Greetings gentlefolks.
You fellows have been an excellent resource in the past and I was hoping you could clear up some confusion for me.
I recently registered a stripped AR lower on Oahu and was informed by HPD that I needed to return to either re-register it or update the description (officer wasn't clear) after I had completed the build. I twice attempted to clarify that the lower was a stripped lower and under law was the firearm and not an unfinished 80%. Each time the officer reiterated that me that once I start drilling it (?!) I would have to bring it in and re-register/update.
At this point I was concerned that they thought I was attempting to register an 80% and attempted to clarify with the officer who collected my final signature for the lower. She informed me that I did not have to bring the lower back after I had completed the build. She then became unsure of herself and conferred with the other two officers. At this point she returned and informed me that I needed to have a full description of the completed rifle on file if I sold it. I pointed out that only the lower was a controlled item. She the followed up by informing me that they had had trouble with people making AR pistols and I needed to bring it back to have the barrel length measured, although she seemed to concede that this was a pretty flimsy reason to return as well. At this point she decided to confer further with the other two officers working in registration and they returned and informed me without explanation that I indeed did need to return the rifle when the build was complete.
At this point I shut my mouth because I didn't want to be argumentative and assumed I could easily research the statutes or perhaps find an older thread here on 2aHawaii.
I spoke with my FFL and he was surprised to hear that I had been asked to re-register the completed build as well. Other individuals who have purchased stripped lowers were unaware they had to return. Review of Hawaii Revised Statutes showed no sign of this requirement although I may have overlooked something.
I realize that the officers in firearms registration are not infallible. I've had previous incidents in which: When applying for a pistol permit they questioned my affidavit because it was notarized and issued by a private local NRA accredited instructor rather than one of the more well know instructors affiliated with local gun stores, and also a delay due to confusion over which parts were the serial number on a 1970's era 1911 (the slide and barrel have military stock numbers stamped where you might expect to find a serial number on a Glock).
My ultimate questions are:
1. Do I indeed have to return to re-register the firearm after it's completed?
2. If so what statute are they referencing to require this?
3. How long has this requirement been in place?
I realize that them wanting me to return is unenforceable and relies on the honor system and that I could just blow it off, however my right to bear arms is important to me and I very much want to stay on the right side of the law. To be clear I do not want to come off as insulting to HPD either. I have had friends who were officers here in the past and I know it isn't an easy job.
Thank you to anyone who might have any insight into this.
When I moved to the Big Island two years ago, I brought my firearms with me. I complied with the registration requirements. At that time, my AR build was complete, and the officer performing the registration did indeed measure the barrel length to ensure the rifle was legal by all state and federal standards.
That being said, I'm unsure about the grey area surrounding a stripped lower. Clearly that is the serialized portion of the firearm, however, the registering officer, in order to properly complete the registration according to internal HPD guidelines, probably has to measure the barrel length, and possibly needs to check other features as well.
It sounds like to me that the officers are trying to follow up on what they are required to do, according to what they are instructed their responsibilities are, which may or may not be exactly compatible with your responsibilities as an owner.
My suggestion, short of a full investigation into the exact legal responsibilities of both sides, is to complete your build, schedule a follow-up registration, but try to make sure you don't pay a second time. Presumably, the officers will be content they did their part, you'll be in full, unquestionable compliance, and you can move on without doubt.
It sounds like the confusion lies in the difference between "re-register" and "update the description." The latter doesn't sound like it would require any extra payment.
With all due respect,
It seems you may be overly concerned with your exact minimum legal responsibilities at the expense of smoothing things over. They apparently need a full description of the firearm in the event you sell it in the future, but you may not actually be required to provide that unless/until you sell it, meaning you need not take further action. You might be technically correct, but going back might be with peace of mind. For me, that's just part of living in Hawaii. It could be worse... you could be living in California.
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