Need help with bringing/transferring a gift rifle to my son in Oahu (Read 3725 times)

OldMarine

Aloha all,
    I just registered and hope someone can help with my/our situation. I built a retro M16A1 semi auto rifle for my son last fall and will be flying next week, 2/6/19, to Oahu to visit he and his wife and my new granddaughter for 2 weeks. He and I are "up to speed" with the Hawaii regs, permits, registration, etc. but are faced with an apparent impasse at this point. He was filling out the forms for applying for the permit to purchase / acquire and had to answer "yes" to the question regarding ".... ever been counseled for substance abuse", because 5+ years ago he failed a US Coast Guard drug test for marijuana, and lost his 100 ton captain's license. He went into a counseling program for 18 months and successfully completed it and was certified "clean". He successfully appealed to the Coast Guard and was granted his captain's license again.
      He called the firearms section of the Honolulu Police Department and the told him he needed a letter from a physician stating he was "clean". So, he talked to his primary care doctor about the situation, his proof and counseling program references, and he informed my son he doesn't issue those letters under any circumstances. (Must be one of those gun control types) Anyway, he/we are now in a "pickle" ! I want to bring the rifle with me on my flight from North Carolina, but it looks like he will not be able to get the acquisition permit by the time I leave on 2/20/19, unless he finds a sympathetic physician to give him a clearance letter. Are there any 2aHawaii.com members that are physicians that could help ? Or, maybe a recommendation of a physician that is an NRA member ? I would appreciate any help anyone could give.
      Also, just in case he doesn't have the permit to acquire before I come home, could I leave / store the rifle with a FFL on Oahu until he gets the permit ?
      Any help would be greatly appreciated.
 
 Semper Fi,
 OldMarine

changemyoil66

Re: Need help with bringing/transferring a gift rifle to my son in Oahu
« Reply #1 on: January 30, 2019, 01:00:32 PM »
On a side note, there are multiple "assault weapon ban" bills making it's way this year thru the legislative session.  Your M16-A1 would be defined as an assault rifle and would become illegal if the bills were to pass into law.

I would leave the rifle at home and wait it out.  Also follow the link below to have your son submit testimony to oppose above mentioned bills:

hifico.org/NO
hifico.org/STOP

tillamook

Re: Need help with bringing/transferring a gift rifle to my son in Oahu
« Reply #2 on: January 30, 2019, 01:06:46 PM »
Im a physician and will do the clearance letters but I'm on the Big Island.

I would not bring that rifle to Hawaii,  It will probably be confiscated and destroyed in the next few months given the number of anti-gun bills just introduced.  Do not expect compensation, grandfathering or even time to get the rifle out of state. 

Even if the bills dont pass, always consider registration of the firearm just a stepping stone for them to make them illegal to confiscate with the next bill.  It is why I did not bring any firearms with me and left them all with my son on the mainland. 

OldMarine

Re: Need help with bringing/transferring a gift rifle to my son in Oahu
« Reply #3 on: January 30, 2019, 04:19:50 PM »
Thanks to Tillamook and changemyoil66 for your responses and information ! GEEZ,I had no idea the anti-gunners were going so hard for a semi-auto ban in Hawaii. Is there a big problem there with "assault rifles" being used in crimes or does the Hawaii legislature think they can repeal the Second Amendment all by themselves ? The only reason my son wanted a rifle was for self protection, just in-case, when he and his wife take their boat from Oahu to Maui. Given your warnings, I will probably not bring it on my trip and wait and see if you all can beat back the stupid "barbarians" trying to disarm the citizens. And, thanks Doc Tillamook for your offer too. I will also advise my son to actively oppose those proposed laws.
 
 Semper Fi,
 OldMarine
 SSgt, USMC, !966-1970
 

Flapp_Jackson

Re: Need help with bringing/transferring a gift rifle to my son in Oahu
« Reply #4 on: January 30, 2019, 04:23:26 PM »
On a side note, there are multiple "assault weapon ban" bills making it's way this year thru the legislative session.  Your M16-A1 would be defined as an assault rifle and would become illegal if the bills were to pass into law.

I would leave the rifle at home and wait it out.  Also follow the link below to have your son submit testimony to oppose above mentioned bills:

hifico.org/NO
hifico.org/STOP

I'd offer the exact opposite advise. Since the bills don't include confiscation or a mandatory "buyback", I'd say bring in as many "assault weapons" as you want while you still can. If you wait, you might not be able to beat the effective date the bill becomes law -- assuming it passes.
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

PalisadesKid

Re: Need help with bringing/transferring a gift rifle to my son in Oahu
« Reply #5 on: January 30, 2019, 04:26:47 PM »
Thanks to Tillamook and changemyoil66 for your responses and information ! GEEZ,I had no idea the anti-gunners were going so hard for a semi-auto ban in Hawaii. Is there a big problem there with "assault rifles" being used in crimes or does the Hawaii legislature think they can repeal the Second Amendment all by themselves ? The only reason my son wanted a rifle was for self protection, just in-case, when he and his wife take their boat from Oahu to Maui. Given your warnings, I will probably not bring it on my trip and wait and see if you all can beat back the stupid "barbarians" trying to disarm the citizens. And, thanks Doc Tillamook for your offer too. I will also advise my son to actively oppose those proposed laws.
 
 Semper Fi,
 OldMarine
 SSgt, USMC, !966-1970

Thank you for your service to out country sir!

So is there a problem with "gun violence" in Hawaii? Absolutely NOT. There is ZERO reason. In fact in 2018 a report was requested regarding our laws and their role in firearm related incidents. One stat, shows that of "reported firearm related murders versus other weapons" the ratio is 3 to 29. THREE firearm related and TWENTY NINE for "other weapons". These Democrats are just towing the party line across the country without any valid reason.

Please forward the following to your son as he can call to start preventative measures to these key committee chairs to not give any of these bills a hearing at all.

These are the bills in full text:

HOUSE BILL HB1531
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=1531&year=2019

HOUSE BILL HB1303
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=1303&year=2019

SENATE BILL SB1334
https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=1334&year=2019

The following is a listing of all the Chairs of the Committees that these bills are with right now. Please make some time to call even if you already sent an email recently. You can state, “I sent an email but I really wanted to speak with someone to express my deep concern and how this affects me and thousands of others.”

KEEP CALLING THESE KEY COMMITTEE MEMBERS REGARDING THESE THREE WEAPON BAN BILLS!!!!!!!!!!!!!

With regards to HOUSE BILLS HB1303 and HB1531

HOUSE COMMITTEE ON JUDICIARY (JUD):

CHAIR
Chris Lee
House District 51
Hawaii State Capitol, Room 302
phone: 808-586-9450
fax: 808-586-9456
replee@Capitol.hawaii.gov

VICE CHAIR
Joy A. San Buenaventura
House District 4
Hawaii State Capitol, Room 442
phone: 808-586-6530
fax: 808-586-6531
repsanbuenaventura@Capitol.hawaii.gov

Link to other committee members: https://www.capitol.hawaii.gov/committeepage.aspx?comm=JUD&year=2019

HOUSE PUBLIC SAFETY (PVM)
CHAIR
Gregg Takayama
House District 34
Hawaii State Capitol, Room 323
phone: 808-586-6340
fax: 808-586-6341
reptakayama@Capitol.hawaii.gov

Cedric Asuega Gates
House District 44
Hawaii State Capitol, Room 311
phone: 808-586-8460
fax: 808-586-8464
repgates@Capitol.hawaii.gov

HOUSE COMMITTEE ON FINANCE

Chair


Sylvia Luke
House District 25
Hawaii State Capitol, Room 306
phone: 808-586-6200
fax:
repluke@Capitol.hawaii.gov

Vice Chair


Ty J.K. Cullen
House District 39
Hawaii State Capitol, Room 316
phone: 808-586-8490
fax: 808-586-8494
repcullen@Capitol.hawaii.gov




With regards to SENATE BILL SB1334

SENATE COMMITTEE ON JUDICIARY:

CHAIR
Karl Rhoads
Senate District 13
Hawaii State Capitol, Room 204
phone: 808-586-6130
fax: 808-586-6131
senrhoads@capitol.hawaii.gov

VICE Vice Chair
Glenn Wakai
Senate District 15
Hawaii State Capitol, Room 407
phone: 808-586-8585
fax: 808-586-8588
senwakai@capitol.hawaii.gov

SENATE COMMITTEE ON PUBLIC SAFETY

Chair

Clarence K. Nishihara
Senate District 17
Hawaii State Capitol, Room 214
phone: 808-586-6970
fax: 808-586-6879
sennishihara@capitol.hawaii.gov

Vice Chair

Glenn Wakai
Senate District 15
Hawaii State Capitol, Room 407
phone: 808-586-8585
fax: 808-586-8588
senwakai@capitol.hawaii.gov

changemyoil66

Re: Need help with bringing/transferring a gift rifle to my son in Oahu
« Reply #6 on: January 30, 2019, 04:48:04 PM »
I'd offer the exact opposite advise. Since the bills don't include confiscation or a mandatory "buyback", I'd say bring in as many "assault weapons" as you want while you still can. If you wait, you might not be able to beat the effective date the bill becomes law -- assuming it passes.
So far, there is no grandfather clause. So its a crap shoot.

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Flapp_Jackson

Re: Need help with bringing/transferring a gift rifle to my son in Oahu
« Reply #7 on: January 30, 2019, 05:06:02 PM »
So far, there is no grandfather clause. So its a crap shoot.

Sent from my SM-G950U using Tapatalk

I think there is. 

Quote
This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.


Edit:::

Okay, I had to look it up.

In the Hawaii Legislative Drafting Manual, this is what's known as a "Saving Clause."

https://www.legislationline.org/documents/id/3643

Quote
Saving clause - preserves certain rights, remedies, or privileges that would otherwise be destroyed by the general enactment.
The saving clause is usually used to restrict repealing bills by continuing repealed acts in force as to existing powers, inchoate rights,
penalties, and pending proceedings.

Example:
SECTION 11. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun,
before its effective date.

Clear as mud, huh?

I'm going to have to modify my earlier statement to "if the law doesn't expressly prohibit confiscation, we can assume the lawmakers left that option open without making it obvious to voters/gun owners".
« Last Edit: January 30, 2019, 05:42:51 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

tillamook

Re: Need help with bringing/transferring a gift rifle to my son in Oahu
« Reply #8 on: January 30, 2019, 06:29:01 PM »

Clear as mud, huh?


I assume it will be police dont know the laws, they arrest you anyway, you lose your job sitting in jail waiting for a bail hearing, go broke getting the lawyer to defend you, your name gets smeared on the news as a crazy gun owner with an arsenal at home, the case gets thrown out 3 years later and you "win"  you join the homeless on the beach.   Oh, and ATF came over and shot your dog for good measure

6716J

Re: Need help with bringing/transferring a gift rifle to my son in Oahu
« Reply #9 on: January 31, 2019, 01:47:33 PM »
I assume it will be police dont know the laws, they arrest you anyway, you lose your job sitting in jail waiting for a bail hearing, go broke getting the lawyer to defend you, your name gets smeared on the news as a crazy gun owner with an arsenal at home, the case gets thrown out 3 years later and you "win"  you join the homeless on the beach.   Oh, and ATF came over and shot your dog for good measure

ATF no come. They no care. HPD come shoot your dog, Agriculture Department come fine you for cruelty to animals allowing them to be shot. But at least you have a nice oceanfront blue/silver roofed house on the Waianae Coast
I'd rather have a bottle in front of me, than a frontal lobotomy.