Leilani Estates man arrested for allegedly firing handgun at resident (Read 19688 times)

changemyoil66

Re: Leilani Estates man arrested for allegedly firing handgun at resident
« Reply #60 on: June 01, 2018, 08:39:25 AM »
No we wont. Felon carrying gun, revolver not "assault rifle with high cap full auto clip".

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London808

Re: Leilani Estates man arrested for allegedly firing handgun at resident
« Reply #61 on: June 01, 2018, 10:40:35 AM »
The list of charges were given, but only 11 are felonies.  I believe the 2 I listed last are misdemeanors, but I only read through the Penalties of HRS 134 once to check.

11 Felony Counts filed against him:

1) first-degree robbery,

2) carrying a firearm in the commission of a separate felony,

3) being a felon in possession of a firearm,

4) illegally carrying a handgun,

5-6) two counts of reckless endangering, and

7-11) five counts of first-degree terroristic threatening.

2 Misdemeanors:

1) having no permit to acquire a firearm and

2) no firearm registration.


Because these felonies occurred under a state of emergency, enhanced sentencing rules could lock him up for life.   :wacko:

The illegal firearm, the permit and the registration will get thrown out.

You don’t need a permit for a firearm in your possession.
A felon can’t get a permit, register a firearm or get a CCW license. H attempting any of the above would be violating his 5th amendment rights

Haynes vs US (scotus)
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

changemyoil66

Re: Leilani Estates man arrested for allegedly firing handgun at resident
« Reply #62 on: June 01, 2018, 12:36:17 PM »
That's true.  It's a permit to acquire.  Says so right at the top of the carbon paper you fill out.

Flapp_Jackson

Re: Leilani Estates man arrested for allegedly firing handgun at resident
« Reply #63 on: June 01, 2018, 01:19:44 PM »
That's true.  It's a permit to acquire.  Says so right at the top of the carbon paper you fill out.

Not applying for a Permit to Acquire is a problem if he was in Hawaii when he acquired it.

That assumes he wasn't a felon prohibited from owning/possessing a firearm.


§134-2  Permits to acquire.


(a)  No person shall acquire the ownership of a firearm, whether usable or unusable, serviceable or unserviceable, modern or antique, registered under prior law or by a prior owner or unregistered, either by purchase, gift, inheritance, bequest, or in any other manner, whether procured in the State or imported by mail, express, freight, or otherwise, until the person has first procured from the chief of police of the county of the person's place of business or, if there is no place of business, the person's residence or, if there is neither place of business nor residence, the person's place of sojourn, a permit to acquire the ownership of a firearm as prescribed in this section.  When title to any firearm is acquired by inheritance or bequest, the foregoing permit shall be obtained before taking possession of a firearm; provided that upon presentation of a copy of the death certificate of the owner making the bequest, any heir or legatee may transfer the inherited or bequested firearm directly to a dealer licensed under section 134-31 or licensed by the United States Department of Justice without complying with the requirements of this section.


Quote
§134-17  Penalties. 

(a)  If any person gives false information or offers false evidence of the person's identity in complying with any of the requirements of this part, that person shall be guilty of a misdemeanor, provided, however that if any person intentionally gives false information or offers false evidence concerning their psychiatric or criminal history in complying with any of the requirements of this part, that person shall be guilty of a class C felony.
     (b)  Any person who violates section 134-3(a) shall be guilty of a petty misdemeanor.
     (c)  Any person who violates section 134-2, 134-4, 134-10, 134-15, or 134-16(a) shall be guilty of a misdemeanor.  Any person who violates section 134-3(b) shall be guilty of a petty misdemeanor and the firearm shall be confiscated as contraband and disposed of, if the firearm is not registered within five days of the person receiving notice of the violation. [L 1988, c 275, pt of §2; am L 1994, c 204, §9]
« Last Edit: June 01, 2018, 09:47:39 PM by Flapp_Jackson »
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

London808

Re: Leilani Estates man arrested for allegedly firing handgun at resident
« Reply #64 on: June 01, 2018, 06:24:14 PM »
Not applying for a Permit to Acquire is a problem if he was in Hawaii when he acquired it.

As i stated its irrelevant the supreme court has already ruled that felons dont have to go thru the legal process to get a firearm
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

Flapp_Jackson

Re: Leilani Estates man arrested for allegedly firing handgun at resident
« Reply #65 on: June 01, 2018, 09:21:49 PM »
As i stated its irrelevant the supreme court has already ruled that felons dont have to go thru the legal process to get a firearm

Stop trolling me!
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