Firearm registration questions (Read 2960 times)

6716J

Firearm registration questions
« on: February 27, 2019, 10:42:29 AM »
OK so I have stupid questions and I hope somebody can answer them without getting into long drawn out back and forth diatribes of insults amongst members....

Where can I find or get REGISTRATION forms from HPD? All they have are Permit to Acquire forms and Firearms Information forms. Neither of these forms address registration of firearms already owned and brought in into the state by the owner. (This is where I don't want a diatribe on what acquire means. HRS 134-1 states what it means (§134-1. Definitions. As used in this chapter, unless the context indicates otherwise: "Acquire" means gain ownership of.). No different on bring your car here. You didn't buy [acquire] the car here, you already own it.) I'm not buying [acquiring] any firearms in Hawaii, I know the process. I want to know about bringing them in from Out of State which is Part (a). Part (b) deals solely with the acquisition of firearms pursuant to HRS 134-2.

Where is the requirement to provide access to mental health information for registration of firearms in HRS 134-3? I see it for the acquisition of firearms in HRS 134-2. Making people fill out the Mental Health forms is illegal and not enforceable under the color of law if they are just registering their already owned firearms.

So if anyone knows, please let me know where to get the correct legally applicable information and forms. Compliance with written laws cannot be performed if there is not a method to accomplish it.

STATE OF HAWAI’I PERMIT TO ACQUIRE FIREARMS APPLICATION
http://www.honolulupd.org/downloads/SOHFirearmsApplicationQues10_2017.pdf

FIREARMS INFORMATION FORM (Rifle/Shotgun Acquisition - Out-of-State Firearm Acquisition - Return of Firearm from Evidence)
http://www.honolulupd.org/downloads/firearminformation_HPD084R05_13.pdf

Registration requirements
https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0003.htm
§134-3  Registration, mandatory, exceptions. 
(a)  Every person arriving in the State who brings or by any other manner causes to be brought into the State a firearm of any description, whether usable or unusable, serviceable or unserviceable, modern or antique, shall register the firearm within five days after arrival of the person or of the firearm, whichever arrives later, with 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 a place of business nor residence, the person's place of sojourn.  A nonresident alien may bring firearms not otherwise prohibited by law into the State for a continuous period not to exceed ninety days; provided that the person meets the registration requirement of this section and the person possesses:
     (1)  A valid Hawaii hunting license procured under chapter 183D, part II, or a commercial or private shooting preserve permit issued pursuant to section 183D-34;
     (2)  A written document indicating the person has been invited to the State to shoot on private land; or
     (3)  Written notification from a firing range or target shooting business indicating that the person will actually engage in target shooting.
The nonresident alien shall be limited to a nontransferable registration of not more than ten firearms for the purpose of the above activities.
     Every person registering a firearm under this subsection shall be fingerprinted and photographed by the police department of the county of registration; provided that this requirement shall be waived where fingerprints and photographs are already on file with the police department.  The police department shall perform an inquiry on the person by using the International Justice and Public Safety Network, including the United States Immigration and Customs Enforcement query, the National Crime Information Center, and the National Instant Criminal Background Check System, pursuant to section 846-2.7 before any determination to register a firearm is made.
     (b)  Every person who acquires a firearm pursuant to section 134-2 shall register the firearm in the manner prescribed by this section within five days of acquisition. The registration shall be on forms prescribed by the attorney general, which shall be uniform throughout the State, and shall include the following information:  name of the manufacturer and importer; model; type of action; caliber or gauge; serial number; and source from which receipt was obtained, including the name and address of the prior registrant.  If the firearm has no serial number, the permit number shall be entered in the space provided for the serial number, and the permit number shall be engraved upon the receiver portion of the firearm prior to registration.  All registration data that would identify the individual registering the firearm by name or address shall be confidential and shall not be disclosed to anyone, except as may be required:
     (1)  For processing the registration;
     (2)  For database management by the Hawaii criminal justice data center;
     (3)  By a law enforcement agency for the lawful performance of its duties; or
     (4)  By order of a court.
(c) Dealers licensed under § 134-31 or dealers licensed by the United States Department of Justice shall register firearms pursuant to this section on registration forms prescribed by the attorney general and shall not be required to have the firearms physically inspected by the chief of police at the time of registration. (d) Registration shall not be required for:
(1) Any device that is designed to fire loose black powder or that is a firearm manufactured before 1899;
(2) Any device not designed to fire or made incapable of being readily restored to a firing condition; or
(3) All unserviceable firearms and destructive devices registered with the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of Justice pursuant to Title 27, Code of Federal Regulations. (e) No fee shall be charged for the registration of a firearm under this section, except for a fee chargeable by and payable to the registering county for persons registering a firearm under subsection (a), in an amount equal to the fee charged by the Hawaii criminal justice data center pursuant to § 846-2.7. In the case of a joint registration, the fee provided for in this section may be charged to each person.

« Last Edit: February 27, 2019, 11:13:22 AM by 6716J »
I'd rather have a bottle in front of me, than a frontal lobotomy.

changemyoil66

Re: Firearm registration questions
« Reply #1 on: February 27, 2019, 11:16:09 AM »
The "registration" form is an internal form that they give you at the window.  It's carbon copy type of paper.  They don't let you take extra for later.

So besides all those forms you had to down load, there will be 1 more to fill out.  It's all redundant.  And use black ink only, and when initialing, you have to print your initials, not use cursive or similar writing.

Flapp_Jackson

Re: Firearm registration questions
« Reply #2 on: February 27, 2019, 11:26:42 AM »
DISCLAIMER:  I haven't registered a firearm since RAPBACK started, and I know HPD has been digitizing some of the process versus using paper.  My information might be out-dated.


From my recollection, the FIREARMS INFORMATION FORM is all you need to fill out for all registrations, including out-of-state.

Once they inspect the firearm to verify the description and serial number, they record that on the form and use that information to complete the firearm registration form.

You then sign the completed registration form and receive the original to keep, and HPD retains the carbon copies.

Done.

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

6716J

Re: Firearm registration questions
« Reply #3 on: February 27, 2019, 11:36:30 AM »
I too have done nothing since RapBack, but family is thinking of moving over due to military assignment so may be bringing theirs with them. I just want correct information.
I'd rather have a bottle in front of me, than a frontal lobotomy.

Flapp_Jackson

Re: Firearm registration questions
« Reply #4 on: February 27, 2019, 11:42:49 AM »
I too have done nothing since RapBack, but family is thinking of moving over due to military assignment so may be bringing theirs with them. I just want correct information.

Since no permits are needed, they can just show up with their information and firearms as stated on the HPD site under out-of-state registrations.

Any forms that need filling out can be done at the time. They already have to do the firearm check to see if it's reported stolen or used in a crime, so you aren't saving much time pre-filling the form out.

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

6716J

Re: Firearm registration questions
« Reply #5 on: February 27, 2019, 11:52:22 AM »
Since no permits are needed, they can just show up with their information and firearms as stated on the HPD site under out-of-state registrations.

Any forms that need filling out can be done at the time. They already have to do the firearm check to see if it's reported stolen or used in a crime, so you aren't saving much time pre-filling the form out.



In other words pack a lunch and change of clothes
I'd rather have a bottle in front of me, than a frontal lobotomy.

Flapp_Jackson

Re: Firearm registration questions
« Reply #6 on: February 27, 2019, 12:04:09 PM »
In other words pack a lunch and change of clothes

I'd suggest going much earlier than 3:00.  You may be in line at 2:30, but you may not make it to the window by 3:00.

I've seen them turn away a mother with a kid in a stroller saying come back the next day.  "Pissed" doesn't quite capture the mood.   :grrr:
 
Also, you have to move your car off Beretania if parked in front of the police station after 3:30. If you know you could be there later, you might want to choose another location to park.
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

changemyoil66

Re: Firearm registration questions
« Reply #7 on: February 27, 2019, 12:44:23 PM »
I'd suggest going much earlier than 3:00.  You may be in line at 2:30, but you may not make it to the window by 3:00.

I've seen them turn away a mother with a kid in a stroller saying come back the next day.  "Pissed" doesn't quite capture the mood.   :grrr:
 
Also, you have to move your car off Beretania if parked in front of the police station after 3:30. If you know you could be there later, you might want to choose another location to park.

As long as you're in line, HPD will service you.  But they do lock the doors before 3pm sometimes.  I've been in line and they locked the doors at 2:30.  So it's more like they want to go home by 3.

Flapp_Jackson

Re: Firearm registration questions
« Reply #8 on: February 27, 2019, 01:04:57 PM »
As long as you're in line, HPD will service you.  But they do lock the doors before 3pm sometimes.  I've been in line and they locked the doors at 2:30.  So it's more like they want to go home by 3.

Not sure that applies to out-of-state registrations, which is what the mother with the kid was trying to do.

HPD has to submit a request to NCIC for information on the firearm/s and wait for a response. That could take quite a while.  If they don't submit the request early enough, they can't ensure it'll come back by quitting time.

If you're in line to just apply for a permit or register a transferred gun, it's HPD's call. For out-of-state guns, I wouldn't risk it. All depends on how long the line is.
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