Possible violation of state law....? (Read 10029 times)

irishd

Possible violation of state law....?
« on: July 20, 2020, 03:21:59 AM »
In their efforts to slow gun sales and make it harder for law abiding citizens to obtain, register and use legally purchased  firearms, is the Honolulu Police Department violating state law HRS 0134-0003 by preventing / stalling the registration process as is required within 5 days?  and under what authority were they given to
circumvent this law? I'm sure they will use the "Covid-19" as a reason, but that still isn't justification to prevent persons who have legally obtained a firearm from doing what is mandated by law.  Thoughts on this matter....?

ren

Re: Possible violation of state law....?
« Reply #1 on: July 20, 2020, 08:45:39 AM »
the City and State have been using this pandemic to create their own rules for what ever reasons. Not only with our rights but they've been targeting businesses i.e. legal vacation rentals.
Most people don't care and are glad to follow rules; thus we have a govt. that is not afraid of the people. They will continue to strip our rights away
Deeds Not Words

groveler

Re: Possible violation of state law....?
« Reply #2 on: July 20, 2020, 11:00:21 AM »
the City and State have been using this pandemic to create their own rules for what ever reasons. Not only with our rights but they've been targeting businesses i.e. legal vacation rentals.
Most people don't care and are glad to follow rules; thus we have a govt. that is not afraid of the people. They will continue to strip our rights away
"Most people don't care and are glad to follow rules; thus we have a govt. that is not afraid of the people. They will continue to strip our rights away"

My rights were granted to me by a higher power, in my case, I call him God.
I do not violate any Constitutional Federal, State, or county law.
The biggest threat to my health, safety, and welfare is the governments
we created or support.  Government and their agents are a necessary
evil, but they are still evil.
This Mantra has served me well for almost 65 years.
I only follow their "rules" when forced to at "gunpoint".

Brystont1

Re: Possible violation of state law....?
« Reply #3 on: July 20, 2020, 11:07:45 AM »
the City and State have been using this pandemic to create their own rules for what ever reasons. Not only with our rights but they've been targeting businesses i.e. legal vacation rentals.
Most people don't care and are glad to follow rules; thus we have a govt. that is not afraid of the people. They will continue to strip our rights away

And once government gets a taste of this power they will never give it back. Can you imagine how long it would take for the US Supreme Court to over rule these unconstitutional laws? And that’s assuming that the Supreme Court justices will rule by the constitution. This country is done.

6716J

Re: Possible violation of state law....?
« Reply #4 on: July 21, 2020, 09:48:34 AM »
The registration period "has been suspended" by Ige's 8th Emergency Proclamation. But there is the caveat in that it is entirely at the sole discretion of the Chief. Which is legal fuck you speak for "if you good little slaves, we no bother you. You make a stink we come take'um and trow you in da kine place maybe tree-fo days"

Sections 134-3(a) and (b), HRS, registration, mandatory, exceptions, to
the extent necessary such that the chiefs of police of the counties, in their sole
discretion
, may suspend the deadline whereby a person must register a firearm
within five days after arrival in the State of the person or firearm, whichever
arrives later, and the deadline whereby a person acquiring a firearm pursuant to
section 134-2, HRS, must register the firearm within five days of acquisition.

Page 19
https://governor.hawaii.gov/wp-content/uploads/2020/05/2005088-ATG_Eighth-Supplementary-Proclamation-for-COVID-19-distribution-signed.pdf
I'd rather have a bottle in front of me, than a frontal lobotomy.

ren

Re: Possible violation of state law....?
« Reply #5 on: July 21, 2020, 11:31:06 AM »
it also created a power/authority for non-LE citizens to setup checkpoints
Deeds Not Words

aieahound

Re: Possible violation of state law....?
« Reply #6 on: July 21, 2020, 11:32:01 AM »
V. Suspension of Laws
The following laws are suspended, as allowed by federal law, pursuant to section 127A-13(a)(3), HRS, in order for county and state agencies to engage in emergency management functions as defined in section 127A-2, HRS:
...
Sections 134-3(a) and (b), HRS, registration, mandatory, exceptions, to the extent necessary such that the chiefs of police of the counties, in their sole discretion, may suspend the deadline whereby a person must register a firearm within five days after arrival in the State of the person or firearm, whichever arrives later, and the deadline whereby a person acquiring a firearm pursuant to section 134-2, HRS, must register the firearm within five days of acquisition.“

Do we even need to register firearms purchased during the emergency proclamation if the law is suspended, as allowed by federal law ?
 8)

What does suspended mean?
Law is not in effect during period of proclamation?
« Last Edit: July 21, 2020, 11:48:02 AM by aieahound »

RSN172

Re: Possible violation of state law....?
« Reply #7 on: July 21, 2020, 12:08:25 PM »
If someone went to a free state and bought a long gun manufactured before 1994, which is when the HI long gun reg went into effect (IIRC), from a private party who never reg it, how would anyone know if said person did not already own it prior to 1994 and therefore was not required to reg said firearm?  Of course all you young guys born after 1975 cannot use that excuse as you would have to be at least 18 years old in 1993.  This whole reg system is ineffective and punishes only the law abiding citizens like us.
Happily living in Puna

Flapp_Jackson

Re: Possible violation of state law....?
« Reply #8 on: July 21, 2020, 01:41:38 PM »
If someone went to a free state and bought a long gun manufactured before 1994, which is when the HI long gun reg went into effect (IIRC), from a private party who never reg it, how would anyone know if said person did not already own it prior to 1994 and therefore was not required to reg said firearm?  Of course all you young guys born after 1975 cannot use that excuse as you would have to be at least 18 years old in 1993.  This whole reg system is ineffective and punishes only the law abiding citizens like us.

1968 was the first time federal law set down an age limit for buying guns from an FFL:  18 for long guns and 21 for handguns.  There was no age minimum for owning or possessing a firearm, so private transfers to minors was still legal.

"In 1994, the Violent Crime Control and Law Enforcement Act doubled down on the inconsistencies in gun purchasing age limits. This law said that you had to be 18 to possess or buy a handgun, while still leaving in effect the 1968 law’s stipulation that licensed dealers could only sell handguns to persons 21 and over."  This is why there's a weird inconsistency in the laws, as some pointed out in Hawaii's law, too, before it was recently changed.  When buying a handgun from an FFL, you had to be 21 per the 1968 gun laws.  But, you could buy at a gun show or from a friend at age 18 per the 1994 law.  HI's law focused on permits for age 21, and registrations for age 18.  Totally inconsistent until changed.

Still, the 1994 law did not set a minimum age for buying or owning a long gun.  That's federal law, and since Hawaii seems to have copied federal law for the most part through at least the Assault Weapons Ban in 1994, I would have to guess the same existed at that time.

If anyone here remembers specifically when the age limits for long guns were created in HI law, or has done the research, it would answer the question.

If our laws aligned with federal, then long guns acquired prior to 1994 can be grandfathered with regards to registration regardless of how old you were before then.  If a handgun, same thing if it was acquired in a private transaction.

Big "if".   :geekdanc:

https://www.history.com/news/gun-age-limits-history
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

RSN172

Re: Possible violation of state law....?
« Reply #9 on: July 21, 2020, 05:47:24 PM »
Yeah, and I foolishly sold my 20 gauge, 22LR, 270 WIN, 30-06, 7MM MAUSER, 7MM REM MAG and 30-30 WIN all purchased in the 1960s, after I graduated from high school in '68 and moved to Oahu.  I owned all those guns while still in high school.  I have regretted it for decades, ever since 1994.
Happily living in Puna

eyeeatingfish

Re: Possible violation of state law....?
« Reply #10 on: July 24, 2020, 10:06:28 PM »
In their efforts to slow gun sales and make it harder for law abiding citizens to obtain, register and use legally purchased  firearms, is the Honolulu Police Department violating state law HRS 0134-0003 by preventing / stalling the registration process as is required within 5 days?  and under what authority were they given to
circumvent this law? I'm sure they will use the "Covid-19" as a reason, but that still isn't justification to prevent persons who have legally obtained a firearm from doing what is mandated by law.  Thoughts on this matter....?


Laws cannot be written so as to fully accommodate every situation that may arise. Situations arise where business cannot be done as normal and you have to improvise.

Quite frankly if they give us this extra time to register our firearms I am not going to complain. They aren't targeting anyone for failure to register firearms.

Flapp_Jackson

Re: Possible violation of state law....?
« Reply #11 on: July 24, 2020, 10:15:52 PM »
Laws cannot be written so as to fully accommodate every situation that may arise. Situations arise where business cannot be done as normal and you have to improvise.

Quite frankly if they give us this extra time to register our firearms I am not going to complain. They aren't targeting anyone for failure to register firearms.

Wrong.

Instead of creating a bottleneck (HPD gun permit & registration process) that can prevent the legal acquisition of firearms in cases such as the pandemic shutdown, those laws can be rewritten to allow background checks at the point of sale and completely eliminate gun registration.

It's not hard to write laws that accommodate every situation.  Just don't write draconian laws that serve no legitimate purpose.

Super easy -- barely an inconvenience.   :geekdanc: :thumbsup:
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

Brystont1

Re: Possible violation of state law....?
« Reply #12 on: July 25, 2020, 06:20:49 AM »
Laws cannot be written so as to fully accommodate every situation that may arise. Situations arise where business cannot be done as normal and you have to improvise.

Quite frankly if they give us this extra time to register our firearms I am not going to complain. They aren't targeting anyone for failure to register firearms.

The state should not be in the “business” of gun sales. Your thoughts on the topic are the reason hawaiis gun laws are the way they are. I can’t even sign up for an appointment for a permit to acquire.

groveler

Re: Possible violation of state law....?
« Reply #13 on: July 25, 2020, 11:14:43 AM »
The state should not be in the “business” of gun sales. Your thoughts on the topic are the reason hawaiis gun laws are the way they are. I can’t even sign up for an appointment for a permit to acquire.
There are two economies in the world.
I'd explore the other one, where you don't
pay the GET or fill out forms.
You will have legally acquired, but
they won't allow you to register.
Then the time is on their nickle
not yours.
A law that can not be followed cannot
be prosecuted,  just yet in America.

Think outside the box.
Think outside of Hawaii.
Big world out there.

eyeeatingfish

Re: Possible violation of state law....?
« Reply #14 on: July 25, 2020, 09:16:48 PM »
Wrong.

Instead of creating a bottleneck (HPD gun permit & registration process) that can prevent the legal acquisition of firearms in cases such as the pandemic shutdown, those laws can be rewritten to allow background checks at the point of sale and completely eliminate gun registration.

It's not hard to write laws that accommodate every situation.  Just don't write draconian laws that serve no legitimate purpose.

Super easy -- barely an inconvenience.   :geekdanc: :thumbsup:

Ok, lets write section 134 so that each and every law in it will encompass anything and everything that could ever happen. Police station burns down, aliens attack, a pandemic happens, a tsunami happens, etc etc.

They are doing what they can based on what the situation is giving them. They could pack people in a line like usual but then they would be violating covid19 orders. Is it perfect? No, of course not, they had to rush it into place but all things considering I think the system is actually quite decent. The reservation system is nice so you don't have to stand in line for 2 hours and they are giving us extra leeway in registering our firearms. Usually people complain when government makes it harder to register firearms but you are complaining that they made it easier.

eyeeatingfish

Re: Possible violation of state law....?
« Reply #15 on: July 25, 2020, 09:18:17 PM »
The state should not be in the “business” of gun sales. Your thoughts on the topic are the reason hawaiis gun laws are the way they are. I can’t even sign up for an appointment for a permit to acquire.

The state isn't in the business of gun sales unless I missed something. Did I miss HPD's last gun sale?

Why can't you sign up for an appointment for a permit to acquire?

Brystont1

Re: Possible violation of state law....?
« Reply #16 on: July 25, 2020, 09:28:22 PM »
The state isn't in the business of gun sales unless I missed something. Did I miss HPD's last gun sale?

Why can't you sign up for an appointment for a permit to acquire?

I cannot purchase a firearm without the state saying I can, I consider that to be a part of the business.

Go on the website and try to make an appointment for permit to acquire you’ll see what I mean.

Flapp_Jackson

Re: Possible violation of state law....?
« Reply #17 on: July 25, 2020, 11:20:35 PM »
Ok, lets write section 134 so that each and every law in it will encompass anything and everything that could ever happen. Police station burns down, aliens attack, a pandemic happens, a tsunami happens, etc etc.

They are doing what they can based on what the situation is giving them. They could pack people in a line like usual but then they would be violating covid19 orders. Is it perfect? No, of course not, they had to rush it into place but all things considering I think the system is actually quite decent. The reservation system is nice so you don't have to stand in line for 2 hours and they are giving us extra leeway in registering our firearms. Usually people complain when government makes it harder to register firearms but you are complaining that they made it easier.

Why are you so immature?  You offered nothing more than a tantrum.

Go take a time-out.  Maybe you'll think of something more productive to offer.

The "situation" given to them?  Did you MISS the press conference where the POLICE DEPARTMENT is pushing for even more gun control laws?

"Given to them".  LOL!! Right!!   :rofl: :rofl: :rofl:
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

Flapp_Jackson

Re: Possible violation of state law....?
« Reply #18 on: July 25, 2020, 11:27:03 PM »
Ok, lets write section 134 so that each and every law in it will encompass anything and everything that could ever happen. Police station burns down, aliens attack, a pandemic happens, a tsunami happens, etc etc.

They are doing what they can based on what the situation is giving them. They could pack people in a line like usual but then they would be violating covid19 orders. Is it perfect? No, of course not, they had to rush it into place but all things considering I think the system is actually quite decent. The reservation system is nice so you don't have to stand in line for 2 hours and they are giving us extra leeway in registering our firearms. Usually people complain when government makes it harder to register firearms but you are complaining that they made it easier.

Easier?  LOL!

Is it really "easier" when you have to wait 3 months to get an appoint to APPLY for a permit and 2 week wait while the firearm sits in the FFL's safe and your credit card or bank account has already been debited the purchase price?

Easier for the Cops -- not for the gun buyer.  I'd rather waste 3 hours in line and get my permit 2 weeks after paying for the gun than have to wait 3 months to apply plus wait another 2 weeks.  You do know you have to pay for the gun before applying for a handgun permit, right?

Critical thinking.   :wacko:
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

eyeeatingfish

Re: Possible violation of state law....?
« Reply #19 on: July 29, 2020, 09:58:50 PM »
Easier?  LOL!

Is it really "easier" when you have to wait 3 months to get an appoint to APPLY for a permit and 2 week wait while the firearm sits in the FFL's safe and your credit card or bank account has already been debited the purchase price?

Easier for the Cops -- not for the gun buyer.  I'd rather waste 3 hours in line and get my permit 2 weeks after paying for the gun than have to wait 3 months to apply plus wait another 2 weeks.  You do know you have to pay for the gun before applying for a handgun permit, right?

Critical thinking.   :wacko:

Easier when you are supposed to register within 5 days and they give you 3 months.  :thumbsup: