troubles registering a built lower? (Read 11375 times)

stangzilla

troubles registering a built lower?
« on: March 02, 2020, 10:46:34 AM »
saw recently on HRA page of FB a guy having problems registering a built lower, and a P80 handgun, but my question is about the built lower
I've registered built lowers before no problem.  but this guy recently had a big problems registering it.  HPD said he needed the barrel for it to be registered.  he said if it were a stripped lower, no problem
is this something new to HPD? 
I would rather it be registered as a lower, not a rifle.
anyone have any insight?

Drakiir84

Re: troubles registering a built lower?
« Reply #1 on: March 02, 2020, 11:02:52 AM »
saw recently on HRA page of FB a guy having problems registering a built lower, and a P80 handgun, but my question is about the built lower
I've registered built lowers before no problem.  but this guy recently had a big problems registering it.  HPD said he needed the barrel for it to be registered.  he said if it were a stripped lower, no problem
is this something new to HPD? 
I would rather it be registered as a lower, not a rifle.
anyone have any insight?

It was just HPD making up their own rules again.  They refused to register the lower alone because it was sold as a complete rifle.  If you built it from a stripped lower or it was imported just as a lower and not a "complete rifle" then you won't have any issue.
"The rifle is a weapon. Let there be no mistake about that. It is a tool of power, and thus dependent completely upon the moral stature of its user. It is equally useful in securing meat for the table, destroying group enemies on the battlefield, and resisting tyranny. In fact, it is the only means of resisting tyranny, since a citizenry armed with rifles simply cannot be tyrannized."
-Jeff Cooper

stangzilla

Re: troubles registering a built lower?
« Reply #2 on: March 02, 2020, 11:08:48 AM »
do they check the old registration when its sold to someone else?

Drakiir84

Re: troubles registering a built lower?
« Reply #3 on: March 02, 2020, 11:10:57 AM »
do they check the old registration when its sold to someone else?

I don't know what the idiots in the firearms division do other than disregard the law, I have never turned in my registration when selling firearms.  I simply send a notification letter saying "I don't have this gun anymore, this is who I sold it to" since they don't "unregister" guns.
"The rifle is a weapon. Let there be no mistake about that. It is a tool of power, and thus dependent completely upon the moral stature of its user. It is equally useful in securing meat for the table, destroying group enemies on the battlefield, and resisting tyranny. In fact, it is the only means of resisting tyranny, since a citizenry armed with rifles simply cannot be tyrannized."
-Jeff Cooper

Flapp_Jackson

Re: troubles registering a built lower?
« Reply #4 on: March 02, 2020, 11:17:47 AM »
Thinking out loud here...

The only way HPD could know, other than the buyer telling them, that the firearm was sold as a complete rifle is if the purchase was made at an FFL.  Then, the FFL paperwork and receipt should say it was a rifle, not just a receiver.

If this was a private sale, HPD should have no idea whether you bought the entire rifle or just the receiver, unless the buyer tells them -- either verbally or by presenting a bill of sale that states the rifle was complete.

I don't think a bill of sale is required for transferring a firearm.  As long as you have the info needed to complete the registration, no bill of sale should be needed.

I know some have registered just the receiver in the past as a convenience.  Easier to carry around a receiver than the entire firearm in a case. 

If there's paperwork showing the barrel length from either the FFL or a previous registration, HPD should just use that info.  No need to see the barrel. 

What would they do if you told them you sold the upper?  Uppers are not registered or controlled in any way.
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: troubles registering a built lower?
« Reply #5 on: March 02, 2020, 11:19:05 AM »
It comes down to who you get at the window.  The law does not state that 1 must bring in a complete rifle to register.  The lower is the firearm.  Whether it has a trigger or not, this is the part that is serialized.

It's lack of consistency for following the law.  Then add on to that the attitude of  "don't question my authority" and they will look for things to give you a hard time about if you ever correct them, or tell them they are wrong.

Many guys, including the vid you saw are told to bring the whole rifle.  Many guys are told to come back once the lower rifle is complete so HPD can see it.  None of these are written as law.  On the other hand, many people have registered just a lower and P80s with no issues.

I had an issue when applying for my CCW.  I was told I cannot even apply.  I told the cop I can, but I will get denied, but I can still apply.  He said only LE or military can apply.  I was about to show him the law when another cop walked in and told him that I can apply.  After that he was all buddy buddy with me.  But had that 2nd cop not arrived, things might have escalated. He was starting to increase the level of being a prick to me.

tillamook

Re: troubles registering a built lower?
« Reply #6 on: March 02, 2020, 11:59:30 AM »
how are these guys going to register a million magazines?

6716J

Re: troubles registering a built lower?
« Reply #7 on: March 02, 2020, 12:04:58 PM »
how are these guys going to register a million magazines?

*Stands in line waiting....forever*
I'd rather have a bottle in front of me, than a frontal lobotomy.

changemyoil66

Re: troubles registering a built lower?
« Reply #8 on: March 02, 2020, 12:38:56 PM »
how are these guys going to register a million magazines?

That portion was removed from the senate bill, and the house bill has no grandfather clause.

Reg can be added in at any point though.

changemyoil66

Re: troubles registering a built lower?
« Reply #9 on: March 02, 2020, 12:39:23 PM »
*Stands in line waiting....forever*

Don't forget if the ammo ban passes, we will have to update our reg to reflect the 64 different calibers an AR can fire.

aieahound

Re: troubles registering a built lower?
« Reply #10 on: March 02, 2020, 03:51:36 PM »
I hope I lucked out.
I have 1 Black Rain lower registered as caliber: Multiple.
Says it on the lower.
Registered just the lower.
Hope it works because I have a 7.62 x 39 upper on one.

They should make all lowers that way.

Shouldn’t have a problem registering lower only. All my AR registrations say receiver only.
Never took an Upper once.
When they come to confiscate, that’s what they’ll get. Receiver only.

eyeeatingfish

Re: troubles registering a built lower?
« Reply #11 on: March 03, 2020, 09:32:33 PM »
They can't require you to have an upper. They could ask and press on the issue but if one stands firm and says Ï only have a lower" then they have to accept it. You might have sold the upper, it might have broken so you threw it away, you might have bought just the lower. They can't prevent you from registering it as far as I can see because you are required to register firearms and the lower is the firearm (at least by the federal standard.)

On second thought,
I would have the check the state definition of firearm again but if HPD did get guidance from the attorney general that a firearm is the upper and lower then well maybe they could require an upper but it would be messy for sure.

ren

Re: troubles registering a built lower?
« Reply #12 on: March 03, 2020, 09:54:06 PM »
this is my lower #GhostGun
« Last Edit: March 03, 2020, 10:00:26 PM by ren »
Deeds Not Words

aieahound

Re: troubles registering a built lower?
« Reply #13 on: March 03, 2020, 09:56:37 PM »
Looks like a safety.

Dammit! Can’t see the ghost gun.
Is that why they’re so afraid of ‘ em?
.:D
« Last Edit: March 04, 2020, 05:03:09 PM by aieahound »

Drakiir84

Re: troubles registering a built lower?
« Reply #14 on: March 04, 2020, 08:00:58 AM »
They can't require you to have an upper. They could ask and press on the issue but if one stands firm and says Ï only have a lower" then they have to accept it. You might have sold the upper, it might have broken so you threw it away, you might have bought just the lower. They can't prevent you from registering it as far as I can see because you are required to register firearms and the lower is the firearm (at least by the federal standard.)

On second thought,
I would have the check the state definition of firearm again but if HPD did get guidance from the attorney general that a firearm is the upper and lower then well maybe they could require an upper but it would be messy for sure.

They REFUSED to accept my lower and forced me to go home and bring my upper.  Told me that I had 5 days to register the complete rifle and if I didn't I'd be breaking the law.  They don't care about the law.  The cocksucker sergeant in charge of the firearms division that morning said as much.  He literally said "fuck the ATF, this is Hawaii" and refused to follow the letter of the law described in HRS 134.  Fuck HPD and the small dick bullies that work for them.  They can come confiscate my 30 round magazines 1 round at a time.
"The rifle is a weapon. Let there be no mistake about that. It is a tool of power, and thus dependent completely upon the moral stature of its user. It is equally useful in securing meat for the table, destroying group enemies on the battlefield, and resisting tyranny. In fact, it is the only means of resisting tyranny, since a citizenry armed with rifles simply cannot be tyrannized."
-Jeff Cooper

WTF?Shane

Re: troubles registering a built lower?
« Reply #15 on: March 04, 2020, 08:19:23 AM »
They REFUSED to accept my lower and forced me to go home and bring my upper.  Told me that I had 5 days to register the complete rifle and if I didn't I'd be breaking the law.  They don't care about the law.  The cocksucker sergeant in charge of the firearms division that morning said as much.  He literally said "fuck the ATF, this is Hawaii" and refused to follow the letter of the law described in HRS 134.  Fuck HPD and the small dick bullies that work for them.  They can come confiscate my 30 round magazines 1 round at a time.

Was this a 80% build, or transfer as a lower or complete rifle?

Did you go full Karen on them and ask to see the supervisor?

tillamook

Re: troubles registering a built lower?
« Reply #16 on: March 04, 2020, 08:31:18 AM »
They REFUSED to accept my lower and forced me to go home and bring my upper.  Told me that I had 5 days to register the complete rifle and if I didn't I'd be breaking the law.  They don't care about the law.  The cocksucker sergeant in charge of the firearms division that morning said as much.  He literally said "fuck the ATF, this is Hawaii" and refused to follow the letter of the law described in HRS 134.  Fuck HPD and the small dick bullies that work for them.  They can come confiscate my 30 round magazines 1 round at a time.

Do you have the name of that sergent?

spicynoodle_1

Re: troubles registering a built lower?
« Reply #17 on: March 04, 2020, 04:23:51 PM »

Shouldn’t have a problem registering lower only. All my AR registrations say receiver only.
Never took an Upper once.
When they come to confiscate, that’s what they’ll get. Receiver only.

I have never taken in my uppers either. Never had to specify what barrel length, or even what I plan on doing with these lowers. Had one guy tell me to bring it back when I pau the build. Never did. You dont have to. It really does depend who is at the window.

And when they come to confiscate, they'll get "Everything was stolen." Then they'll say, "Why didn't you report it?" Then I'll say, "I'm reporting it right now." Then they'll say, "You're supposed to report it as soon as you find out." Then I'll say, "I just found out now, when I opened the safe for you to unconstitutionally deprive me of my right to bear arms..."

eyeeatingfish

Re: troubles registering a built lower?
« Reply #18 on: March 04, 2020, 08:44:56 PM »
They REFUSED to accept my lower and forced me to go home and bring my upper.  Told me that I had 5 days to register the complete rifle and if I didn't I'd be breaking the law.  They don't care about the law.  The cocksucker sergeant in charge of the firearms division that morning said as much.  He literally said "fuck the ATF, this is Hawaii" and refused to follow the letter of the law described in HRS 134.  Fuck HPD and the small dick bullies that work for them.  They can come confiscate my 30 round magazines 1 round at a time.

I wonder what he would have said if you told him you don't own an upper yet? I also wonder if this is a new policy because I have heard before people registering lowers just fine.

I went and checked the Hawaii law that defines firearms.
https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0001.htm

""Firearm" means any weapon, for which the operating force is an explosive, including but not limited to pistols, revolvers, rifles, shotguns, automatic firearms, noxious gas projectors, mortars, bombs, and cannon."


According to state law the sergeant is partially correct, they don't have to follow ATF definitions.

However the rest of what he is saying appears to be an interpretation of Hawaii's legal definition which really doesn't do enough to address the issue of what constitutes a firearm. This type of issue may force them to redefine what a firearm is because right now the law is just too vague to deal with situations like an upper and lower.

Now this is just my own interpretation but as I read the definition, it would seem the upper and lower would both be needed to become a firearm since neither by itself would operate by explosive alone.

changemyoil66

Re: troubles registering a built lower?
« Reply #19 on: March 04, 2020, 09:21:50 PM »
I wonder what he would have said if you told him you don't own an upper yet? I also wonder if this is a new policy because I have heard before people registering lowers just fine.

I went and checked the Hawaii law that defines firearms.
https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0001.htm

""Firearm" means any weapon, for which the operating force is an explosive, including but not limited to pistols, revolvers, rifles, shotguns, automatic firearms, noxious gas projectors, mortars, bombs, and cannon."


According to state law the sergeant is partially correct, they don't have to follow ATF definitions.

However the rest of what he is saying appears to be an interpretation of Hawaii's legal definition which really doesn't do enough to address the issue of what constitutes a firearm. This type of issue may force them to redefine what a firearm is because right now the law is just too vague to deal with situations like an upper and lower.

Now this is just my own interpretation but as I read the definition, it would seem the upper and lower would both be needed to become a firearm since neither by itself would operate by explosive alone.
It isn't a new policy. Its a cop refusing to admit he was wrong. Happens all the time and we pay for it.

All depends who u get at the window.

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