Transfer Rifle (Read 1341 times)

Frog

Transfer Rifle
« on: November 20, 2021, 01:28:27 PM »
Does anyone know with the new registration procedures if I need to bring a rifle I bought from a private owner to transfer or just bring in the paper work?  I know for a brand new one we don’t physically have to bring in the rifle.

Flapp_Jackson

Re: Transfer Rifle
« Reply #1 on: November 20, 2021, 01:57:08 PM »
Does anyone know with the new registration procedures if I need to bring a rifle I bought from a private owner to transfer or just bring in the paper work?  I know for a brand new one we don’t physically have to bring in the rifle.

There are two processes:  (1) transfer and (2) registration.

(1) The transfer occurs when you present a valid Long Gun Permit to Acquire to the rifle owner, and they give you the rifle (monies may exchange hands, and a receipt or bill of sale is prudent).  At that moment, the transfer is complete.  You legally own the rifle. 

(2) Next, you must register the rifle.  As far as the current rules go, you do not have to present the rifle for inspection regardless of whether the seller (transferor) was an FFL or private party.  Just take the previous owner's name and address and all the required rifle info (Make, model, action type, caliber, serial number, and any importer info if applicable).  Also take your LG Permit and ID.  That should be all they need.

Registration has no bearing on ownership, since it is not a part of the transfer process -- two separate processes.  People make the assumption that registering a firearm is like registering a vehicle in your name at the DMV.  Not even close.
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

DocMercy

Re: Transfer Rifle
« Reply #2 on: November 23, 2021, 02:49:27 PM »
The officer at the door of the registration and records department told me that it is possible to register a rifle you obtain from a private seller/resident in Hawaii using either (a) the bill of sale and serial number of the rifle, or (b) the bill of sale and the physical rifle. He couched his answer with a recommendation that (b) is the preferred method, in case of issues.
Without getting into a long discussion of what might be issues, here are some possible hitches. Four rifles were stolen from J Hara Store a few weeks ago. What is to stop a thief from presenting a phony driver's license and a forged certificate of registration for a rifle? Second example of malfeasance is an owner modding a rifle so it fires automatically, possesses a bump stock, or is equipped with a suppressor. Third problem could be the seller forgetting to ever register the rifle in the state. Unless you are good friends with the seller, and trust him explicitly, you have several alternative options. Broker the deal through a licensed gunsmith, or bring the seller with you to the HPD office. Today was a very busy day at HPD. However, one buyer dragged his seller into the gun inspection room, where the officers asked a bunch of questions, allowing the buyer to leave with a certificate of registration.

Flapp_Jackson

Re: Transfer Rifle
« Reply #3 on: November 23, 2021, 03:35:49 PM »
The officer at the door of the registration and records department told me that it is possible to register a rifle you obtain from a private seller/resident in Hawaii using either (a) the bill of sale and serial number of the rifle, or (b) the bill of sale and the physical rifle. He couched his answer with a recommendation that (b) is the preferred method, in case of issues.

Without getting into a long discussion of what might be issues, here are some possible hitches.

Four rifles were stolen from J Hara Store a few weeks ago. What is to stop a thief from presenting a phony driver's license and a forged certificate of registration for a rifle?

To whom would he present the forged registration?  The Cop who found the rifle in a search of his home, business or car?  An interested buyer?  There's no requirement or need to ask the owner to see the registration certificate.  It's not like a car registration that's required to be presented to Cops at a traffic stop.  It's a plus that may help the buyer and firearms section officers with the registration process, but the same info could be included in a Bill of Sale.

Second example of malfeasance is an owner modding a rifle so it fires automatically, possesses a bump stock, or is equipped with a suppressor.

The Cops don't disassemble rifles when registering them, so a full-auto sear would not be noticed.  Bump stocks, suppressors and other contraband are easily removed.  Presenting the rifle for inspection won't prevent any "mods."  In fact, once it's registered, the owner is free to mod it to his heart's content.  Unless he takes it to a range with said mods, who's going to know?

Third problem could be the seller forgetting to ever register the rifle in the state. Unless you are good friends with the seller, and trust him explicitly, you have several alternative options. Broker the deal through a licensed gunsmith, or bring the seller with you to the HPD office.  Today was a very busy day at HPD. However, one buyer dragged his seller into the gun inspection room, where the officers asked a bunch of questions, allowing the buyer to leave with a certificate of registration.

HPD has no problem registering a firearm long after the "registration window" closes.  If the firearm was never registered in Hawaii, just tell them it is an out-of-state firearm, and they'll run a check to make sure its not reported stolen or sought in connection with a criminal case.  If it was registered, just give HPD the name of the person who last registered it.  Once registered by the current owner/seller, the buyer can register with no problems.  It's less of a problem showing up with an unregistered firearm with the intention of registering it than it is getting caught with it during a search.  It's also not a bad idea to use an FFL, since they often handle unregistered firearms that were grandfathered and never registered at all -or are part of an inheritance where the estate's executor is not on the registration.

I've never needed a registration certificate to buy or sell guns here.  The Cops can look it up.  If the gun turns out to be stolen, I'm sure they'll take it from you.  If they find the thief that sold it to you, maybe you'll get your money back, but probably not.  At that point, you'll be wondering what you could have done differently.  If the price was much lower than market for a new rifle, maybe that was a red flag?  Could you have taken a picture of the rifle when viewing it (along with the serial number) and asked HPD to look it up for you? It would have come up as stolen, and maybe you'd save yourself the loss AND helped arrest a bad guy.

How many people would think of all that before jumping on a really great deal?  Not many, I'm sure.
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