Pistol from Father in Law estate (Read 6554 times)

Texan

Pistol from Father in Law estate
« on: February 09, 2013, 08:37:56 AM »
Hello,
 
My name is Joe. I'm here in Honolulu due to the death of my Wife Father. We have come across a pistol in his estate, it is a old Browning .380/9mm. I was advised to take it to the HPD to find out if it is registered in Hawaii. Where if it wasn't they would probally confiscate the gun. Not wanting to break any laws I took it to the Firearms Division of the HPD (and if I may say, waited in a very long line).

When I got to the window I explained to the officer that I was from out of state due to the death of my Father In Law and we had found the pistol and did not know if it had been  registered (by the way it had not been registered). We were here to do the right thing but I sure didn't want to loose the gun. To my suprise the officer after discussing this with someone behind a cubical asked me what I wanted to do with it. I said I would like to keep it.

We then talked about shipping it home through a FFL but we wouln't have a Death Certificate for weeks. He said that would/might be a problem. I then asked about taking the  pistol home with me on the plane. He didn't think that would be a problem (of course I would need to declare the gun at the airport). This is where I still don't feel comfortable with this situation. I haven't been able to find anyone at the airline to advise me on this (taking an unregistered gun out of Hawaii) and waiting to get to the airport with the gun to find out concerns me.

So I have come here to ask for advice, what do you guys and gals think?

Thanks in advance,
NRA and USPSA Member. I am actively involved in local Area 4 USPSA matches and carry a B class rating.

buckjay

Re: Pistol from Father in Law estate
« Reply #1 on: February 09, 2013, 09:34:39 AM »
No worries at all.. I don't think you guys need to even register them in Texas (assuming that is where you're going... I'm just guessing based on your forum handle).

Texan

Re: Pistol from Father in Law estate
« Reply #2 on: February 09, 2013, 09:45:17 AM »
No worries at all.. I don't think you guys need to even register them in Texas (assuming that is where you're going... I'm just guessing based on your forum handle).

That's correct no gun registration in Texas and yes we are going back to Texas.

Thanks
NRA and USPSA Member. I am actively involved in local Area 4 USPSA matches and carry a B class rating.

Paul96734

Re: Pistol from Father in Law estate
« Reply #3 on: February 09, 2013, 10:20:48 AM »
A friend of mine who works at United helped my brother ship his handguns home to Virginia. You must declare the gun to the airline check-in agent who will have you fill out a form from the airline, then it must be placed in a locked box (that you only have the key for it)and inserted within a checked suitcase (no carry-ons lol). After that you have to alert the TSA agent who screens the checked-in luggage near the counter, show him your paperwork if need be, that it is already inside your bag to avoid having your bag pulled and searched. The time that this proccess will take might add an addiitonal 30 to 45 minutes for your check-in so plan accordingly.

Hope this helps.
« Last Edit: February 09, 2013, 10:29:12 AM by Paul96734 »

Tom_G

Re: Pistol from Father in Law estate
« Reply #4 on: February 09, 2013, 10:37:41 AM »
Aloha Texan,

You don't need to worry about traveling with an unregistered gun.  Registration is a requirement only to possess the gun in Hawaii.  The airlines do not monitor, enforce, or even care about registration. 

Place the gun in a hard-sided container.  Lock the container.  Do NOT use a TSA lock.  You can either check that container, or place it in another bag and check that.  When you check the bag, tell the friendly airline clerk that you have an unloaded firearm.  A few things will happen:
1. You will be given a small form to fill out and place inside the gun case.
2. You will be taken out of line and introduced to a friendly TSA agent.
3. Under your supervision, the TSA agent will ask you to open your gun case, and they will inspect the contents.
4. The TSA agent will watch you close and lock the case.
5. Your bag will be placed on the conveyor belt, and you will go on with the boarding process.

That's it!
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

Haoleb

Re: Pistol from Father in Law estate
« Reply #5 on: February 09, 2013, 11:17:58 AM »
Aloha Texan,

You don't need to worry about traveling with an unregistered gun.  Registration is a requirement only to possess the gun in Hawaii.  The airlines do not monitor, enforce, or even care about registration. 

Place the gun in a hard-sided container.  Lock the container.  Do NOT use a TSA lock. You can either check that container, or place it in another bag and check that.  When you check the bag, tell the friendly airline clerk that you have an unloaded firearm.  A few things will happen:
1. You will be given a small form to fill out and place inside the gun case.
2. You will be taken out of line and introduced to a friendly TSA agent.
3. Under your supervision, the TSA agent will ask you to open your gun case, and they will inspect the contents.
4. The TSA agent will watch you close and lock the case.
5. Your bag will be placed on the conveyor belt, and you will go on with the boarding process.

That's it!

The whole lock thing is where most people get confused I think. Its about 50/50 people saying use TSA locks, Dont use TSA locks. officially you are NOT supposed to use TSA locks because of course a master key opens any of them and theres probably thousands of those keys floating around. You should be the only one in control of that case and the only one who can open it. Do not at any time let them open it without you preset or give them the key. Flying with guns is easy (as long as you do not fly to or through new york..a whole issue in itself) just familiarize yourself with the procedures because in my experience airline employees are not very familiar. Allow some extra time for them to dick around with the process and also don't walk up and say " I have a gun" just say you have a firearm to declare.

Texan

Re: Pistol from Father in Law estate
« Reply #6 on: February 09, 2013, 05:31:58 PM »
Thanks to all that replied, my main worry was declaring an unregistered weapon here in Hawaii. I now feel confident that there wont be any problems going through HNL airport. If any of you guys are ever in the Houston area ck out the Texassouthsection web site for any weekend USPSA or Steel Challenge (3 gun as well) shoots. That is if you can find some ammo  :wave:

Later,
Joe
NRA and USPSA Member. I am actively involved in local Area 4 USPSA matches and carry a B class rating.

lippy laroux

Re: Pistol from Father in Law estate
« Reply #7 on: February 09, 2013, 06:05:11 PM »
So based upon the previous posts I would assume a guy could LEGALLY sell a firearm and ship or allow the buyer to ship or "Cash and Carry" If they are out of state buyers??

Anyone clarify this?

Tom_G

Re: Pistol from Father in Law estate
« Reply #8 on: February 09, 2013, 07:13:08 PM »
So based upon the previous posts I would assume a guy could LEGALLY sell a firearm and ship or allow the buyer to ship or "Cash and Carry" If they are out of state buyers??

Anyone clarify this?

You can legally sell a firearm out-of-state, yes. There are distinctions, though. If the buyer is outside the state, say on Gunbroker.com, no worries. If you take your gun to the mainland to meet a buyer, sure.  However, If someone from another state walks up to you here in Hawaii, they must have a permit to acquire.
« Last Edit: February 09, 2013, 07:18:39 PM by Tom_G »
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moosed

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Re: Pistol from Father in Law estate
« Reply #9 on: February 09, 2013, 08:08:03 PM »
So based upon the previous posts I would assume a guy could LEGALLY sell a firearm and ship or allow the buyer to ship or "Cash and Carry" If they are out of state buyers??

Anyone clarify this?

http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-transfer

Quote
From the ATF Website above:

 ... if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be shipped to an FFL in the buyer’s State. The FFL will be responsible for record keeping.

So, ATF requires any out-of-state sales between private-parties to be transacted using an FFL in the buyer's area.  No "cash and carry" or direct mailing is allowed if the parties are not residing in the same state.

I'm not the expert.  This is just from the ATF website.   :geekdanc:
When only cops have guns, it's called a "police state".

moosed

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Re: Pistol from Father in Law estate
« Reply #10 on: February 09, 2013, 08:17:22 PM »
You can legally sell a firearm out-of-state, yes. There are distinctions, though. If the buyer is outside the state, say on Gunbroker.com, no worries. If you take your gun to the mainland to meet a buyer, sure.  However, If someone from another state walks up to you here in Hawaii, they must have a permit to acquire.

According to the Hawaii gun laws, only Hawaii residents require a permit to acquire.

Quote
Reference §HRS 134-2

No person shall acquire the ownership of a firearm, whether usable or unusable, serviceable or unserviceable, modern or antique, registered under prior law or by prior owner or unregistered, either by purchase, gift, inheritance, bequest, or in any other manner, whether procured in the state or imported by mail, until the person has first procured from the chief of police of the county that the person is in, a permit to acquire the ownership of a firearm as prescribed in this section.

According to the above, you must apply to the chief of police "of the county that the person is in".  That implies to me you only need the permit to acquire if you're a Hawaii resident.  I doubt Hawaii cares about a gun permit if the gun is leaving the state.

I might be wrong, but that's how I read it.  :shaka:

http://www.honolulupd.org/information/index.php?page=gunapplication
When only cops have guns, it's called a "police state".

Gd4udog

Re: Pistol from Father in Law estate
« Reply #11 on: February 09, 2013, 08:48:01 PM »
  So if I'm flying to , say California to pickup some firearms that I inherited and don't have any paper work.... I would only need a lockable hard case and would be required
to register them with in 3 days of arriving back home in honolulu?  Correct ?

Tom_G

Re: Pistol from Father in Law estate
« Reply #12 on: February 09, 2013, 08:53:04 PM »
  So if I'm flying to , say California to pickup some firearms that I inherited and don't have any paper work.... I would only need a lockable hard case and would be required
to register them with in 3 days of arriving back home in honolulu?  Correct ?

Correct.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

Tom_G

Re: Pistol from Father in Law estate
« Reply #13 on: February 09, 2013, 08:55:30 PM »
According to the Hawaii gun laws, only Hawaii residents require a permit to acquire.

According to the above, you must apply to the chief of police "of the county that the person is in".  That implies to me you only need the permit to acquire if you're a Hawaii resident.  I doubt Hawaii cares about a gun permit if the gun is leaving the state.

I might be wrong, but that's how I read it.  :shaka:

http://www.honolulupd.org/information/index.php?page=gunapplication

You're misreading it. It isn't Hawaii residents, it's anyone within the confines of the state. Nowhere does it say 'resident.' however, resident or not, if you are in a county of Hawaii, you need a permit.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

Gd4udog

Re: Pistol from Father in Law estate
« Reply #14 on: February 09, 2013, 10:47:04 PM »
Mahalo!  TOM_G

moosed

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Re: Pistol from Father in Law estate
« Reply #15 on: February 09, 2013, 11:16:10 PM »
You're misreading it. It isn't Hawaii residents, it's anyone within the confines of the state. Nowhere does it say 'resident.' however, resident or not, if you are in a county of Hawaii, you need a permit.

Right.  But with the federal laws for intrastate private sales, you are going to have to transfer the gun to the buyer using their FFL anyway.  Might as well transfer the firearm to a Hawaii FFL (no waiting period) and then arrange a transfer between them and the buyer's FFL. 
When only cops have guns, it's called a "police state".

hnl.flyboy

Re: Pistol from Father in Law estate
« Reply #16 on: February 09, 2013, 11:43:29 PM »
I'm sorry for your loss, Texan.  Everyone has commented good info here, and I wish you luck.  Take care!
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Texan

Re: Pistol from Father in Law estate
« Reply #17 on: March 05, 2013, 04:25:33 PM »
Follow up fellows, after four weeks in Honolulu I finally made it home Sunday. I have to admitt that I was concerned about taking the gun to the airport but all turned out well. I declared the weapon and signed the form then waited 15 minutes to be cleared. Had no problems and got home without any problems. Thanks again for all who responded.

Joe
NRA and USPSA Member. I am actively involved in local Area 4 USPSA matches and carry a B class rating.

BananaClip

Re: Pistol from Father in Law estate
« Reply #18 on: March 05, 2013, 08:42:23 PM »
It's nice to know....that you're bringing the firearm to it's rightful geographic location....Texas, where guns are understood.... :thumbsup:
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