult.


Here is the backstory a guy bought a rifle through a commemorative group buy the rifles are at the dealer. This person went to The Honolulu Police Department didn't let him apply for a long gun permit because he wasn't 21 and sent him away.

I will call or go to HPD in the next few days I feel bad because I facilitated the group buy, I just wanted to have the HRS to show them.



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London808

Re: Age(s) for firearms ownership in Hawaii
« Reply #6 on: June 19, 2017, 09:37:06 PM »
If possible could you cite the applicable reference in the HRS.

The would be owner is 19 or 20 and would not be hunting or accompanied by an adult as they are over 18 and legally an adult.


Here is the backstory a guy bought a rifle through a commemorative group buy the rifles are at the dealer. This person went to The Honolulu Police Department didn't let him apply for a long gun permit because he wasn't 21 and sent him away.

I will call or go to HPD in the next few days I feel bad because I facilitated the group buy, I just wanted to have the HRS to show them.



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Are you ready, No bullshit they have to issue a permit to people becasue of this section right here.

§134-2  Permits to acquire.

(d)  The chief of police of the respective counties may issue permits to acquire firearms to citizens of the United States of the age of twenty-one years or more, or duly accredited official representatives of foreign nations, or duly commissioned law enforcement officers of the State who are aliens; provided that any law enforcement officer who is the owner of a firearm and who is an alien shall transfer ownership of the firearm within forty-eight hours after termination of employment from a law enforcement agency.  The chief of police of each county may issue permits to aliens of the age of eighteen years or more for use of rifles and shotguns for a period not exceeding sixty days, upon a showing that the alien has first procured a hunting license under chapter 183D, part II.  The chief of police of each county may issue permits to aliens of the age of twenty-one years or more for use of firearms for a period not exceeding six months, upon a showing that the alien is in training for a specific organized sport-shooting contest to be held within the permit period.  The attorney general shall adopt rules, pursuant to chapter 91, as to what constitutes sufficient evidence that an alien is in training for a sport-shooting contest.  Notwithstanding any provision of the law to the contrary and upon joint application, the chief of police may issue permits to acquire firearms jointly to spouses who otherwise qualify to obtain permits under this section.

Not doing so would be a violation of the 14th amendment,

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Not doing so is giving others special privlage BASED SOLELY on their country of origin. Its basically what they did to me but in reverse.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

London808

Re: Age(s) for firearms ownership in Hawaii
« Reply #7 on: June 19, 2017, 09:38:22 PM »
also See HRS 134-4

 No transfer of any rifle having a barrel length of sixteen inches or over or any shotgun having a barrel length of eighteen inches or over, whether usable or unusable, serviceable or unserviceable, modern or antique, registered under prior law or by a prior owner, or unregistered shall be made to any person under the age of eighteen years, except as provided by section 134-5.

If no transfer can be made to some one under the age of 18, that means that they must be able to transfer over 18.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

London808

Re: Age(s) for firearms ownership in Hawaii
« Reply #8 on: June 19, 2017, 09:41:52 PM »
Another option would be to buy/transfer whilst out of state and come back and register it.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

dustoff003

Re: Age(s) for firearms ownership in Hawaii
« Reply #9 on: June 19, 2017, 09:44:43 PM »
also See HRS 134-4

 No transfer of any rifle having a barrel length of sixteen inches or over or any shotgun having a barrel length of eighteen inches or over, whether usable or unusable, serviceable or unserviceable, modern or antique, registered under prior law or by a prior owner, or unregistered shall be made to any person under the age of eighteen years, except as provided by section 134-5.

If no transfer can be made to some one under the age of 18, that means that they must be able to transfer over 18.
Are you ready, No bullshit they have to issue a permit to people becasue of this section right here.

§134-2  Permits to acquire.

(d)  The chief of police of the respective counties may issue permits to acquire firearms to citizens of the United States of the age of twenty-one years or more, or duly accredited official representatives of foreign nations, or duly commissioned law enforcement officers of the State who are aliens; provided that any law enforcement officer who is the owner of a firearm and who is an alien shall transfer ownership of the firearm within forty-eight hours after termination of employment from a law enforcement agency.  The chief of police of each county may issue permits to aliens of the age of eighteen years or more for use of rifles and shotguns for a period not exceeding sixty days, upon a showing that the alien has first procured a hunting license under chapter 183D, part II.  The chief of police of each county may issue permits to aliens of the age of twenty-one years or more for use of firearms for a period not exceeding six months, upon a showing that the alien is in training for a specific organized sport-shooting contest to be held within the permit period.  The attorney general shall adopt rules, pursuant to chapter 91, as to what constitutes sufficient evidence that an alien is in training for a sport-shooting contest.  Notwithstanding any provision of the law to the contrary and upon joint application, the chief of police may issue permits to acquire firearms jointly to spouses who otherwise qualify to obtain permits under this section.

Not doing so would be a violation of the 14th amendment,

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Not doing so is giving others special privlage BASED SOLELY on their country of origin. Its basically what they did to me but in reverse.

Thanks what you quoted is what I read and referenced in my OP.

I will talk with the guy some more tomorrow to follow up and get more of the story of his trip to HPD.


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aieahound

Re: Age(s) for firearms ownership in Hawaii
« Reply #10 on: June 20, 2017, 01:01:02 PM »
 HPD's website says 21 for permit to acquire and cites 134-2 as the reference.

"APPLICATION FOR A FIREARM PERMIT


You must be 21 years or older to purchase a firearm. You must apply, in person, at the HPD Firearms Unit. Please have the following information with you when submitting your application. All of the below mentioned forms are available at the Firearms Unit. To speed up the process, please click on the fillable forms below and complete the sections highlighted in grey or click on the hyperlinks below."

http://honolulupd.org/information/index.php?page=gunmain

Apparently Dr. Max Cooper and the HRA agree:

"HAWAII FIREARMS LAWS by Max Cooper. Revised Jan 6, 2017

PERMITS TO ACQUIRE
Acquiring any firearm within the State requires a permit from your county chief of police. You must be 21 years old and a U.S. citizen. "

http://hawaiirifleassociation.org/wp-content/uploads/2017/01/HIfirearmslaw1.pdf

Weird. I always thought it was 18 for rifles and shotguns and 21 for handguns. ???
Could we be thinking of the federal law ?
« Last Edit: June 20, 2017, 01:23:28 PM by aieahound »

dustoff003

Re: Age(s) for firearms ownership in Hawaii
« Reply #11 on: June 20, 2017, 02:46:42 PM »
HPD's website says 21 for permit to acquire and cites 134-2 as the reference.

"APPLICATION FOR A FIREARM PERMIT


You must be 21 years or older to purchase a firearm. You must apply, in person, at the HPD Firearms Unit. Please have the following information with you when submitting your application. All of the below mentioned forms are available at the Firearms Unit. To speed up the process, please click on the fillable forms below and complete the sections highlighted in grey or click on the hyperlinks below."

http://honolulupd.org/information/index.php?page=gunmain

Apparently Dr. Max Cooper and the HRA agree:

"HAWAII FIREARMS LAWS by Max Cooper. Revised Jan 6, 2017

PERMITS TO ACQUIRE
Acquiring any firearm within the State requires a permit from your county chief of police. You must be 21 years old and a U.S. citizen. "

http://hawaiirifleassociation.org/wp-content/uploads/2017/01/HIfirearmslaw1.pdf

Weird. I always thought it was 18 for rifles and shotguns and 21 for handguns. ???
Could we be thinking of the federal law ?
Thanks Hound I saw that on HRA's website. The problem is the HRS contradicts itself in 134 a few times.

I just called the firearms division and I spoke to a lady didn't get a name (I should have) she said it's 21.


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London808

Re: Age(s) for firearms ownership in Hawaii
« Reply #12 on: June 20, 2017, 03:12:41 PM »
It all depends on how much you want to fight t I guess
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

dustoff003

Re: Age(s) for firearms ownership in Hawaii
« Reply #13 on: June 20, 2017, 03:30:48 PM »
It all depends on how much you want to fight t I guess
If it was me I would fight but I doubt the young man who purchased the rifle has the resources or willingness to fight.

It will just have to stay at the FFL until he comes of age.

Funny how he can carry a rifle while deployed or while on duty but can't legally own one until he is 21 in this great state.


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Flapp_Jackson

Re: Age(s) for firearms ownership in Hawaii
« Reply #14 on: June 20, 2017, 03:35:33 PM »
Transfer it to someone over 21 (his family, his friend, his trusted co-worker).  He'll be able to borrow it whenever he wants.

Just a thought....
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

London808

Re: Age(s) for firearms ownership in Hawaii
« Reply #15 on: June 20, 2017, 03:38:18 PM »
Jump in a boat go 12 miles of shore, out of hawaiis territorial waters and then no need permit.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

punaperson

Re: Age(s) for firearms ownership in Hawaii
« Reply #16 on: June 20, 2017, 03:40:34 PM »
Jump in a boat go 12 miles of shore, out of hawaiis territorial waters and then no need permit.
Waddaya hunt out there with a rifle? Boating accident, maybe...