Order to Surrender Firearms due to Head Injury? (Read 2393 times)

Kai223

Order to Surrender Firearms due to Head Injury?
« on: August 04, 2023, 02:54:41 PM »
I had a friend who recently applied for a CCW permit, they went through his medical records and due to a head injury he had in the past they ordered him to surrender all of his firearms till he got medical clearance. He of course as a law abiding citizen surrendered his firearm to HPD. He then went to see a doctor to get clearance, returned to HPD and they said it wasn’t sufficient. He went back to the doctor again and got a more detailed report which he brought back to HPD, they accepted the second note and told him to pick up his firearm on a set date. He went to pick up the firearm on the instructed date and was told that it wasn’t ready for pickup and that he would have to come back. He had that happen to him 2 more times and he still has not gotten his firearm returned.

Is this setting the precedent that if you get denied a CCW permit they have grounds to confiscate all your firearms?

PS: I advised him to reach out to a lawyer but he’s been busy traveling for work and the potential legal fees and time investment would be a setback.

zippz

Re: Order to Surrender Firearms due to Head Injury?
« Reply #1 on: August 04, 2023, 05:58:17 PM »
Assuming HPD means Honolulu and not Hawaii County...

This might violate the Santucci settlement with Honolulu.  HPD can only confiscate guns for serious mental disorders affecting safety, or if a person was committed to a hospital for mental health reasons.

Santucci made it harder to confiscate guns for minor reasons.  It should be HPDs responsibility to prove your friend is a danger.

Depends on the extent of your friends injuries and if he was a threat to himself or others at the time.

Friend can talk to Kevin Ogrady who did the Santucci settlement.
« Last Edit: August 04, 2023, 06:06:29 PM by zippz »

eyeeatingfish

Re: Order to Surrender Firearms due to Head Injury?
« Reply #2 on: August 05, 2023, 10:18:32 PM »
I second the suggestion of an attorney however I don't know what type of case he has in terms of damages. What is the financial costs associated with all those trips to the police station?

I don't know how long it takes them to grab a gun from evidence... Does he have a whole truckload?
I have heard of the evidence wanting appointments for picking up items but what he experienced is just unacceptable.

changemyoil66

Re: Order to Surrender Firearms due to Head Injury?
« Reply #3 on: August 06, 2023, 07:55:34 AM »
I second the suggestion of an attorney however I don't know what type of case he has in terms of damages. What is the financial costs associated with all those trips to the police station?

I don't know how long it takes them to grab a gun from evidence... Does he have a whole truckload?
I have heard of the evidence wanting appointments for picking up items but what he experienced is just unacceptable.
With Roa vs.hawaii, hpd refused the judges order to return his guns. So he took them to court and won.

So its reasonable to say hpd is once again violating someones right on purpose.

Sent from my SM-G991U using Tapatalk

groveler

Re: Order to Surrender Firearms due to Head Injury?
« Reply #4 on: August 06, 2023, 08:34:02 AM »
My reading of the law is,
if you fail to get a permit to acquire, or obtain a ccw on grounds of mental questions
no proof required on their part, they can demand surrender of all guns registered to you.
You have to prove competency as they assume you are not competent,  after all why does
a non hunter need a gun?  They must be nuts as the cops will protect you.
After you comply with the surrender, guns are nearly impossible to get back.

All my guns are in WA state. un registered.  Safe from the Hawaiian Gestapo,
OOPs, I mean Hawaiian police departments.
 :grrr:
 

mrgaf

Re: Order to Surrender Firearms due to Head Injury?
« Reply #5 on: August 06, 2023, 11:18:09 AM »
My reading of the law is,
if you fail to get a permit to acquire, or obtain a ccw on grounds of mental questions
no proof required on their part, they can demand surrender of all guns registered to you.
You have to prove competency as they assume you are not competent,  after all why does
a non hunter need a gun?  They must be nuts as the cops will protect you.
After you comply with the surrender, guns are nearly impossible to get back.

All my guns are in WA state. un registered.  Safe from the Hawaiian Gestapo,
OOPs, I mean Hawaiian police departments.
 :grrr:

Gestapo is the correct description of our local enforcement pecker heads in the PRH. I’m slowly moving all the firearms that matter to me out of the banana republik. My brother already took a few back to the mainland for me and will come back for the others very soon. Will sell most of the remaining ones and only keep a couple here for fun. When I croak he’ll take them away as well. The old lady can tell HPD to FOAD when they come looking.   :D
To argue with a person who has renounced the use of reason is like administering medicine to the dead.  Thomas Paine.

No man can get rich in politics unless he is a crook.  It cannot be done. Harry Truman

Only good liberal is one taking a dirt nap.

eyeeatingfish

Re: Order to Surrender Firearms due to Head Injury?
« Reply #6 on: August 06, 2023, 09:29:09 PM »
With Roa vs.hawaii, hpd refused the judges order to return his guns. So he took them to court and won.

So its reasonable to say hpd is once again violating someones right on purpose.

Sent from my SM-G991U using Tapatalk

I think there is no doubt he will win, I just don't know if he will have to pay out of pocket or what.
If he goes small claims court he can represent himself and ask for a dollar amount for his damages but if I understand small claims correctly it does not force the department to do anything other than pay him damages. To go a higher level he can get HPD to comply but then that means $$$ for a lawyer.

groveler

Re: Order to Surrender Firearms due to Head Injury?
« Reply #7 on: August 07, 2023, 07:51:20 AM »
I think there is no doubt he will win, I just don't know if he will have to pay out of pocket or what.
If he goes small claims court he can represent himself and ask for a dollar amount for his damages but if I understand small claims correctly it does not force the department to do anything other than pay him damages. To go a higher level he can get HPD to comply but then that means $$$ for a lawyer.
Even when they know they are going to lose the cops will put you through the "system",
it costs you money.   If they can't get their way they Fuk with you.  It doesn't cost them anything.
They could care less about you and your rights.
I'm not a de-fund the police guy but I do want a more professional and crime oriented force
as opposed to a revenue generation force to keep coffers full and traffic courts in business. 
I want cops subject to something like UCMJ
article 133 "Conduct unbecoming an officer", for all sworn officers. Nation wide.
 :thumbsup:
 

dirsh

Re: Order to Surrender Firearms due to Head Injury?
« Reply #8 on: August 08, 2023, 01:51:01 PM »
I had a friend who recently applied for a CCW permit, they went through his medical records and due to a head injury he had in the past they ordered him to surrender all of his firearms till he got medical clearance. He of course as a law abiding citizen surrendered his firearm to HPD. He then went to see a doctor to get clearance, returned to HPD and they said it wasn’t sufficient. He went back to the doctor again and got a more detailed report which he brought back to HPD, they accepted the second note and told him to pick up his firearm on a set date. He went to pick up the firearm on the instructed date and was told that it wasn’t ready for pickup and that he would have to come back. He had that happen to him 2 more times and he still has not gotten his firearm returned.

Is this setting the precedent that if you get denied a CCW permit they have grounds to confiscate all your firearms?

PS: I advised him to reach out to a lawyer but he’s been busy traveling for work and the potential legal fees and time investment would be a setback.

Since he got his medical clearance, is he going to apply for ccw again? I hope so
ΜΟΛΩΝ ΛΑΒΕ
╾━╤デ╦︻