Mainland Sheriff CCW in Hawaii (Read 11021 times)

BMWRider

Mainland Sheriff CCW in Hawaii
« on: March 01, 2012, 10:18:30 PM »
Same mainland sheriff deputy that was involved in the Magnum crackhead trying to sell a stolen gun incident.

http://www.hawaiinewsnow.com/story/17049882/honolulu-police-investigate-downtown-stabbing

Short of the story is that he was carrying concealed. Pulled gun to stop an assault in progress. Admits to carrying concealed all the time. Says itʻs ok because of Federal Law Enforcement Officer Safety Act.

As far as I know, and was also told by two HPD Asst. Chiefs, Hawaii and Honolulu do not recognize that act and prohibit LEOs from other jurisdictions from carrying in Hawaii. Also cops from other islands are not allowed to carry on Oahu. Discuss!

Cougar8045

Re: Mainland Sheriff CCW in Hawaii
« Reply #1 on: March 01, 2012, 10:31:38 PM »
Hawaii and Honolulu can say whatever the hell they want, but  they're just tin horn dictators pissing in the wind, since it's federal law that permits him to carry here.
I'm just a fluffy white bunny rabbit who lost his way. 

"If a thief be found breaking in, and be smitten that he die, there shall no blood be shed for him. ..."  -Exodus 22:2

hillbilly19

Re: Mainland Sheriff CCW in Hawaii
« Reply #2 on: March 01, 2012, 10:43:26 PM »
HPD might say one thing, but the AGs office says they can carry.  And like cougar said, he's carrying under Federal law

http://hawaii.gov/ag/criminal_justice/LEO/149331_2.pdf

BMWRider

Re: Mainland Sheriff CCW in Hawaii
« Reply #3 on: March 01, 2012, 11:50:54 PM »
So who wants to chip in and buy an abandoned town?

Kingkeoni

Re: Mainland Sheriff CCW in Hawaii
« Reply #4 on: March 02, 2012, 12:51:37 AM »
HPD might say one thing, but the AGs office says they can carry.  And like cougar said, he's carrying under Federal law

http://hawaii.gov/ag/criminal_justice/LEO/149331_2.pdf

Did you read the contents of your link?

J, II, says that if they're not on official duty, they're not considered LEO's and not authorized to carry in Hawaii.


Totally opposite of federal law.

Hmmmmm?
Your number one Option for Personal Security is a lifelong commitment to avoidance, deterrence, and de-escalation.

Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.

antoinebugleboy

Re: Mainland Sheriff CCW in Hawaii
« Reply #5 on: March 02, 2012, 03:01:38 AM »
Why is this even an issue? http://www.fop.net/legislative/issues/hr218/hr218faq.pdf

"Qualified active and retired law enforcement officers do not need any additional concealed
carry permits or licenses. Federal law exempts them from local and State prohibitions on the
carriage of concealed firearms. "
There ain't no such thing as a free lunch. - Heinlein

I swear by my life, and my love of it, that I will never live for the sake of another man, nor ask another man to live for mine. - Rand

What can be asserted without evidence can also be dismissed without evidence. - Hitchens

HiCarry

Re: Mainland Sheriff CCW in Hawaii
« Reply #6 on: March 02, 2012, 10:52:27 AM »
Did you read the contents of your link?

J, II, says that if they're not on official duty, they're not considered LEO's and not authorized to carry in Hawaii.


Totally opposite of federal law.

Hmmmmm?
No it doesn't.....it says:

Quote
If you are not on official duty with your governmental law enforcement agency and you are carrying a concealed firearm pursuant to 18 U.S.C. § 926B, you are not considered a “law enforcement officer” in the State of Hawaii. The Hawaii Revised Statutes will be applied to you as if you were a “civilian” with no law enforcement powers.

Remember, we do "have" concealed carry in Hawaii....it's just that none of us regualr folks can take advantage of it.....so, an LEO carrying under the LEOSA in Hawaii is not considered an LEO unless he is on "official" business (according to Hawaii's interpretation of the LEOSA). If here on vacation, the LEO is "just a citizen" and must therefore abide by the rules the state has for concealed carry. I believe this is consistent with LEOSA (which basically says the off-duty LEO must abide by the rules where he's carrying, with the exceptioin that he cannot otherwise be disallowed from carrying), but I am not as up-to-date on all the provisions of the act.

As an example, in New Jersey it is illegal for anyone except "LEOs" to have hollow point ammunition. There have been instances of off-duty, out of state (NJ) LEOs being arrested for possessing hollow point ammo. Not saying I like it, but that's the way it is....

hillbilly19

Re: Mainland Sheriff CCW in Hawaii
« Reply #7 on: March 02, 2012, 03:15:38 PM »
Did you read the contents of your link?

J, II, says that if they're not on official duty, they're not considered LEO's and not authorized to carry in Hawaii.


Totally opposite of federal law.

Hmmmmm?

i read it and took it as saying they are not leos in the sense that they cannot go out and make arrests, but carrying under leosa for personal protection is ok. to each their own

rswarrior1700

Re: Mainland Sheriff CCW in Hawaii
« Reply #8 on: March 02, 2012, 11:22:59 PM »
You know whats funny one out of towner just so happen to be in the middle of it twice now and did something.

The police needs to step up or give us ccw.

So whats the story with the felon walking in Magnum with a gun???? :wtf:
I wonder what was Art's and evryones else reaction time?

Jaydawg

Re: Mainland Sheriff CCW in Hawaii
« Reply #9 on: March 03, 2012, 06:04:10 AM »
Star advertiser states he was Honolulu Police Commissioner at one time.  Maybe he has a coveted Hawaii CCW permit but the media and/or police are not reporting it.

Jaydawg

Re: Mainland Sheriff CCW in Hawaii
« Reply #10 on: March 03, 2012, 06:09:13 AM »
Star advertiser states he was Honolulu Police Commissioner at one time.  Maybe he has a coveted Hawaii CCW permit but the media and/or police are not reporting it.

ok....well this disproves my Hawaii CCW theory.

http://the.honoluluadvertiser.com/article/2008/Mar/03/ln/hawaii803030360.html

clshade

Re: Mainland Sheriff CCW in Hawaii
« Reply #11 on: March 03, 2012, 02:29:27 PM »
Federal law supersedes State law. Period. This has been a bone of contention since day 1 in the U.S.

Unless the Federal law includes a provision that State CCW laws, where they exist, apply INSTEAD of the Federal law then the State or County will lose any attempted prosecution that finds its way to a Federal court  - as it surely would if the local court granted a conviction. A retired LEO carrying concealed and otherwise behaving legally is not under local police jurisdiction with regards to his or her right to carry. The police can still arrest and prosecute if they like but it is a clear losing case and they might well be counter sued for harassment because of it. 

It would become a State Vs. Federal law case and the State should (and would) be wise in picking which issues to make a battle of. Very unwise to challenge Uncle Sam in his own territory unless there is a clear strategy and nationwide support.

Dblnaknak

Re: Mainland Sheriff CCW in Hawaii
« Reply #12 on: March 03, 2012, 05:52:19 PM »
You know whats funny one out of towner just so happen to be in the middle of it twice now and did something.

The police needs to step up or give us ccw.

So whats the story with the felon walking in Magnum with a gun???? :wtf:
I wonder what was Art's and evryones else reaction time?

I went to magnum the other day and it looked like art was wearing a firearm while behind the counter. He's a convicted felon. I wonder what would happen is someone was to call the cops.

AWS-GTAW

Re: Mainland Sheriff CCW in Hawaii
« Reply #13 on: March 03, 2012, 08:03:40 PM »
I went to magnum the other day and it looked like art was wearing a firearm while behind the counter. He's a convicted felon. I wonder what would happen is someone was to call the cops.

LOL  :thumbsup:

DuckFat

Re: Mainland Sheriff CCW in Hawaii
« Reply #14 on: March 04, 2012, 04:39:12 AM »
I went to magnum the other day and it looked like art was wearing a firearm while behind the counter. He's a convicted felon. I wonder what would happen is someone was to call the cops.

He might not be there anymore if he's in jail. Sentencing was March 1. Anyone know what happened? All I know is max sentence is 35 years and $1.75 million fine.

Although Art was convicted I think he can still carry until sentencing. I'm not exactly sure why that is but I do remember that Kenneth Lay (Enron CEO) had his conviction overturned or something because he died before sentencing so the govt could no longer recover the money he stole as part of a criminal case.
What if rhinos are just fat unicorns?

BMWRider

Re: Mainland Sheriff CCW in Hawaii
« Reply #15 on: March 05, 2012, 03:23:05 AM »
Itʻs Hawaii. He probably got  sentenced to 12 hours of community service and 4 hours of selling girl scout cookies.

Kingkeoni

Re: Mainland Sheriff CCW in Hawaii
« Reply #16 on: March 05, 2012, 08:03:53 AM »
Itʻs Hawaii. He probably got  sentenced to 12 hours of community service and 4 hours of selling girl scout cookies.

Close.

He got 40 hours of community service and 5 years of probation.
Your number one Option for Personal Security is a lifelong commitment to avoidance, deterrence, and de-escalation.

Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.