NEW Changes to Firearms Registration (Read 17758 times)

Flapp_Jackson

Re: NEW Changes to Firearms Registration
« Reply #60 on: December 08, 2021, 01:56:44 PM »
Also since it wasn't mentioned yet, if a RO or any non-LE ask to see your papers, you can tell them no. It's against the law for anyone who isn't listed below to demand to see your reg:

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.

HRS134-3.

The city range on Maui was going to require proof of reg before they allow anyone to shoot. And unless it was MPD there checking everyone's reg, that would be illegal. So a RO cannot make you show your reg. Same would apply if traveling and the counter person of the airline demands proof of ownership.  Aside from that almost all other states dont require reg, so proof of ownership would be near impossible for out of state travelers.

Except for the fact that travelers to Hawaii are also required to register any guns they bring into the state when they arrive -- same 5 day window to register.  With the online registration soon to be available, it'll make the process easier and quicker for tourists to register their guns. 
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: NEW Changes to Firearms Registration
« Reply #61 on: December 08, 2021, 01:59:02 PM »
Does HPD even ask for a bill or receipt when someone is reg and is from out of state?  I mean some guns can be purchased decades ago, so no receipt or other proof would be kept that long.  Or is HPD just taking your word for it. Which confirms the reg process is a crock of ...

drck1000

Re: NEW Changes to Firearms Registration
« Reply #62 on: December 08, 2021, 01:59:11 PM »
Also since it wasn't mentioned yet, if a RO or any non-LE ask to see your papers, you can tell them no. It's against the law for anyone who isn't listed below to demand to see your reg:

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.

HRS134-3.

The city range on Maui was going to require proof of reg before they allow anyone to shoot. And unless it was MPD there checking everyone's reg, that would be illegal. So a RO cannot make you show your reg. Same would apply if traveling and the counter person of the airline demands proof of ownership.  Aside from that almost all other states dont require reg, so proof of ownership would be near impossible for out of state travelers.
Not sure if it has changed (as of maybe 3-4 years ago), but Army installations on Oahu used to require you register your firearms with their LE (Provost Office) if bringing them on installation.  This was back when I was a member of SRGC.  Need to show registration. 

I mean you don't HAVE to show.  But then they don't have to let you on base with firearms. . .

drck1000

Re: NEW Changes to Firearms Registration
« Reply #63 on: December 08, 2021, 02:00:01 PM »
Does HPD even ask for a bill or receipt when someone is reg and is from out of state?  I mean some guns can be purchased decades ago, so no receipt or other proof would be kept that long.  Or is HPD just taking your word for it. Which confirms the reg process is a crock of ...
Only private sale I did, they just asked the name of person.  And it's on the reg.  ;D

Flapp_Jackson

Re: NEW Changes to Firearms Registration
« Reply #64 on: December 08, 2021, 02:14:51 PM »
Does HPD even ask for a bill or receipt when someone is reg and is from out of state?  I mean some guns can be purchased decades ago, so no receipt or other proof would be kept that long.  Or is HPD just taking your word for it. Which confirms the reg process is a crock of ...

Out of state guns have a "background check" run on a national database to see if they are listed as stolen, sought in connection with any criminal cases, etc.  Ownership is "assumed" to be the person registering if nothing comes back to say the gun was stolen.

In state registrations either involve a handgun PTA, which means the owner signed the permit or provided a bill of sale.  If this is a long gun, it's possible there's no paper trail, but the gun should be on file if registered.  If the gun was never registered (grandfathered?), and there is no bill of sale, HPD may ask for one before they can register it. 

Anyway, I think most local buyers are more likely to have a bill of sale to show where the gun came from and how much they paid.  Without a receipt of some kind, what's to stop the seller from reporting the gun stolen?  People do these kinds of things.  Not often, but enough.
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

dogman

Re: NEW Changes to Firearms Registration
« Reply #65 on: December 10, 2021, 05:54:53 AM »
I was talking to Daniel at Kaneohe Gun Shop yesterday, he said after you pick up your PTA for a handgun, you sign and leave the forms with him, take your handgun(s) and thats it. He will take your PTA to HPD on his regular visit and HPD will send you the registration.

QUIETShooter

Re: NEW Changes to Firearms Registration
« Reply #66 on: December 10, 2021, 06:15:17 AM »
I have a long gun that I bought in 1980 from Pay and Save sporting goods section in Mililani.  That place is no longer in existence and it now currently houses 24 hr. fitness.

Back then acquired long guns didn't have to be registered and registration of these firearms are not mandatory prior to 1995 (1993?) or somewhere around that period when the communist government of Hawaii decided to make long gun registration mandatory.

Anyway I don't have my reciept.
Sometimes you gotta know when to save your bullets.

Motorman

Re: NEW Changes to Firearms Registration
« Reply #67 on: December 10, 2021, 08:26:12 AM »
I was talking to Daniel at Kaneohe Gun Shop yesterday, he said after you pick up your PTA for a handgun, you sign and leave the forms with him, take your handgun(s) and thats it. He will take your PTA to HPD on his regular visit and HPD will send you the registration.

Yeah, no, that’s wrong. You still need to at least take the information for the gun to the firearms section to register.

garandtumb

Re: NEW Changes to Firearms Registration
« Reply #68 on: December 10, 2021, 09:03:00 AM »
I was talking to Daniel at Kaneohe Gun Shop yesterday, he said after you pick up your PTA for a handgun, you sign and leave the forms with him, take your handgun(s) and thats it. He will take your PTA to HPD on his regular visit and HPD will send you the registration.
Yeah, no, that’s wrong. You still need to at least take the information for the gun to the firearms section to register.

Did it change?


From the website
https://www.honolulupd.org/police-services/firearms/

For handgun, the original firearm permit (HANDGUN) must be signed in ink on the back by both seller and buyer.
The seller shall cause the permit to be delivered to the HPD Firearms Section within 48 hours after the transfer of the firearm. 
(In-person or via registered mail)

changemyoil66

Re: NEW Changes to Firearms Registration
« Reply #69 on: December 10, 2021, 09:06:55 AM »
Yeah, no, that’s wrong. You still need to at least take the information for the gun to the firearms section to register.

^^^This, the LGS does not register the gun for you. Or you can wait until their online reg is running since the 5 day reg window has been suspended.

Motorman

Re: NEW Changes to Firearms Registration
« Reply #70 on: December 10, 2021, 10:33:40 AM »
Did it change?


From the website
https://www.honolulupd.org/police-services/firearms/

For handgun, the original firearm permit (HANDGUN) must be signed in ink on the back by both seller and buyer.
The seller shall cause the permit to be delivered to the HPD Firearms Section within 48 hours after the transfer of the firearm. 
(In-person or via registered mail)

Even though the permit is now delivered to the firearms section by the seller and not the buyer, the buyer still needs to register the gun under their name.

DocMercy

Re: NEW Changes to Firearms Registration
« Reply #71 on: December 10, 2021, 12:43:09 PM »
I spoke to another gun dealer today, and he thought I could get registrations at HPD for a rifle and a pistol (that were picked up this month from different stores), using the Firearms Information Form (HPD084R05) which you populate for the rifle, and the xeroxed front and back of page 1 of the PTA for the handgun. Expect to visit HPD next week with both forms, and will advise if they demand to see the weapons themselves (which I doubt), or they tell me to wait for the online registration system to be activated.
I posed a second question to the dealer about another subject, consumer Taser guns. He has not gotten a letter from the state about approved dealer training courses.

Update (12/14/21): Visited HPD today and was able to obtain registrations on both a pistol and a rifle, without needing to present weapon(s) to the Firearms Unit. Noticed that one of my gun dealers was dropping off 10 completed (signed off) Permits to Acquire. Not sure if some choose to mail the completed PTA's or hand deliver them to HPD. Also not sure about the timing of the PTA's relative to when you can actually get HPD to issue a registration certificate. For rifles, the dealers seem to electronically transmit the ATF form to the Feds (or HPD) by the end of day. I also noticed the dealer filling out a new form when rifle was handed to me. It was only two business days from the time I picked up the rifle at the store to when I visited HPD to obtain the registration. The interval for the pistol was 5 business days. This timing is critical to handgun owners who do not want to travel to town, to discover that all the paperwork to obtain the registration has not arrived at HPD.
« Last Edit: December 14, 2021, 11:18:44 AM by DocMercy »

changemyoil66

Re: NEW Changes to Firearms Registration
« Reply #72 on: December 10, 2021, 12:52:58 PM »
I spoke to another gun dealer today, and he thought I could get registrations at HPD for a rifle and a pistol (that were picked up this month from different stores), using the Firearms Information Form (HPD084R05) which you populate for the rifle, and the xeroxed front and back of page 1 of the PTA for the handgun. Expect to visit HPD next week with both forms, and will advise if they demand to see the weapons themselves (which I doubt), or they tell me to wait for the online registration system to be activated.
I posed a second question to the dealer about another subject, consumer Taser guns. He has not gotten a letter from the state about approved dealer training courses.

They cannot demand it.  Even their website states you don't have to bring the gun down. 

Flapp_Jackson

Re: NEW Changes to Firearms Registration
« Reply #73 on: December 10, 2021, 01:48:42 PM »
I have a long gun that I bought in 1980 from Pay and Save sporting goods section in Mililani.  That place is no longer in existence and it now currently houses 24 hr. fitness.

Back then acquired long guns didn't have to be registered and registration of these firearms are not mandatory prior to 1995 (1993?) or somewhere around that period when the communist government of Hawaii decided to make long gun registration mandatory.

Anyway I don't have my reciept.

Are you worried you will be charged with having an unregistered firearm?  If the gun was manufactured about the time you bought it, there's no way anyone could suspect you bought it after 1994.

States would need evidence you acquired it after 1994.  If they have none, you shouldn't have to produce anything to prove your innocence.
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

dogman

Re: NEW Changes to Firearms Registration
« Reply #74 on: December 10, 2021, 06:34:54 PM »
Yeah, no, that’s wrong. You still need to at least take the information for the gun to the firearms section to register.
Yep, it's wrong, Daniel got an email from HPD:

Hi Danny, on one of the gun websites (2A) one of your customers commented that you as the dealer will keep the original permit, they can take the pistol, and HPD will just send them a registration. I hope you are not telling the customers this.
 At this time everyone has to register the firearm by coming in to the office with or with/out the firearm. Once the online system goes live they can go online and put in a request to register a firearm.

QUIETShooter

Re: NEW Changes to Firearms Registration
« Reply #75 on: December 10, 2021, 07:41:20 PM »
Are you worried you will be charged with having an unregistered firearm?  If the gun was manufactured about the time you bought it, there's no way anyone could suspect you bought it after 1994.

States would need evidence you acquired it after 1994.  If they have none, you shouldn't have to produce anything to prove your innocence.

I was a bit but I was also thinking there must be a ton of guys like me with no receipts.

Your input made me feel better.

I was just gonna tell them the same thing I posted above.  Minus the quip about the communist Hawaii gov.t, lest I get myself in hot water for that statement.  :rofl:
Sometimes you gotta know when to save your bullets.

Flapp_Jackson

Re: NEW Changes to Firearms Registration
« Reply #76 on: December 10, 2021, 07:49:13 PM »
I was a bit but I was also thinking there must be a ton of guys like me with no receipts.

Your input made me feel better.

I was just gonna tell them the same thing I posted above.  Minus the quip about the communist Hawaii gov.t, lest I get myself in hot water for that statement.  :rofl:

No problem -- they already know about you, I'm sure!   :rofl: :shake:
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

zippz

Re: NEW Changes to Firearms Registration
« Reply #77 on: December 10, 2021, 09:17:36 PM »
As far as pre94 long guns, the state would have to prove otherwise.  But they can trace it back to the manufacturer or look at the FFL books which are still somewhere.

Flapp_Jackson

Re: NEW Changes to Firearms Registration
« Reply #78 on: December 11, 2021, 06:08:56 AM »
As far as pre94 long guns, the state would have to prove otherwise.  But they can trace it back to the manufacturer or look at the FFL books which are still somewhere.

If the store is no longer in business, the FFL records are sent to the ATF and stored in boxes in massive warehouses.

If this is a 1980s purchase, those records were not digitized prior to giving to the ATF. The Feds have been trying to digitize what they have to reduce the storage space required.  It's still taking eons to accomplish.

Quote
Although the paper records are eventually transformed into digital images, investigators' use of the
computerized system is strictly limited by federal law that prohibits the creation of a searchable
database based on firearms' purchasers
.

Gun rights advocates said the system is merely a reflection of what the government requires defunct
gun dealers to do.

I wish the state luck finding that one piece of paper.  The records sent to the FBI via NICS for a background check only includes the potential buyer's info.  No gun info is sent.  That is retained by the FFL on the 4473 and inventory sales records.  Once the FFL is defunct, the records go to the ATF.  But, the law prohibits the Feds from having a searchable list of gun owners.  Therefore, keeping paper records is an acceptable alternative.

If Hawaii Cops want to have the Feds look up the records from that sale in 1980, they are going to have to find the records and manually search each form for the firearm in question.

Not only will that be costly, but the justification would be pretty weak IMO.  If the only crime committed was failure to register, that misdemeanor can be remedied by simply registering it.  If you don't want to, then that's between you and the AG to figure out.  A receipt is not the only way to prove you owned it before 1994.  A photo of you holding it, someone who was with you when you bought it signing an affidavit, or any dated document you recorded the serial number on before 1994 should be sufficient.

HPD doesn't ask for receipts for out-of-state guns.  I really don't see them pushing the issue without some evidence to contradict your story.   :shaka:

Quote
MARTINSBURG, W.Va. — Millions of firearm purchase records, potentially critical to tracing
guns used in crimes, languish here in scores of cardboard boxes and shipping containers
awaiting processing at the government's National Tracing Center.

Officials estimate that 1.6 million paper documents and other records arrive every month
from defunct firearm dealers who are required to ship their business records, some barely
discernible, to this Bureau of Alcohol Tobacco Firearms and Explosives facility for eventual
inclusion in a digital repository.

Up to 50 times a day, document examiners comb through everything from 1970s-era microfilm
to hand-written cards in an effort to satisfy sometimes urgent pleas for assistance from law
enforcement agencies from across the country, ATF information specialist Neil Troppman said.
https://www.usatoday.com/story/news/nation/2015/10/27/firearms-national-tracing-center-atf/74401060/
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