This comment pertains to the arrest of the man who reported  his guns stolen and not the KHSC arrest.

I think the news article lacks sufficient information regarding the charges levied against the victim to really determine whether the charges are inappropriate. The victim may have violated the laws regarding the storage of firearms in the vehicle as opposed to simply transporting the firearms between permissible places. The article mentions that an unloaded shotgun was in the back seat of the victim's vehicle but it didn't say if the shotgun was cased in a rigid receptacle.  The victim could have violated the law if his firearms were not properly transported.

Sucks he was trying to do the right thing, but by reporting all the guns he had in the car he is admitting guilt and evidence that could be used against him for the charges. Do i think its right? Not at all, but he gets the three counts because he admitted to having more than one in the car. I think thats more than enough evidence in the LEOs eyes to charge him.


Btw, if i am leasing a farm, can i legally carry on my land? Its not technically mine but i am leasing it.

^^^For me, I'd say yes, but I'm no attorney.

I'd talk to an attorney and have him take a look at your lease agreement.

Btw, if i am leasing a farm, can i legally carry on my land? Its not technically mine but i am leasing it.

I would say yes as most states recognize your place of residence or where you call your home is the structure at the address on your drivers license, regardless of whether you are renting or owning it, apartment, townhouse, single family home, farm, penthouse or other dwelling.

I am not a lawyer and I did not stay in a Holiday Inn Express last night.

Just putting it out there, 1.) depending on where you are, and where the ag property is, you could be in violation of Federal School zone law. For instance, even if we could carry on our 'property' or "curtilage," which is quite different from your home, there is no exemption to get us out of the school zone rules.  You would have to go see the case against the California guy who was open carrying and then picked up on school zone violations.  Essentially, the judge ruled that as soon as there is an opening to your property it becomes 'public property.' 

This has some significant complications, because under the ruling if you were in your garage, and then opened the door.... your garage became public property if you didn't have a fence enclosing it.

I would like to point out that most legal things consider the 'residence' to be the physical structure, not the property.  I.e. you shoot someone that was just on your land, you are going to go jail.  You shoot someone in your house, they have broken into your residence and you are probably getting off.


All that aside, I would say no (unless you were hunting, or if it was a long gun).

In Hawaii you can only legally transport a firearm to: HPD for registration/transfer of registration, from a retail establishment after purchase and then home or HPD for registration prior to home, to and from a retail establishment for servicing (gunsmithing) or to the range and back home.  The arrest was affected ecause the individual admitted to leaving the range and stopping at the mall.  He did not go directly home.  He was in violation of the letter of the law but I agree with Nihonjin in that it should only be one count, the shotgun and not three as the two handguns were never visually nor physically verified by the arresting officer to be at the locatin

OK, thanks.

Sounds like an "infringement" to me.  Three of them, in fact.

Also sounds like "charge-piling-on," or "throwing the book at him," which is a despicable tactic of prosecutors.  Glad he didn't spit on the sidewalk, to boot.

Terry, 230RN

They did drop the jay walking ticket, though. Apparently he didn't use the crosswalk as he raced to a payphone to report the theft. 

They did drop the jay walking ticket, though. Apparently he didn't use the crosswalk as he raced to a payphone to report the theft. 

Yes, but the no no-fault insuarance and expired safety vilolations are just flat out mean.

Yes, but the no no-fault insuarance and expired safety vilolations are just flat out mean.

I'm all for seizing vehicles of people who routinely don't carry insurance.

In Hawaii you can only legally transport a firearm to: HPD for registration/transfer of registration, from a retail establishment after purchase and then home or HPD for registration prior to home, to and from a retail establishment for servicing (gunsmithing) or to the range and back home.  The arrest was affected ecause the individual admitted to leaving the range and stopping at the mall.  He did not go directly home.  He was in violation of the letter of the law but I agree with Nihonjin in that it should only be one count, the shotgun and not three as the two handguns were never visually nor physically verified by the arresting officer to be at the locatin.

Like it or not, the gentleman incriminated himself by saying he had the handguns there at the mall and subsequently stolen. So, he was charged with three counts of "place to keep" firearms. The police do not need to verify that the guns were there to charge him. The courts will decide if the charges stick. It would be like someone admitting to killing someone where there was physical evidence that supported the confession but no body. Do you think the police wouldn't be able to charge him with murder/manslaughter?

It appears that the situation is somewhat analogous to a motor vehicle operator who was rear ended and who called the cops for assistance and getting cited for not carrying his no-fault insurance card and registration and operating his vehicle with an expired safety. Most people would probably have no problems with this occurrence.

It appears that the situation is somewhat analogous to a motor vehicle operator who was rear ended and who called the cops for assistance and getting cited for not carrying his no-fault insurance card and registration and operating his vehicle with an expired safety. Most people would probably have no problems with this occurrence.

I don't equate the two to each other as I don't feel there is anything wrong ethically/morally with carrying and storing firearms in your vehicle. 

I look at it more like this.  The company says to take your laptop home at the end of the day because they don't want it stolen.  Well you don't and it gets ripped off.  Now because some criminal stole your stuff from a secured location you are going to take heat?  What do you do?  Make up a story that it was in your house and got stolen from there?

I don't equate the two to each other as I don't feel there is anything wrong ethically/morally with carrying and storing firearms in your vehicle. 

I look at it more like this.  The company says to take your laptop home at the end of the day because they don't want it stolen.  Well you don't and it gets ripped off.  Now because some criminal stole your stuff from a secured location you are going to take heat?  What do you do?  Make up a story that it was in your house and got stolen from there?

It is crappy but, in this case the law is clear.

You are not allowed to stop at shopping centers with firearms in your vehicle. If it gets stolen out of your vehicle and you report it to the police, you are admitting to a violation of the law.

This reminds me of an episode of "Cops" that I saw.

On the episode, a trucker calls the police and when they get there, he reports that while he was receiving fellatio from a prostitute, she stole his drugs.

The LEO looked astounded and asked him "Are you sure that you want to report this?"

The trucker was insisting. So he got arrested for soliciting a prostitute. Hahaha, sucks but true.

Hahaha, sucks but true.

I assume this pun was intended. 

Hahaha, sucks but true.

I assume this pun was intended. 

 

It is crappy but, in this case the law is clear.

You are not allowed to stop at shopping centers with firearms in your vehicle. If it gets stolen out of your vehicle and you report it to the police, you are admitting to a violation of the law.

This reminds me of an episode of "Cops" that I saw.

On the episode, a trucker calls the police and when they get there, he reports that while he was receiving fellatio from a prostitute, she stole his drugs.

The LEO looked astounded and asked him "Are you sure that you want to report this?"

The trucker was insisting. So he got arrested for soliciting a prostitute. Hahaha, sucks but true.

I agree that it sucks.

I wonder how it would have played out if the guy had an apartment in the Ala Moana Hotel?

my 2 cents:

Shopping mall parking lot; I do not leave anything in my vehicle if it is of value to me. Gun would be one of those things.

Ignorance of the law; Ignorance - nuff said.

Responsible gun owner: Cowboy the $%ck up!!! own your mistakes,

The law; If not happy with it, get a petition, talk to your representative, get behind it and change the law.......work the system.

Again my 2 cents

Peace

5:00 PM
2 hand guns
1 shotty

sounds like one of our funshoots buddies but who?
feel bad for the person though.