Eh?

I mean of course you got your permit and all legal rights to be there in a tent.

Nope.

Nope. Take your gun to a campsite and it will be a failure to keep charge plus a reckless endangering. Maybe a couple more.

Nice try tho
I haven't been camping for a while but I would want to have my handgun with me. Too bad.

^^^Didn't this issue come up with Yellowstone? 

Yeah. It's a national park and there was something about firearms in national parks. Hey. Isn't Kapiolani park a national park?

Yeah. It's a national park and there was something about firearms in national parks. Hey. Isn't Kapiolani park a national park?

According to this it is:  http://au.totaltravel.yahoo.com/directory/travel-guides/united-states/hawaii/oahu/?filter=gardens

Nope.

I don't see why it wouldn't be.  Unlike a car, there is no ordinance about not being able to sleep in a tent!  I would be pretty certain that, at a minimum, you could have it in an enclosed container there. The Federal judge here said that confine = carry.

Who would you call or email for a definitive answer?

According to their official website, firearms are prohibited at Haleakala National Park. 

And, according to a link in the Hawaii State Parks website, firearms are only allowed in state parks for the purpose of hunting. 

HRA has a synopsis of Hawaii gun laws which states that campgrounds do not qualify as places of sojourn.  I'll try to run down that reference.

btw I'm not going camping. Wife is going so that got me thinking.

Thanks Tom for any update on the synopsis.

Well, the document I was thinking of didn't say what i remembered it saying.  In retrospect, I think I was remembering discussion about that document in various classes, not the content itself.

So, I picked up the phone and called HPD.  They punted, saying that DLNR would be the proper place to ask that question.  However, the lady I spoke to (Susy) did opine that a tent would not qualify as a place of sojourn. 

I've got a call pending to the DLNR's public information office.

Called the DLNR division of Forestry and Wildlife, and asked the same question.  They said "no."  They tell campers that firearms are not allowed in state campsites.  When I asked for a reference, the lady I spoke with couldn't provide much of one.  What she could find was a reference in Chapter 13-123 of the Hawaii Administrative Rules referring to Safety Zones.

"Safety zone" means an area within or adjacent to a public hunting area, where possession of a loaded weapon or the discharge of firearms or other weapons is prohibited to prevent a hazard to people or property.

You can find the document here.  Just download "The Entire Document" of Chapter 123.  Safety Zones appears on page 4.

Page 22 talks about not having a firearm in a hunting area outside of hunting season.

So, although DLNR asserts that you can't do it, their assertion does not seem to be based on law.  At least, not that my phone skills and Google-fu can uncover. 

Sounds like one of you needs to get arrested for packing while camping.  Then you can get HFD to help you sue the state, and get some progress made!

................Sounds like one of you needs to get arrested for packing while camping.  Then you can get HFD to help you sue the state, and get some progress made!

Man............can you imagine if it was funtimes?




The Ranger would call to him to produce ID.

.............the zipper on the tent opens 4", a library card comes out. 

Ranger is PO'd and yells at funtimes about giving him a drivers license.

Funtimes responds that he is not currently driving his tent and that his library card is sufficient identification while pointing out a drivers license is not an ID.............GoPro cameras are already mounted surrounding the campsite and there is a hardwired into a CCTV system inside of his tent................ 

Man............can you imagine if it was funtimes?




The Ranger would call to him to produce ID.

.............the zipper on the tent opens 4", a library card comes out. 

Ranger is PO'd and yells at funtimes about giving him a drivers license.

Funtimes responds that he is not currently driving his tent and that his library card is sufficient identification while pointing out a drivers license is not an ID.............GoPro cameras are already mounted surrounding the campsite and there is a hardwired into a CCTV system inside of his tent................ 

Hummm... Let's see how this would turn out. Ranger asks for an ID and he gives him a library card. Ranger gets Pissed and asks for a govt issued ID like a drivers license. He refuses. Ranger now has probable cause to detain based on failure to produce a valid ID. Now a warrant check is called in and camping permit is revoked because of failure to confirm person on permit. If you finally do present a good ID ranger will still be pissed for u wasting his time and likely cite you for anything he can find which will still result in u being told to leave. That's a lot of trouble to go through for being a dumb ass.

I don't see why it wouldn't be.  Unlike a car, there is no ordinance about not being able to sleep in a tent!

I agree.   

Definition of sojourn is a temporary stay.  A tent would be a temporary stay.

So, according to HRS 134-23 & 134-25, you are allowed to keep a loaded firearm in your tent, a place of sojourn.

I agree.   

Definition of sojourn is a temporary stay.  A tent would be a temporary stay.

So, according to HRS 134-23 & 134-25, you are allowed to keep a loaded firearm in your tent, a place of sojourn.

Did you miss the part where HPD said "ask DLNR" and DLNR said "no?"

I would not  test it. Maybe you would win in court but I think HPD would still arrest. Technically a sojourn I suppose but park rules may trump that. I think that if you are hiking in remote woods where there are bound to be pigs then the law would look at it differently than if you were to take it to a crowded camping park.
It also runs mentioning that as long as you do not use the firearm I don't think anyone would ever know and police would have no reason to search.

I really don't see how it cannot be.  I reviewed those sections of the HAR, and they really don't say anything of value that would preclude.  Re: national parks -- there was a bill to cover this that went into effect with a Credit Card bill a while back.  You would need to look it up I don't have time.

The question would be, what if I was on a multiple day hike / hunting trip?  How could a tent, a place where you can legally sleep for an extended period of time, not be your sojurn.  If you go back to the jury instructions on whatever case it was we pulled up, the reason the guy convicted is because its not legal to sleep overnight in a vehicle.

O13-146-19  Firearms and other weapons. (a) No person shall use or possess bow and arrows, crossbows, firearms, pellet or BB guns, paintball guns, slingshots, or other implements designed to discharge missiles except as provided herein.(b)  Firearms and other weapons may be used or
possessed if in accordance with section 13-146-41.

O13-146-41  Wildlife. No person shall molest, disturb, injure, trap, take, catch, possess, poison, introduce, or kill any wild bird or mammal, or disturb their habitat except when authorized by federal, state, and county laws, ordinances, rules, and regulations.

Of course, 13-146-41 provide nothing relating to firearms....  So as long as you were not violating 146-41, you would have to be "in accordance with" 146-41.    This stuff is a bit off my radar. We are still having problems with them just giving people the concealed carry applications -- again.