The Capitol Blog (Read 24457 times)

zippz

Re: The Capitol Blog
« Reply #40 on: April 08, 2018, 05:47:27 PM »
The legislative session is going onto it's final lap.  2nd crossover is coming up next week.  HB1908 bump stock ban, CCW, magazine limits, hunters apprentice, and other bills are dead for the year.  SB2046 Multiburst trigger ban is going to it's final vote in the House and should crossover back to the Senate since it was amended.  SB2436 Firearm Surrender is also going to it's final vote in the House then not sure if it'll crossover or go to the Governor since it's adopted the same language as HB1908.

Bills that passed all of their committees and floor votes without amendments (changes) will go to conference committee where they'll make any last minute changes (like those 2050 effective dates) then go to the Governor for signature, veto, or pass without signature.  Bills that passed their stages but were amended will go back to their originating chamber on the 2nd crossover next week to go through the process a final time.



The Civil Beat posted an article about trickery that the lawmakers do to get bills passed.  Gut and Replace where they take a dead bill, erase it's contents, and insert a new law to get around deadlines or to try and make another effort to get a bill passed.
http://www.civilbeat.org/2018/04/whats-up-with-all-the-gut-and-replace-trickery-at-the-legislature-this-year/

SB2046 experienced some trickery where it was heading to the trash bin because it would not make the Friday deadline to be heard by the JUD committee.  The bill was added to the committee hearing 46 minutes before it started which prevented us from providing testimony.  I read through the Hawaii Constitution and I only saw a requirement for open hearings and no requirement for submitting testimony.  I don't think there are any laws that require it.  The House rules (https://www.capitol.hawaii.gov/docs/HouseRules.pdf) state that 48 hour notice is to be given for committee hearings which can be waived by the speaker for good cause.  I don't see a case for good cause unless there was somesort of emergency that prevented the bill from being included or unforseeable urgent need to have the bill heard in committee.  A problem on their part shouldn't become a problem on our part.

Persons to notify about this would be the JUD Chair, Nishimoto who submitted the last minute waiver, House Speaker Saiki who approved the waiver, and your district representative who elect the Speaker.

zippz

Re: The Capitol Blog
« Reply #41 on: April 08, 2018, 07:16:58 PM »
In other news....

Attorney's Opinion - Long gun registration for those under 21yrs
The background.  I'm helping a military servicemember who is 20 years old and wants to bring his rifle here from Texas and get it registered at HPD.  HPD told him he can't register it and that they will hold on to it until he turns 21.  According HRS 134-3 there is no age requirement to register the rifle a person already owns and the 21 yr requirement is only for permits to acquire. 

Step 1 - I went to HPD to try and work out the issue and they said he cannot register it until 21.  I ask for a reference.  They said go look it up yourself.  The rest of the conversation didn't go well and I felt like I was going to be thrown in prison.

Step 2 - I had HRA talk to the Major of firearms section.  Denied.

Step 3 - I requested an attorney from the capitol Legislative Reference Bureau to research the law and send me an opinion on behalf of Rep Sam Kong.  I should get an answer back this week.

Step 4 - If HPD doesn't accept the attorney's opinion,then I'll send it to the State Attorney General's office on behalf of Rep Sam Kong.  HPD would have to follow the AG's opinion.

If you have a problem with HPD and need an interpretation of the law, you can go through this route and save yourself from attorney's fees.  Or if another department isn't cooperative for whatever issue then you can do this too.  The State attorney's and AG (along with other departments) serve the government and not the public.  This method allows you to get information through your representative's office.

More to follow.




Mom's Demand Action

Repeat from the march thread.  Mom's Demand Action had a meeting before their march last month.  They got a Representative to host and reserve the room.  Something we could do in the future too if we need a meeting room in town.  There's also the large auditorium in the basement that can hold about 200 people that they use for forums and presentations.  They had Dominos Pizzas, chicken ranch my favorite.



And another meeting for a mental health presentation.  Notice the food?  Yes very important to have food to get an audience.

zippz

Re: The Capitol Blog
« Reply #42 on: April 11, 2018, 07:22:34 PM »
Fundraiser tonight with the lobbyists.  More food.



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ren

Re: The Capitol Blog
« Reply #43 on: April 11, 2018, 09:47:51 PM »
very informative  :thumbsup:
Deeds Not Words

hvybarrels

Re: The Capitol Blog
« Reply #44 on: April 11, 2018, 11:53:51 PM »
Dominos?! F that S!

Dirty Lickins Chicken!
« Last Edit: April 12, 2018, 10:22:05 AM by hvybarrels »
The F in Communism stands for Food

ren

Re: The Capitol Blog
« Reply #45 on: April 12, 2018, 07:46:56 AM »
In other news....

Attorney's Opinion - Long gun registration for those under 21yrs
The background.  I'm helping a military servicemember who is 20 years old and wants to bring his rifle here from Texas and get it registered at HPD. HPD told him he can't register it and that they will hold on to it until he turns 21.  According HRS 134-3 there is no age requirement to register the rifle a person already owns and the 21 yr requirement is only for permits to acquire. 

Step 1 - I went to HPD to try and work out the issue and they said he cannot register it until 21.  I ask for a reference.  They said go look it up yourself.  The rest of the conversation didn't go well and I felt like I was going to be thrown in prison.


Isn't that illegal search and seizure? Law says he can have his rifle - HPD said cannot and will take it from him
Deeds Not Words

London808

Re: The Capitol Blog
« Reply #46 on: April 12, 2018, 07:49:52 AM »
Isn't that illegal search and seizure? Law says he can have his rifle - HPD said cannot and will take it from him

Not illegal search but it would be a 4th and 5th amendment violation.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

zippz

Re: The Capitol Blog
« Reply #47 on: April 12, 2018, 08:03:31 AM »
Isn't that illegal search and seizure? Law says he can have his rifle - HPD said cannot and will take it from him

Yes.  They claimed that because HRS 134-2 Permit to Acquire had a minimum age of 21, then it applied to 134-3 registration.  They have no clue and just doing it that way because it's always been done that way and it's easier to discourage people from challenging them than figuring it out themselves.

They could claim that the intent of law in 134-3 is to follow 134-2 because no age is listed, but that's weak.  I think the lawmakers didn't include a age limit for registration for people moving here where you can buy a rifle at 16 in some States.

zippz

Re: The Capitol Blog
« Reply #48 on: April 12, 2018, 09:32:13 AM »
Kapuna Power day at the Capitol.

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groveler

Re: The Capitol Blog
« Reply #49 on: April 12, 2018, 12:55:50 PM »
Not illegal search but it would be a 4th and 5th amendment violation.

I don't want to get banned, but most you guys haven't figured out yet that by the time
your rights are recognized you will be 10-20 years older? Cops do as they please,
because they know how slow the courts are. They will take your guns illegally as they
know they will never be punished for illegal acts, and you will never get them back or
you will be very much older when you do.
You will get a rusty piece of junk as they store them poorly on purpose.
The cops really are not your friends.
They are agents of the government and they work for the government.
The government is not your friend,  it is your lord and master.
I'm going to get warned for typing that,  but it is truth.
 

ren

Re: The Capitol Blog
« Reply #50 on: April 12, 2018, 02:00:10 PM »
I don't want to get banned, but most you guys haven't figured out yet that by the time
your rights are recognized you will be 10-20 years older? Cops do as they please,
because they know how slow the courts are. They will take your guns illegally as they
know they will never be punished for illegal acts, and you will never get them back or
you will be very much older when you do.
You will get a rusty piece of junk as they store them poorly on purpose.
The cops really are not your friends.
They are agents of the government and they work for the government.
The government is not your friend,  it is your lord and master.
I'm going to get warned for typing that,  but it is truth.

I don't think thats a fair generalization of the HPD or any LE organization in the US. There are officers that respect the 2A. Unfortunately it's an organization that exists in an anti-2A environment. The root problem is the leadership we have at the City level. Allegiance to anti 2A issues keeps them aligned with the powers that be.
Deeds Not Words

Flapp_Jackson

Re: The Capitol Blog
« Reply #51 on: April 12, 2018, 02:05:05 PM »
I don't think thats a fair generalization of the HPD or any LE organization in the US. There are officers that respect the 2A. Unfortunately it's an organization that exists in an anti-2A environment. The root problem is the leadership we have at the City level. Allegiance to anti 2A issues keeps them aligned with the powers that be.

This is why in many counties, the Sheriffs (elected by the people) publicly support the Constitution and 2A, whereas the police chiefs in the same areas (appointed by city leadership) toe the gun control line.

So, when you read how a high percentage of police chiefs support some gun control measure, they are parroting what their political masters advocate.
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

groveler

Re: The Capitol Blog
« Reply #52 on: April 12, 2018, 03:52:58 PM »
This is why in many counties, the Sheriffs (elected by the people) publicly support the Constitution and 2A, whereas the police chiefs in the same areas (appointed by city leadership) toe the gun control line.

So, when you read how a high percentage of police chiefs support some gun control measure, they are parroting what their political masters advocate.

Have you ever heard of "Oath keepers".?
A cop does not promise to uphold the constitution, which
is a document that defines your God given rights and
 what the government cannot do.
a Cop promises to uphold whatever stupid law TPTB pass.
presuming ALL laws are for the peace of society.
That is how you get enslaved
as Hawaii gun owners are.
Courts are expensive and the policeman has
all the time and money in the world.


punaperson

Re: The Capitol Blog
« Reply #53 on: April 12, 2018, 04:07:32 PM »
Have you ever heard of "Oath keepers".?
A cop does not promise to uphold the constitution, which
is a document that defines your God given rights and
 what the government cannot do.
a Cop promises to uphold whatever stupid law TPTB pass.
presuming ALL laws are for the peace of society.
That is how you get enslaved
as Hawaii gun owners are.
Courts are expensive and the policeman has
all the time and money in the world.
Here is the oath of office that all chiefs of police take (I have a copy of the signed oath for Hawaii county), and from the description it sounds as if all law enforcement officers would take the same oath.

All eligible public officers, before entering upon the duties of their respective offices, shall take and subscribe to the following oath or affirmation:

"I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, and the Constitution of the State of Hawaii, and that I will faithfully discharge my duties as _____________ to best of my ability."

As used in this section, "eligible public officers" means the governor, the lieutenant governor, the members of both houses of the legislature, the members of the board of education, the members of the national guard, State or county employees who possess police powers, district court judges, and all those whose appointment requires the consent of the senate. [Ren and am Const Con 1978 and election Nov 7, 1978; am SB 1440 (1992) and election Nov 3, 1992]

* * * * *
The "out" of course, is "to the best of my ability". They just don't have the "ability" to interpret "the right to bear arms shall not be infringed" as meaning they cannot deny 100% of the law-abiding applicants CCW or open carry licenses. That's the best they can do. They suck!

groveler

Re: The Capitol Blog
« Reply #54 on: April 12, 2018, 06:46:09 PM »
Here is the oath of office that all chiefs of police take (I have a copy of the signed oath for Hawaii county), and from the description it sounds as if all law enforcement officers would take the same oath.

All eligible public officers, before entering upon the duties of their respective offices, shall take and subscribe to the following oath or affirmation:

"I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States, and the Constitution of the State of Hawaii, and that I will faithfully discharge my duties as _____________ to best of my ability."

As used in this section, "eligible public officers" means the governor, the lieutenant governor, the members of both houses of the legislature, the members of the board of education, the members of the national guard, State or county employees who possess police powers, district court judges, and all those whose appointment requires the consent of the senate. [Ren and am Const Con 1978 and election Nov 7, 1978; am SB 1440 (1992) and election Nov 3, 1992]

* * * * *
The "out" of course, is "to the best of my ability". They just don't have the "ability" to interpret "the right to bear arms shall not be infringed" as meaning they cannot deny 100% of the law-abiding applicants CCW or open carry licenses. That's the best they can do. They suck!

I stand corrected.
I owe you a breakfast at cafe 100.

punaperson

Re: The Capitol Blog
« Reply #55 on: April 12, 2018, 07:33:42 PM »
I stand corrected.
I owe you a breakfast at cafe 100.
Hey, it's totally understandable. Anyone who observed their actions would have to assume that they never took any kind of oath to uphold the constitutions... because they don't. I mean all of them: the cops, the chiefs, the legislators, the governor, the AG, the mayors, etc. They're all violating their oaths of office, and not a god-damned thing has ever happened to any of them for doing so. Nothing. Ever. Day after day after day...  They just keep creating, passing, signing, and enforcing more infringements with absolutely no consequences at all. Except maybe getting re-elected for 20 years. :wtf:

London808

Re: The Capitol Blog
« Reply #56 on: April 13, 2018, 07:21:54 AM »
 :stopjack:
Can we get an admin to cleanup the thread please
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

zippz

Re: The Capitol Blog
« Reply #57 on: April 13, 2018, 07:21:58 AM »
48 he waiver

Yesterday my Rep, Vice chair EDN, had to get a 48hr waiver to add 3 bills to the Education committee hearing today related to studying security personnel at schools.  The bills were left off by the actual chair, I dunno why.   He asked for approval at the floor session and the speaker approved it.  At least this one gives 27 hours notice and testimony won't be marked late.

https://www.capitol.hawaii.gov/session2018/hearingnotices/HEARING_EDN_04-13-18_.HTM


Recognition.

There are a couple ways to show appreciation through the legislature.  One methods is for representative to recognize people at the floor aessions for good deeds and work they're doing.

Another way is through certificates.  You can recommend someone to a representative for stuff like teachers and students winning awards, great volunteer, heroic acts, etc.  A formal certificate can be made and the rep will present it at the school or in a house or senate floor session.

We could do this for air rifle champions and great 2a volunteers.




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« Last Edit: April 24, 2018, 03:27:35 PM by zippz »

zippz

Re: The Capitol Blog
« Reply #58 on: April 13, 2018, 07:28:58 AM »
A certificate was given to Ken Kang, teacher from Aiea HS, for receiving a prestigious award.  I've wrote up certs for charter school teacher of the year and PAAC students who won scholarships and awards.

Just have to contact the rep with the info and they'll write up the certificate.



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« Last Edit: April 24, 2018, 03:28:16 PM by zippz »

zippz

Re: The Capitol Blog
« Reply #59 on: April 24, 2018, 03:13:16 PM »
Today I visited the state archives which is a two story building on the grounds of Iolani Palace.  The staff was very friendly.  I just had to register, write down what bills I was looking for, and they went into the backroom and brought out boxes of old copies.  You can use the photocopier (25c each) or I just used my cell phone to take pics.  I got copies of the handgun ban, handgun tax, firearms registration, and firearms safety class bills from 1994.  It was pretty quick.  I wanted to get copies of some testimonies too, but decided not to since it would've taken longer cause you have to lookup the committees, dates, and go through hundreds of pages of testimony.

They have other things there like marriage certificates, immigration records, pictures, cemetery listings, and other stuff going back to the 1800 and 1900's.  They basically have older stuff that the library and Capitol Legislative Reference Bureau wouldn't have.





« Last Edit: April 24, 2018, 03:37:35 PM by zippz »