Gun Registration @ HPD (Read 28377 times)

6716J

Re: Gun Registration @ HPD
« Reply #20 on: August 27, 2021, 01:51:09 PM »
Doesn't matter, the law is the law. Al it takes is an over zealous prosecutor who wants to make a name for themselves.  In the mean time say HPD finds the gun in your home.  You get arrested and have to post bail.  Hopefully you don't miss work while you're trying to bail.  Then you need to hire an attorney and have that person prove that there were circumstances that led to you to not registering the gun.  Then the judge would have to feel the same way and rule in  your favor.  I say feel because per the law, it was unreg, thus illegal regardless of "how difficult life was made" for you.

So take what they guy at the window said with a grain of salt, because he isn't the one who will show up at your home. 

The question that I don't have the answer to is that the last proc about this was #21. Ige's newest proc isn't #22, but instead has a different title to it.  So does this new proc replace or add too the #21 proc?  I'm leaning toward replacing because it does mention the same HRS that have been suspended (excluding HRS134).  If it was an add on, it wouldn't mention the same HRS's.

Steve Alm....
I'd rather have a bottle in front of me, than a frontal lobotomy.

Flapp_Jackson

Re: Gun Registration @ HPD
« Reply #21 on: August 27, 2021, 02:26:34 PM »
Doesn't matter, the law is the law. Al it takes is an over zealous prosecutor who wants to make a name for themselves.  In the mean time say HPD finds the gun in your home.  You get arrested and have to post bail.  Hopefully you don't miss work while you're trying to bail.  Then you need to hire an attorney and have that person prove that there were circumstances that led to you to not registering the gun.  Then the judge would have to feel the same way and rule in  your favor.  I say feel because per the law, it was unreg, thus illegal regardless of "how difficult life was made" for you.

So take what they guy at the window said with a grain of salt, because he isn't the one who will show up at your home. 

The question that I don't have the answer to is that the last proc about this was #21. Ige's newest proc isn't #22, but instead has a different title to it.  So does this new proc replace or add too the #21 proc?  I'm leaning toward replacing because it does mention the same HRS that have been suspended (excluding HRS134).  If it was an add on, it wouldn't mention the same HRS's.

You probably won't be going to jail for having an unregistered firearm as the sole charge unless you're a repeat offender.  If the HPD processing policies were the primary cause, you'll likely be let off with community service or less.

"(b)  Any person who violates section 134-3(a) shall be guilty of a petty misdemeanor."

"§134-3  Registration, mandatory, exceptions.  (a)  Every resident or other 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."

Petty Misdemeanor:  A petty misdemeanor is the least serious type of criminal offense in Hawaii, punishable by up to 30 days in jail and a fine of up to $1,000. (Haw. Rev. Stat. § § 706-640, 706-663.) For example, an assault (injury to another) that occurs during a fight or scuffle that the victim willingly entered into is punishable as a petty misdemeanor.

If you're not prohibited from owning a firearm, registration is an administrative oversight, not an actual crime (who was the victim?). 

BTW, if you ARE prohibited from owning a gun, you can't be charged with failure to register under the 5th Amendment to the Constitution.  So there's that, too.
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

DEROS

Re: Gun Registration @ HPD
« Reply #22 on: August 27, 2021, 02:30:39 PM »
27 Aug, Registration and PTA wasn't very busy today.  There was a couple of people that came in after 8am and they were given, 1130 and 1140 time slots..  One person was asking about the PTA and the officer pointed him to the other side and said that there was no one waiting in line.

Just guessing but after 3 weeks of walk ins, HPD may have taken care of all the people that bought a gun but had to wait to apply for a PTA or had a gun but need to register.  Now it is just people that is buying a new gun or new people coming into Hawaii with guns.

However, it could be just be slow Friday and no one wanted to wait in line to get into a line.

changemyoil66

Re: Gun Registration @ HPD
« Reply #23 on: August 27, 2021, 02:33:34 PM »
You probably won't be going to jail for having an unregistered firearm as the sole charge unless you're a repeat offender.  If the HPD processing policies were the primary cause, you'll likely be let off with community service or less.

"(b)  Any person who violates section 134-3(a) shall be guilty of a petty misdemeanor."

"§134-3  Registration, mandatory, exceptions.  (a)  Every resident or other 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."

Petty Misdemeanor:  A petty misdemeanor is the least serious type of criminal offense in Hawaii, punishable by up to 30 days in jail and a fine of up to $1,000. (Haw. Rev. Stat. § § 706-640, 706-663.) For example, an assault (injury to another) that occurs during a fight or scuffle that the victim willingly entered into is punishable as a petty misdemeanor.

If you're not prohibited from owning a firearm, registration is an administrative oversight, not an actual crime (who was the victim?). 

BTW, if you ARE prohibited from owning a gun, you can't be charged with failure to register under the 5th Amendment to the Constitution.  So there's that, too.

You're probably right, but all depends.  So people are taking a risk.   And would you get the guns back or allowed to purchase more?  Had the recent Roa v.C&C  case that was won.  He had a misdemeanor (disorderly conduct) and denied getting his guns back .  And a TRO that was lifted due to lack of evidence.  Luckily his case was won, but a year later only after his attorneys got involved.

Flapp_Jackson

Re: Gun Registration @ HPD
« Reply #24 on: August 27, 2021, 02:46:44 PM »
You're probably right, but all depends.  So people are taking a risk.   And would you get the guns back or allowed to purchase more?  Had the recent Roa v.C&C  case that was won.  He had a misdemeanor (disorderly conduct) and denied getting his guns back .  And a TRO that was lifted due to lack of evidence.  Luckily his case was won, but a year later only after his attorneys got involved.

If the misdemeanor was related to domestic abuse, then that's grounds for gun prohibition.

From ATF Form 4473:

-  Have you ever been convicted in any court of a misdemeanor crime of domestic violence, or are you or have you ever been a member of
the military and been convicted of a crime that included, as an element, the use of force against a person as identified in the instructions?

Ordinarily, you have to be currently charged, or convicted, of a felony to be prohibited.  Certain misdemeanors were added as time progressed based on how violent the crimes were.
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

omnigun

Re: Gun Registration @ HPD
« Reply #25 on: August 27, 2021, 02:49:53 PM »
Steve Alm....

Glad he got brought back to earth for his dymbass decision.  Don't think he will make that mistake again.

QUIETShooter

Re: Gun Registration @ HPD
« Reply #26 on: August 27, 2021, 03:01:25 PM »
I went at 1:30 today to register and asked nicely if there are any time slots available but the officer said no.  He told me come monday morning.

I going try.  Monday would be my 3rd day of the 5 day registration period.

Does HPD give leeway for trying?  Not sure if I can come early monday.

Oh well.  Gotta keep trying.

What else can do?
Sometimes you gotta know when to save your bullets.

Flapp_Jackson

Re: Gun Registration @ HPD
« Reply #27 on: August 27, 2021, 03:05:03 PM »
I went at 1:30 today to register and asked nicely if there are any time slots available but the officer said no.  He told me come monday morning.

I going try.  Monday would be my 3rd day of the 5 day registration period.

Does HPD give leeway for trying?  Not sure if I can come early monday.

Oh well.  Gotta keep trying.

What else can do?

Ask if the 5-day registration period is being enforced, or if the COVID proclamation that waived it is still being followed.

 :shaka:
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

QUIETShooter

Re: Gun Registration @ HPD
« Reply #28 on: August 27, 2021, 05:51:09 PM »
Ask if the 5-day registration period is being enforced, or if the COVID proclamation that waived it is still being followed.

 :shaka:

I should have asked today.  Of course I never thought of it until I got back home.  Definitely will ask if next week if I get cut off again.
Sometimes you gotta know when to save your bullets.

QUIETShooter

Re: Gun Registration @ HPD
« Reply #29 on: August 30, 2021, 06:45:06 AM »
Well, I’m number 7 in line today.  I came about 5:40.  I would have been number 3 but had to go back to the car because I forgot to put on da you know what..... :grrr:
Sometimes you gotta know when to save your bullets.

hilokane

Re: Gun Registration @ HPD
« Reply #30 on: August 30, 2021, 06:46:10 AM »
Registration line is half way to the elevator 0645am

QUIETShooter

Re: Gun Registration @ HPD
« Reply #31 on: August 30, 2021, 07:07:00 AM »
7th in line got me 9:30 time slot.  There seems to be about 17 people behind me at 7:06
Sometimes you gotta know when to save your bullets.

QUIETShooter

Re: Gun Registration @ HPD
« Reply #32 on: August 30, 2021, 07:11:22 AM »
7:11 am.   Line all gone.!
Sometimes you gotta know when to save your bullets.

hilokane

Re: Gun Registration @ HPD
« Reply #33 on: August 30, 2021, 08:20:07 AM »
2nd to last in line and got 1050

changemyoil66

Re: Gun Registration @ HPD
« Reply #34 on: August 30, 2021, 10:05:41 AM »
Thanks for the update. Wonder what happens if someone walks in at 1pm.

hilokane

Re: Gun Registration @ HPD
« Reply #35 on: August 30, 2021, 10:49:50 AM »
Just left and when I asked about Ige's proclamation the officer said it's still valid but to just try and get it done as soon as possible. I heard people asking if they could walk in and they said maybe late afternoon but not for sure.

QUIETShooter

Re: Gun Registration @ HPD
« Reply #36 on: August 30, 2021, 12:12:36 PM »
I tried last Friday to register.  I showed up around 1:30.  Officer said they full. 

I dunno.  I managed to register today.  I had a 9:20 slot but noticed the guy in front of me was walking out of the door a few minutes before 9:00.  He had a 9:10 slot.

So I stood in line and sure enough nobody inside and the officer waved me in.  It was only 9:11.

So I figure they bound to take care of everyone prior to 4 pm if everything goes the way it was going.  They should be able to take a few more show-ups.

But that's entirely up to them.  I have a feeling they could of took me last Friday.  But maybe not.  Or they just wanted to pack up and go home on time.



Sometimes you gotta know when to save your bullets.

OctopusEater

Re: Gun Registration @ HPD
« Reply #37 on: August 30, 2021, 03:08:11 PM »
I tried last Friday to register.  I showed up around 1:30.  Officer said they full. 

I dunno.  I managed to register today.  I had a 9:20 slot but noticed the guy in front of me was walking out of the door a few minutes before 9:00.  He had a 9:10 slot.

So I stood in line and sure enough nobody inside and the officer waved me in.  It was only 9:11.

So I figure they bound to take care of everyone prior to 4 pm if everything goes the way it was going.  They should be able to take a few more show-ups.

But that's entirely up to them.  I have a feeling they could of took me last Friday.  But maybe not.  Or they just wanted to pack up and go home on time.

Is there a separate line for PTA? What’s the latest I can arrive and still make it? Thanks.

pacwire

Re: Gun Registration @ HPD
« Reply #38 on: August 30, 2021, 03:39:02 PM »
It's my understanding PTA is ONLY Tuesday and Thurday.  The last time i pulled a PTA, i was number 48 of 50.  I arrived at 0630.  Wow.  Last thursday i did a gun Registration.  Arrived a little after 6AM  I was number 2.

Aloha!

Brian

stangzilla

Re: Gun Registration @ HPD
« Reply #39 on: August 30, 2021, 03:59:48 PM »
PTA walk ins are T and TH.  standbys are M W F
https://www.honolulupd.org/information/firearms/