Firearm leaving the State (Read 2766 times)

Eric808

Firearm leaving the State
« on: February 08, 2024, 10:43:29 AM »
Someone ask about if there registered firearm is leaving the State, what is the process?  Could you provide the link to the posting.

Sorry, I was planning to leave the State and take my firearms (if I had any, like macsac), so I just made a mental note about the topic, should have pdf the posting and save it, to be printed if needed.

changemyoil66

Re: Firearm leaving the State
« Reply #1 on: February 08, 2024, 11:34:07 AM »
You must inform HPD if the firearms are "permanently" leaving the state.  So if you ever plan on returning with them, then it's not permanent.

And if you do return, then you may have to re-register them.  Although they are never "un-registered". 

randay

Re: Firearm leaving the State
« Reply #2 on: February 08, 2024, 01:40:48 PM »
Someone ask about if there registered firearm is leaving the State, what is the process?  Could you provide the link to the posting.

Sorry, I was planning to leave the State and take my firearms (if I had any, like macsac), so I just made a mental note about the topic, should have pdf the posting and save it, to be printed if needed.

There are regulations about notifying HPD when you remove a firearm from the state. However, theres absolutely no way they would know, and they dont track it. You'll never have someone knock on your door asking if you removed "x" firearm from the state. Im not sure if there is any good reason to notify them.

Also when/if the assault weapons ban passes this year, if you do come back, they wont let you have your "assault weapons" which will be basically all semi auto rifles. Theyll confiscate them from you probably.

changemyoil66

Re: Firearm leaving the State
« Reply #3 on: February 08, 2024, 03:11:14 PM »
There are regulations about notifying HPD when you remove a firearm from the state. However, theres absolutely no way they would know, and they dont track it. You'll never have someone knock on your door asking if you removed "x" firearm from the state. Im not sure if there is any good reason to notify them.

Also when/if the assault weapons ban passes this year, if you do come back, they wont let you have your "assault weapons" which will be basically all semi auto rifles. Theyll confiscate them from you probably.

Read my post above for more details, just removing a firearm from the state doesn't requiring notifying HPD.

Eric808

Re: Firearm leaving the State
« Reply #4 on: February 09, 2024, 07:04:25 AM »
Read my post above for more details, just removing a firearm from the state doesn't requiring notifying HPD.

CMO, sorry was not able able to locate your post, could you add the link to your posting to this thread.
TY

changemyoil66

Re: Firearm leaving the State
« Reply #5 on: February 09, 2024, 08:01:47 AM »
CMO, sorry was not able able to locate your post, could you add the link to your posting to this thread.
TY

"You must inform HPD if the firearms are "permanently" leaving the state.  So if you ever plan on returning with them, then it's not permanent.

And if you do return, then you may have to re-register them.  Although they are never "un-registered". "

Eric808

Re: Firearm leaving the State
« Reply #6 on: February 09, 2024, 08:14:59 AM »
per macsac,  "no focus"

Rocky

Re: Firearm leaving the State
« Reply #7 on: February 09, 2024, 08:58:11 AM »
HRS 134-3
(e) Every person who permanently moves firearms out of the State shall contact and notify the county police department in the county where the firearms are registered about the removal of the firearms within five days of the removal from the State.
Any person who fails to timely notify the appropriate police department shall be subject to a civil penalty of $100 per firearm.
“I ask you to judge me by the enemies I have made.”
                                                           Franklin D. Roosevelt

randay

Re: Firearm leaving the State
« Reply #8 on: February 09, 2024, 10:04:01 AM »
HRS 134-3
(e) Every person who permanently moves firearms out of the State shall contact and notify the county police department in the county where the firearms are registered about the removal of the firearms within five days of the removal from the State.
Any person who fails to timely notify the appropriate police department shall be subject to a civil penalty of $100 per firearm.

Going based on what is written, If you "move a firearm out of the state" for longer than 5 days they probably consider it permanent. Otherwise this law is unenforceable, because you can just say you planned to return it to the state at some point in time. When they issue the civil penalty, the firearm owner wont be the one deciding any of that. And I doubt anyone will be hiring a lawyer to fight a $100 dollar fine.

Flapp_Jackson

Re: Firearm leaving the State
« Reply #9 on: February 09, 2024, 10:46:47 AM »
Going based on what is written, If you "move a firearm out of the state" for longer than 5 days they probably consider it permanent. Otherwise this law is unenforceable, because you can just say you planned to return it to the state at some point in time. When they issue the civil penalty, the firearm owner wont be the one deciding any of that. And I doubt anyone will be hiring a lawyer to fight a $100 dollar fine.

Incorrect.  The word "permanent" has a plain language meaning.

If you travel to the mainland for 3 weeks and return to Hawaii, all while transporting a firearm, you're not required to notify anyone -- other than the airlines.

They look at the situation to see if it was a permanent out-of-state move for you and the the weapon.  If you vacated your Hawaii residence, if you moved the weapons by including them in your household goods with a moving company, if you quit your job .... all these examples point to a permanent relocation out of state.
 
The time limit starts either when you leave the state for good or the firearm is taken out of state for good -- permanently, not temporarily.

You might ship the firearm/s to a person out of state ahead of leaving yourself, but you would still have up to 5 days from the day you left permanently to notify them.  Also, if you leave your stuff in storage, and you've been living on the mainland for 6 months looking for work and a new place to live, five days after your goods leave Hawaii starts the 5-day clock.

It's not complicated.
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: Firearm leaving the State
« Reply #10 on: February 09, 2024, 11:54:08 AM »
Going based on what is written, If you "move a firearm out of the state" for longer than 5 days they probably consider it permanent. Otherwise this law is unenforceable, because you can just say you planned to return it to the state at some point in time. When they issue the civil penalty, the firearm owner wont be the one deciding any of that. And I doubt anyone will be hiring a lawyer to fight a $100 dollar fine.

This is not correct.

AND although a civil penalty, it is a firearm related violation and you can lose your 2a right in HI for 20 years.  Then this may pop up in any future background check that you're required to do.

randay

Re: Firearm leaving the State
« Reply #11 on: February 09, 2024, 12:39:43 PM »
Like I said before I dont play this game on the internet forums, However there was a very serious implication about violating 134-3(e) that could be dangerous so I have to say something.

For anyone seriously concerned about 134-3(e), aka; notifying the county PD about removing firearms from the state, violation of that section does not come with a criminal charge, so it is not a criminal offense relating to firearms. It is a civil penalty only, which is not a crime, only a financial penalty(fine). It will not cause you to lose your right to possess firearms or ammunition for 20 years in Hawaii.

I advise anyone coming here for advice about hawaii firearms laws to check multiple sources, and not make such important decisions based purely on the pathologically infallable users found on this forum. Checking with an actual lawyer would probably be the best way.

changemyoil66

Re: Firearm leaving the State
« Reply #12 on: February 09, 2024, 01:50:22 PM »
Like I said before I dont play this game on the internet forums, However there was a very serious implication about violating 134-3(e) that could be dangerous so I have to say something.

For anyone seriously concerned about 134-3(e), aka; notifying the county PD about removing firearms from the state, violation of that section does not come with a criminal charge, so it is not a criminal offense relating to firearms. It is a civil penalty only, which is not a crime, only a financial penalty(fine). It will not cause you to lose your right to possess firearms or ammunition for 20 years in Hawaii.

I advise anyone coming here for advice about hawaii firearms laws to check multiple sources, and not make such important decisions based purely on the pathologically infallable users found on this forum. Checking with an actual lawyer would probably be the best way.

We're not playing a game.  I pointed out how you're wrong about the 5 days thing and your first post.  You are giving someone bad info. 

I did however make a mistake about losing the 2a right in HI because what you posted about this being a civil fine of $100 is just that, a civil fine.  If it were a misdemeanor, then he would lose his 2A right as a "criminal offense relating to firearms" means any firearm misdemeanor.

What you seem to do is since you refuse to elaborate more when wrong, you just type "I'm not playing this game".  We aren't playing a game and would like to know when we're wrong.  See above civil thing, you elaborated on why I was wrong and I am.  Had you not elaborated when questioned, then my incorrect understanding of it would still be in place.

You went from your 1st post saying that how would HPD know to you have 5 days to  now saying don't trust people here, check with a lawyer.  You moved from 1 to the other because you are wrong and gave the wrong info.  Refer to my first post in this thread for the correct info.  Or to ROckys post of the actual HRS134-3 that says what I said.