HPD blocking a Title I receiver transfer; VIOLATION OF LAW (Read 4505 times)

notrocketman

HPD blocking a Title I receiver transfer; VIOLATION OF LAW
« on: March 21, 2024, 10:51:01 AM »
Firstly, I purchased this launcher receiver from a highly reputable online firearm store. The receiver, as depicted in the photo, is classified as a Title 1, non-NFA item.

However, I encountered an issue with the Honolulu Police Department (HPD), which blocked the transfer of the Title 1 receiver. They erroneously categorized it as an NFA item, assuming it to be illegal in Hawaii. Contrary to their assertion, it is solely a Title 1 receiver. Prior to purchasing, I diligently researched Hawaii's laws and regulations regarding firearms and found no prohibition against transferring a Title 1 launcher receiver within the state.

Despite my efforts to clarify the legality of the transfer, a Lieutenant from the HPD's firearms division refused to provide a specific legal basis for their decision. Instead, she simply stated that they couldn't allow the transfer without offering any concrete explanation. When I asked for the specific law prohibiting the receiver, she dismissed me and suggested seeking legal assistance, despite my prior efforts in understanding and complying with the law.

It appears that the HPD is arbitrarily creating their own regulations regarding firearm transfers to FFLs, thereby violating both the US Constitution and the state laws governing firearms in Hawaii.

Flapp_Jackson

Re: HPD blocking a Title I receiver transfer; VIOLATION OF LAW
« Reply #1 on: March 21, 2024, 11:19:24 AM »
That's the state's current game plan.  If you want them to follow the law, you have to spend your own money and sue them.

Then, if it appears you are about to win a judgement, they will capitulate or change the rules so your complaint becomes moot -- which is a tactic they employ to avoid paying your lawyer fees.  No official judgement = no reimbursement for your or your lawyers expenses.

Good luck!

You might try contacting the police commission and the state's attorney's office.  If they see you are in the right, they might decide to intervene before it becomes a court case, but don't hold your breath.
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: HPD blocking a Title I receiver transfer; VIOLATION OF LAW
« Reply #2 on: March 21, 2024, 11:41:18 AM »
That's the state's current game plan.  If you want them to follow the law, you have to spend your own money and sue them.

Then, if it appears you are about to win a judgement, they will capitulate or change the rules so your complaint becomes moot -- which is a tactic they employ to avoid paying your lawyer fees.  No official judgement = no reimbursement for your or your lawyers expenses.

Good luck!

You might try contacting the police commission and the state's attorney's office.  If they see you are in the right, they might decide to intervene before it becomes a court case, but don't hold your breath.

If there is no law banning the item, then HI's tactic of changing the law to stiff the lawyer won't work.  And since this legislative session already began, it's highly unlikely any new law can be created until next year.

I have never looked into this item or issue, so IDK what the law is.

zippz

Re: HPD blocking a Title I receiver transfer; VIOLATION OF LAW
« Reply #3 on: March 21, 2024, 04:13:40 PM »
There's currently no definition of a grenade launcher, but the closest thing would be a pistol or maybe canon or flare launcher.

Flapp_Jackson

Re: HPD blocking a Title I receiver transfer; VIOLATION OF LAW
« Reply #4 on: March 21, 2024, 05:03:48 PM »
If there is no law banning the item, then HI's tactic of changing the law to stiff the lawyer won't work.  And since this legislative session already began, it's highly unlikely any new law can be created until next year.

I have never looked into this item or issue, so IDK what the law is.

i said "change the rules", as in department policy.

No legislature needed.
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

Tex

Re: HPD blocking a Title I receiver transfer; VIOLATION OF LAW
« Reply #5 on: March 21, 2024, 07:00:14 PM »
Even if it was assembled into a grenade launcher, it is not on the list of banned items under HRS 134-8(a).

HRS 134-8(a)
The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following is prohibited:  assault pistols, except as provided by section 134-4(e); automatic firearms; rifles with barrel lengths less than sixteen inches; shotguns with barrel lengths less than eighteen inches; cannons; mufflers, silencers, or devices for deadening or muffling the sound of discharged firearms; hand grenades, dynamite, blasting caps, bombs, or bombshells, or other explosives; or any type of ammunition or any projectile component thereof coated with teflon or any other similar coating designed primarily to enhance its capability to penetrate metal or pierce protective armor; and any type of ammunition or any projectile component thereof designed or intended to explode or segment upon impact with its target.

It could be built into a Hawaii legal firearm.

Did you get blocked at the registration phase or the permit to acquire phase? If registration, try the online portal.

Are you going handgun or rifle/shotgun receiver registration for it?


Thank you for being the guinea pig for this. I wanted one, but the idea of either needing to have a 16 or 18 inch barrel made or having to shoot it pistol grip only did not appeal to me.

notrocketman

Re: HPD blocking a Title I receiver transfer; VIOLATION OF LAW
« Reply #6 on: March 21, 2024, 10:09:42 PM »
Even if it was assembled into a grenade launcher, it is not on the list of banned items under HRS 134-8(a).

HRS 134-8(a)
The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following is prohibited:  assault pistols, except as provided by section 134-4(e); automatic firearms; rifles with barrel lengths less than sixteen inches; shotguns with barrel lengths less than eighteen inches; cannons; mufflers, silencers, or devices for deadening or muffling the sound of discharged firearms; hand grenades, dynamite, blasting caps, bombs, or bombshells, or other explosives; or any type of ammunition or any projectile component thereof coated with teflon or any other similar coating designed primarily to enhance its capability to penetrate metal or pierce protective armor; and any type of ammunition or any projectile component thereof designed or intended to explode or segment upon impact with its target.

It could be built into a Hawaii legal firearm.

Did you get blocked at the registration phase or the permit to acquire phase? If registration, try the online portal.

Are you going handgun or rifle/shotgun receiver registration for it?


Thank you for being the guinea pig for this. I wanted one, but the idea of either needing to have a 16 or 18 inch barrel made or having to shoot it pistol grip only did not appeal to me.


The FFL downtown mentioned that this is their first time dealing with a receiver like this, so they asked HPD if this was allowed here. And of course HPD said no without providing a legal basis. I was trying to get a rifle receiver registration for it just like a regular AR15 receiver, and I was going to keep it as is until I get back to the mainland.

notrocketman

Re: HPD blocking a Title I receiver transfer; VIOLATION OF LAW
« Reply #7 on: March 21, 2024, 10:14:14 PM »
That's the state's current game plan.  If you want them to follow the law, you have to spend your own money and sue them.

Then, if it appears you are about to win a judgement, they will capitulate or change the rules so your complaint becomes moot -- which is a tactic they employ to avoid paying your lawyer fees.  No official judgement = no reimbursement for your or your lawyers expenses.

Good luck!

You might try contacting the police commission and the state's attorney's office.  If they see you are in the right, they might decide to intervene before it becomes a court case, but don't hold your breath.


Thank you for the insight, I'll definitely contact some legal authority and see how I should proceed.

notrocketman

Re: HPD blocking a Title I receiver transfer; VIOLATION OF LAW
« Reply #8 on: March 21, 2024, 10:16:50 PM »
There's currently no definition of a grenade launcher, but the closest thing would be a pistol or maybe canon or flare launcher.

This is a Title 1 receiver just like a regular AR15 receiver you could buy off the shelf. This shouldn't have been an issue transferring with FFL. HPD is making their own "rules" of what can and can't be transferred within the state, which is clearly not right.

notrocketman

Re: HPD blocking a Title I receiver transfer; VIOLATION OF LAW
« Reply #9 on: March 21, 2024, 10:21:56 PM »
If there is no law banning the item, then HI's tactic of changing the law to stiff the lawyer won't work.  And since this legislative session already began, it's highly unlikely any new law can be created until next year.

I have never looked into this item or issue, so IDK what the law is.


The current law is that this is simply a Title 1 receiver, and not on any prohibited items. Which should have been allowed to transfer within the state.

eyeeatingfish

Re: HPD blocking a Title I receiver transfer; VIOLATION OF LAW
« Reply #10 on: March 21, 2024, 11:59:42 PM »
There's currently no definition of a grenade launcher, but the closest thing would be a pistol or maybe canon or flare launcher.

Maybe even a short barrel shotgun? 40mm are so versatile that they could be called lots of things.

I can't think of anything making it illegal either.

Flapp_Jackson

Re: HPD blocking a Title I receiver transfer; VIOLATION OF LAW
« Reply #11 on: March 22, 2024, 07:44:16 AM »
I just read the description you included more closely.  By having to get ATF approval to attach this to a barrel, it kinda sorta follows the NFA path for getting ATF approval to own those types of items, too.

Maybe HPD is uncomfortable allowing you to own this without some way of controlling whether or not you attach a barrel in the future?

That still doesn't make possession of the launcher illegal here -- only illegal if it's attached to a barrel without proper ATF paperwork.

I see no difference in that versus owning a legal AR pistol upper with a pistol length barrel (not a controlled item) and an AR lower (controlled as a firearm).  They don't refuse to register AR lowers simply because you might one day install your short barrel upper on it.

You should probably get an answer from HPD on whether it's the launcher itself they have a problem with or the fact you need ATF approval should you decide to add a barrel.  If nothing else, it might help narrow the focus of any legal arguments.

Just something I was curious about.  Good luck.
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

notrocketman

Re: HPD blocking a Title I receiver transfer; VIOLATION OF LAW
« Reply #12 on: March 22, 2024, 08:37:02 PM »
I just read the description you included more closely.  By having to get ATF approval to attach this to a barrel, it kinda sorta follows the NFA path for getting ATF approval to own those types of items, too.

Maybe HPD is uncomfortable allowing you to own this without some way of controlling whether or not you attach a barrel in the future?

That still doesn't make possession of the launcher illegal here -- only illegal if it's attached to a barrel without proper ATF paperwork.

I see no difference in that versus owning a legal AR pistol upper with a pistol length barrel (not a controlled item) and an AR lower (controlled as a firearm).  They don't refuse to register AR lowers simply because you might one day install your short barrel upper on it.

You should probably get an answer from HPD on whether it's the launcher itself they have a problem with or the fact you need ATF approval should you decide to add a barrel.  If nothing else, it might help narrow the focus of any legal arguments.

Just something I was curious about.  Good luck.


Exactly. AR15 receiver is not an NFA item until you install a short barrel on it. Just like this launcher receiver, it's not an NFA item until you install a barrel on it. And I asked HPD why they can't let me have this, and they basically just said it's because they said so. Shame on HPD.

notrocketman

Re: HPD blocking a Title I receiver transfer; VIOLATION OF LAW
« Reply #13 on: March 22, 2024, 08:40:01 PM »
I would seek legal advice, probably have to sue.


Definitely going that way. It's not fair that they are disregarding the laws and making their own "rules."

Flapp_Jackson

Re: HPD blocking a Title I receiver transfer; VIOLATION OF LAW
« Reply #14 on: March 22, 2024, 09:23:59 PM »
The Democrats/liberals/Progressive/Socialist Left-wingers have a tried and true tactic they are now using.

In other countries where the justice system was perverted and turned on the political enemies of the power structure, there was no need for winning elections or having better campaigns.  They simply let the establishment attack and destroy their opponents under the guise of upholding the law.

In today's version, it's been labeled "Lawfare," as opposed to warfare.

That's how they are trying to destroy Trump.  Can't beat him in a fair election, so they impeach, sue, charge and bankrupt him.

It's how they are also going after legal gun owners and businesses.  That guy who was the victim of the ATF this week was the latest casualty in this lawfare landscape, having been investigated for 3 years only to be raided at 6AM and killed in his home for being allegedly in violation of a recently passed law regarding requirements for an FFL license to sell some number of guns.

We know Hawaii Governor Green is in on it, as he threatened he has good lawyers to go after anyone opposing the state's sunconstitutional actions.
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: HPD blocking a Title I receiver transfer; VIOLATION OF LAW
« Reply #15 on: March 25, 2024, 07:37:27 AM »
The Democrats/liberals/Progressive/Socialist Left-wingers have a tried and true tactic they are now using.

In other countries where the justice system was perverted and turned on the political enemies of the power structure, there was no need for winning elections or having better campaigns.  They simply let the establishment attack and destroy their opponents under the guise of upholding the law.

In today's version, it's been labeled "Lawfare," as opposed to warfare.

That's how they are trying to destroy Trump.  Can't beat him in a fair election, so they impeach, sue, charge and bankrupt him.

It's how they are also going after legal gun owners and businesses.  That guy who was the victim of the ATF this week was the latest casualty in this lawfare landscape, having been investigated for 3 years only to be raided at 6AM and killed in his home for being allegedly in violation of a recently passed law regarding requirements for an FFL license to sell some number of guns.

We know Hawaii Governor Green is in on it, as he threatened he has good lawyers to go after anyone opposing the state's sunconstitutional actions.

And the process is the punishment.  See CRS Firearms situation.

notrocketman

Re: HPD blocking a Title I receiver transfer; VIOLATION OF LAW
« Reply #16 on: March 25, 2024, 01:37:38 PM »
The Democrats/liberals/Progressive/Socialist Left-wingers have a tried and true tactic they are now using.

In other countries where the justice system was perverted and turned on the political enemies of the power structure, there was no need for winning elections or having better campaigns.  They simply let the establishment attack and destroy their opponents under the guise of upholding the law.

In today's version, it's been labeled "Lawfare," as opposed to warfare.

That's how they are trying to destroy Trump.  Can't beat him in a fair election, so they impeach, sue, charge and bankrupt him.

It's how they are also going after legal gun owners and businesses.  That guy who was the victim of the ATF this week was the latest casualty in this lawfare landscape, having been investigated for 3 years only to be raided at 6AM and killed in his home for being allegedly in violation of a recently passed law regarding requirements for an FFL license to sell some number of guns.

We know Hawaii Governor Green is in on it, as he threatened he has good lawyers to go after anyone opposing the state's sunconstitutional actions.


It's not fair what these people can do with their position and power.

changemyoil66

Re: HPD blocking a Title I receiver transfer; VIOLATION OF LAW
« Reply #17 on: March 25, 2024, 03:10:11 PM »

It's not fair what these people can do with their position and power.

Add in, without any consequences like getting fired or going to jail.

changemyoil66

Re: HPD blocking a Title I receiver transfer; VIOLATION OF LAW
« Reply #18 on: March 25, 2024, 03:13:00 PM »
OP.

don't feel like you're the only guy getting screwed by HPD.  HIFICO was founded because HPD denied a permit to acquire to a legal permanent resident (not a US citizen). 

For another guy, a judge ordered he can get his guns back, HPD said no. He filed a lawsuit so now certain assaults doesn't take away your 2a right forever.

notrocketman

Re: HPD blocking a Title I receiver transfer; VIOLATION OF LAW
« Reply #19 on: March 28, 2024, 12:36:14 PM »
OP.

don't feel like you're the only guy getting screwed by HPD.  HIFICO was founded because HPD denied a permit to acquire to a legal permanent resident (not a US citizen). 

For another guy, a judge ordered he can get his guns back, HPD said no. He filed a lawsuit so now certain assaults doesn't take away your 2a right forever.


Hoping that I can reach the right people to help me in this situation...