Long story short, it is against regulation for mental health providers to give this memo that hpd requires. They took my stuff the second I attempted to register them in November and I'm at a loss. I brought in medical records proving I am capable of owning a firearm, hell I went to the range with my unit since then but apparently that doesn't matter. Anyone got suggestions? I would really like to get my stuff back.

it is my understanding that if there is no reply to the HPD request, then there is no denial by the person's health provider, therefore there is no grounds to deny by HPD and you are good to go
did your health provider give records to HPD?

Long story short, it is against regulation for mental health providers to give this memo that hpd requires. They took my stuff the second I attempted to register them in November and I'm at a loss. I brought in medical records proving I am capable of owning a firearm, hell I went to the range with my unit since then but apparently that doesn't matter. Anyone got suggestions? I would really like to get my stuff back.

Wait?... They confiscated your firearms? At time of registration? Did they provide you with a written notice of why you are prohibited? They are required to by law.
1st question: What were you registering? If any assault pistol, yes they will take, they are against the law unless in conformance with HRS 134-8
2nd question: Do you have a prior mental health issue or domestic problem (pre-military) that would show up in a BG check? Any form sent to the doctor listed on the form would take longer than the 5 minutes it actually takes to run the check.

If it was not yes to Q1 or Q2, then you need to get an attorney. That will pretty much be the only way you get them back. Make sure you have your receipt. They did give you one and you kept it, right?

read this on Mental Health relief https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0006_0005.htm

On disqualification and seizure (seems like you were not given the option of the "OR")

§134-7.3  Seizure of firearms upon disqualification. 

     (a)  If any applicant is denied a permit, the chiefs of police of the respective counties shall send, by certified mail, a notice setting forth the reasons for the denial and may require that the applicant voluntarily surrender all firearms and ammunition to the chief of police where the applicant resides or dispose of all firearms and ammunition.  If an applicant fails to voluntarily surrender or dispose of all firearms and ammunition within thirty days from the date notice was mailed, the chief of police may seize all firearms and ammunition.

     (b)  Any person disqualified from ownership, possession, or control of firearms and ammunition under section 134-7 or part IV, within forty-eight hours of disqualification, shall voluntarily surrender all firearms and ammunition to the chief of police where the person resides or dispose of all firearms and ammunition.  If any person fails to voluntarily surrender or dispose of all firearms and ammunition within forty-eight hours from the date of disqualification, the chief of police may seize all firearms and ammunition.

     (c)  For any person disqualified from ownership, possession, or control of firearms and ammunition under section 134-7(c), or because the person has been admitted to a psychiatric facility, whether for emergency or involuntary hospitalization, pursuant to part IV of chapter 334, once the chief of police is notified that the person is disqualified, the chief of police shall promptly issue a notice to the disqualified person to immediately surrender all firearms and ammunition.  The notice shall be in writing, shall set forth the reasons for the disqualification, and shall state the requirement that the person immediately surrender all firearms and ammunition to the chief of police.  If any person fails to voluntarily surrender all firearms and ammunition upon receiving notice, the chief of police may seize all firearms and ammunition.  The firearms and ammunition shall be held in police custody until the person has been medically documented to be no longer adversely affected as provided in section 134-7 or until transferred or sold by the owner.  Nothing in this subsection shall be construed to limit the duties imposed by subsection (b).

     (d)  For the purposes of this section, "dispose" means selling the firearms to a gun dealer licensed under section 134‑31, transferring ownership of the firearms to any person who meets the requirements of section 134-2, or surrendering all firearms to the chief of police where the person resides for storage or disposal; provided that, for a person subject to section 134-7(f) or part IV, "dispose" shall not include transferring ownership of the firearms to any person who meets the requirements of section 134-2. (my note: you could've sent them back to the mainland to yourself as allowed by law, or sent to a family member who can pass the background check because that is a transfer)

     (e)  The chief of police of the respective counties shall adopt procedures to implement and administer the provisions of this section by December 31, 2001. [L 2000, c 127, §1; am L 2004, c 4, §2; am L 2016, c 110, §2; am L 2018, c 158, §1; am L 2019, c 150, §4]

it is my understanding that if there is no reply to the HPD request, then there is no denial by the person's health provider, therefore there is no grounds to deny by HPD and you are good to go
did your health provider give records to HPD?

Another problem is HPD will also deny permits if they receive a  "cannot make a determination" letter by the doctor.  So if the military did this then that's probably what led to the confiscation.

If the military sent nothing, then HPD should just give you the permit and allow registration of the firearms

Probably need an attorney.  You could request the military lawyers assistance since it affects the whole military.

Hawaii hates the military.


Signed, military member and former occupant of space on Oahu.

Sent from my SM-N975U using Tapatalk

Unless you're on flight status and required to see only a flight surgeon, or happen to be in some rare high risk job that prohibits civilian medical care, there's nothing stopping you from going the same route almost every other gun owner in your position finds himself.

Take your medical records to a healthcare provider outside the military "network" and pay out-of-pocket for a consultation.  That doctor can sign the waiver for you.

Doesn't seem like anything new here.

Hawaii hates the military.


Signed, military member and former occupant of space on Oahu.

Sent from my SM-N975U using Tapatalk

How's the land of freedom treating you these days?

......lurker....

My own personal range, carry everywhere, don't need to register anything except NFA.

Which I have a few of now.

Loving it!

I see life behind enemy lines is getting worse.

Sent from my SM-N975U using Tapatalk

I was sitting in the firearms room a while back and overheard a guy applying for permit and he had a question about the health insurance part
cop at the window asks him, "what insurance you got?"
guy answers, "VA"
cop says, "you're good then, only need worry if you got Kaiser or straub, VA is no problem"
so I just assumed that the VA does not respond, so everyone is good from VA
I know, not good to assume, but that's what I heard just sitting there

the PD here on the big island like to make up there own rules and I had to clear a patient who did not have any mental health history and the PD just told him they wanted him to get mental health clearance.   They use it as a way to deny rights because no one here is going to hire a lawyer and fight it.  That is, until I showed up.   

If you cant find a physician where you are and dont mind flying to the Big Island I can clear you. 

If you are up for it, call second amendment foundation or the GOA and get them to file a lawsuit on your behalf.   We need them doing more work here.

also see if the military doctor will put this statement on a letter for you.  it does not need to say anything else.   They dont have to say anything about firearms or specific conditions.   Just a letter on their letterhead with their license number with this one sentence. 

"<name> is no longer adversely affected by the addiction, abuse, dependence, mental disease, disorder or defect.  "