TTAG: Hawaii Says LEOSA Doesn’t Apply in the State, Bans Out-of-State Carry (Read 4594 times)

nathanm14fan

Well, looks like the AG is spoiling for another fight that will push off CCW (of any form) for a few years for anyone except the blessed local cops. :wtf:

From the revised guidelines:

"II. 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."

https://www.thetruthaboutguns.com/2018/12/luis-valdes/hawaii-says-leosa-doesnt-apply-in-the-state-bans-carry-by-out-of-state-cops/

punaperson

What?!?! Cops from out of state, who are used to being "special", being treated like ALL the law-abiding residents of Hawaii who are disarmed outside their home? THE HORROR!

nathanm14fan

What?!?! Cops from out of state, who are used to being "special", being treated like ALL the law-abiding residents of Hawaii who are disarmed outside their home? THE HORROR!

I'm surprised that there isn't an exception for in-kind donations to SHOPO. That would track well with the typical reality where "everyone is created equal...just some people are more equal than others"

tillamook

So AG, you are saying the police cant be trusted?  Not that a police officer would arrest another police officer. 

RSN172

Hawaii government is so screwed up and that is the only reason I want to get out of this state.  I was born here and have been a life long resident but it has gotten to the point that I can't stand it any more.  Residents have been leaving the islands in droves as I linked that news article on another thread.
Happily living in Puna

Trumper

they should also define "illegal" cuz illegal fireworks have no meaning this past month.

zippz

Fake news.  I've seen this quoted elsewhere on the internet.  The off duty, not law enforcement part, applies to all states in the nation.  A California Sheriff traveling to Hawaii loses their law enforcement powers(can't enforce CA law in HI) at the border unless special agreements are made.  Same is true for HPD going to Texas.

They can still carry in Hawaii under LEOSA but it's treated like a regular CCW cause they don't have LE powers to arrest.

Also LEOSA doesn't override any states restrictions on things like mag limits or registration.

I don't like Hawaii's restrictive laws, but gotta call out false information.
« Last Edit: December 24, 2018, 03:27:00 PM by zippz »

zippz

Also they're making news about the AGs 2015 LEOSA policy.  That's almost 4 years ago.

nathanm14fan

Fake news.  I've seen this quoted elsewhere on the internet.  The off duty, not law enforcement part, applies to all states in the nation.  A California Sheriff traveling to Hawaii loses their law enforcement powers(can't enforce CA law in HI) at the border unless special agreements are made.  Same is true for HPD going to Texas.

They can still carry in Hawaii under LEOSA but it's treated like a regular CCW cause they don't have LE powers to arrest.

Also LEOSA doesn't override any states restrictions on things like mag limits or registration.

I don't like Hawaii's restrictive laws, but gotta call out false information.

Thanks for information zippz. TTAG used to be informative...now its just a small step above click-bait.

eyeeatingfish

Well, looks like the AG is spoiling for another fight that will push off CCW (of any form) for a few years for anyone except the blessed local cops. :wtf:

From the revised guidelines:

"II. 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."

https://www.thetruthaboutguns.com/2018/12/luis-valdes/hawaii-says-leosa-doesnt-apply-in-the-state-bans-carry-by-out-of-state-cops/

I read the article but I really didn't see an explanation of why the state law trumps the federal law.

The HRS does list being a state or county law enforcement as one of the exemptions but it doesn't say "The state" or "state of Hawaii".... I guess that's where the interpretation lies there.
https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0011.htm

Only thing that is true is that an out of state cop could be required to register their firearm.

changemyoil66

I read the article but I really didn't see an explanation of why the state law trumps the federal law.

The HRS does list being a state or county law enforcement as one of the exemptions but it doesn't say "The state" or "state of Hawaii".... I guess that's where the interpretation lies there.
https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0011.htm

Only thing that is true is that an out of state cop could be required to register their firearm.

State law always Trumps federal, look at how no one has suppressors. 

zippz

Thanks for information zippz. TTAG used to be informative...now its just a small step above click-bait.

I've seen this information made on different sites and others quoting the same article.  Astonishing how so many sites and commenters haven't caught it.  Same problem on both sides of passionate issues, people hope it's true and follow blindly without looking into it themselves.  First obvious clue would've been the date of the policy, which isn't "recently released"

eyeeatingfish

State law always Trumps federal, look at how no one has suppressors.

Not really the same thing but I get what you mean.