I had a discussion with a friend that was terminated from his employer after 10 years because of a random drug test after his birthday.  He has a long gun permit, but now he is worried that his termination of employment will affect him getting a hand gun permit.  I know you can't obtain a fire arm permit if you are a drug user, but he isn't a "chronic" and has never been legally in trouble because of drugs.  When HPD does their background check on him, will they deny his right to obtain a hand gun permit because of his termination?

Nope, because he was never convicted of a crime. Job termination has nothing to do with it.

Nope, because he was never convicted of a crime. Job termination has nothing to do with it.

Thanks bro...  appreciate the info

I don't know about the loss of his lawful ability to purchase and possess firearms, but I do know 99% of the time it is illegal for a company to fire an employee for  testing positive for illegal substance abuse.  After the initial test they will then need to do a more thorough analysis because that initial testing is too general.  Following that the employee will then be called in and the findings discussed.  If this is the first infraction the employer is then required to provide drug abuse intervention and substance abuse training.  If the worker refuses treatment then they can be let go.  They cannot just fire you on your first infraction.  I know this as an instructor and company safety rep.

Nope,  someone I know has a misdemeanor marijuana conviction from about 10 yrs ago on Maui,  has long gun permit and owns pistols now.

They should only be able to deny you if you were convicted of selling drugs or have been deemed an addict.

I don't know about the loss of his lawful ability to purchase and possess firearms, but I do know 99% of the time it is illegal for a company to fire an employee for  testing positive for illegal substance abuse.  After the initial test they will then need to do a more thorough analysis because that initial testing is too general.  Following that the employee will then be called in and the findings discussed.  If this is the first infraction the employer is then required to provide drug abuse intervention and substance abuse training.  If the worker refuses treatment then they can be let go.  They cannot just fire you on your first infraction.  I know this as an instructor and company safety rep.

actually, i work for HFD and i had a coworker that was "let go" after his first infraction.  most will get that 2nd chance, but not everybody.  All get that option of SAP, but it is to the discretion of our fire chief that allows the person to continue his employment with the fire department.  Being that HFD, and HPD are city and county, i was wondering if being let go from the fire department for failed drug test, will be easily accessed by HPD being that they are both city and county departments.  There fore showing previous drug use, and forbidding him to get a hand gun permit.  sh*tty how you make a bad decision during your personal time, and then it ends up ruining your career.  Doesn't seem completely fair...

Nope, because he was never convicted of a crime felony. Job termination has nothing to do with it.

Corrected it

Being terminated for a failed drug test does not disqualify, nor is it illegal...Many employers have a drug-free workplace policy

Quote from: kala201 on March 15, 2012, 04:43:42 PM

I don't know about the loss of his lawful ability to purchase and possess firearms, but I do know 99% of the time it is illegal for a company to fire an employee for  testing positive for illegal substance abuse.  After the initial test they will then need to do a more thorough analysis because that initial testing is too general.  Following that the employee will then be called in and the findings discussed.  If this is the first infraction the employer is then required to provide drug abuse intervention and substance abuse training.  If the worker refuses treatment then they can be let go.  They cannot just fire you on your first infraction.  I know this as an instructor and company safety rep.

actually, i work for HFD and i had a coworker that was "let go" after his first infraction.  most will get that 2nd chance, but not everybody.  All get that option of SAP, but it is to the discretion of our fire chief that allows the person to continue his employment with the fire department.  Being that HFD, and HPD are city and county, i was wondering if being let go from the fire department for failed drug test, will be easily accessed by HPD being that they are both city and county departments.  There fore showing previous drug use, and forbidding him to get a hand gun permit.  sh*tty how you make a bad decision during your personal time, and then it ends up ruining your career.  Doesn't seem completely fair...

It is and will always be up to an immediate superior what action is taken. Without knowing all the details, I wouldn't so quick to say whether it's fair or not. The decision on what action will be taken can be based on a lot of things (time in service/work history, type of drug, sensitivity of job requirement, etc). Could be more to it and likely is (what I believe), because even if terminated, one has the option to appeal and request a "re-test" (if one hasn't already been done).

As for a second chance? Personally, I think one should take a termination and/or appeal. Why? Because "second chances" usually involve some kind of counselling/treatment. And THAT would be a disqualification for firearms ownership (HRS 134-7 (c) 1).

Corrected it

Being terminated for a failed drug test does not disqualify, nor is it illegal...Many employers have a drug-free workplace policy
 
actually, i work for HFD and i had a coworker that was "let go" after his first infraction.  most will get that 2nd chance, but not everybody.  All get that option of SAP, but it is to the discretion of our fire chief that allows the person to continue his employment with the fire department.  Being that HFD, and HPD are city and county, i was wondering if being let go from the fire department for failed drug test, will be easily accessed by HPD being that they are both city and county departments.  There fore showing previous drug use, and forbidding him to get a hand gun permit.  sh*tty how you make a bad decision during your personal time, and then it ends up ruining your career.  Doesn't seem completely fair...


It is and will always be up to an immediate superior what action is taken. Without knowing all the details, I wouldn't so quick to say whether it's fair or not. The decision on what action will be taken can be based on a lot of things (time in service/work history, type of drug, sensitivity of job requirement, etc). Could be more to it and likely is (what I believe), because even if terminated, one has the option to appeal and request a "re-test" (if one hasn't already been done).

As for a second chance? Personally, I think one should take a termination and/or appeal. Why? Because "second chances" usually involve some kind of counselling/treatment. And THAT would be a disqualification for firearms ownership (HRS 134-7 (c) 1).

oh wow thanks grammar police. I think he knows what I meant.

oh wow thanks grammar police. I think he knows what I meant.

Wow is right...how you could possibly take offense and respond with a snide remark (to a simple correction that is NOT about grammar) is beyond me. Was my response condescending to you/anyone else? Nope. The fact is, the OP asked a valid question that deserves a "right" answer. Whether he knows what you meant is not the point, the correction was to clarify things for others who may have questions about disqualification. Saying "convicted of a crime" can needlessly lead to some misunderstanding, then someone asking if a speeding ticket is grounds for a DQ.

If you, Don, have an issue over how one word might be a problem? Just consider the differences "may" and "shall", as it is applied to Hawaii laws. Then perhaps you'll understand the importance one word can make before starting (or coming off as) a pissing contest with someone who basically agreed with you.

Wow is right...how you could possibly take offense and respond with a snide remark (to a simple correction that is NOT about grammar) is beyond me. Was my response condescending to you/anyone else? Nope. The fact is, the OP asked a valid question that deserves a "right" answer. Whether he knows what you meant is not the point, the correction was to clarify things for others who may have questions about disqualification. Saying "convicted of a crime" can needlessly lead to some misunderstanding, then someone asking if a speeding ticket is grounds for a DQ.

If you, Don, have an issue over how one word might be a problem? Just consider the differences "may" and "shall", as it is applied to Hawaii laws. Then perhaps you'll understand the importance one word can make before starting (or coming off as) a pissing contest with someone who basically agreed with you.

Jesus H. Christ, who in the hell said I was taking offense that's the problem with people nowadays, they jump to conclusions way to fast. Yes I meant "Felony" I didn't put it down thinking if this gentleman has firearms he knows that being convicted of a felony would disqualify him/ her from getting a permit unless he's pardoned.

 I was being sarcastic damn it. Relax!

No they are not supposed to fire for first time offense, although I can see HFD and HPD being the exception.  They are required to offer and provide intervention.  This is supposed to help alleviate the burden from society and government.  The sad truth, in my industry anyways, is they just lay the guy off sighting lack of work as the reason.  That way the company does not have to foot the bill for treatment.  I lost a good friend because a shop I used to work for did that.

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No they are not supposed to fire for first time offense, although I can see HFD and HPD being the exception.  They are required to offer and provide intervention.  This is supposed to help alleviate the burden from society and government.  The sad truth, in my industry anyways, is they just lay the guy off sighting lack of work as the reason.  That way the company does not have to foot the bill for treatment.  I lost a good friend because a shop I used to work for did that.

You need to look at company policy and union master agreements about when firing is justified.  Maybe it's a no tolerance thing maybe it's not.  Personally if the pilot of the plane I'm on is a druggie..............fired...........