Why is it that everyone pro gunnignores the first line of FOPA

(a) The Attorney General may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter, including—

As long as the AG is not telling the state to make a registration. The states are free to make their own

Why is it that everyone pro gunnignores the first line of FOPA

(a) The Attorney General may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter, including—

As long as the AG is not telling the state to make a registration. The states are free to make their own

Actually the states are not allowed to make their own, they are specifically prohibited from making one. Now they can ban classes of firearms, calibers and so on, but they cannot make any registration scheme after May 19, 1986, UNLESS, they already had one in place. Did Hawaii have gun registration in place by law prior to that date? If yes then we are just SOL and will have to live with it. If not, then we have standing to contest it along with any other violation of FOPA. But just as NYC violates FOPA, its difficult to fight the man with deep pockets and holds the key to the jail cells.

Please educate me if I am incorrect.

 

Entire section -

§ 926. Rules and regulations

(a) The Attorney General may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter, including—
(1) regulations providing that a person licensed under this chapter, when dealing with another person so licensed, shall provide such other licensed person a certified copy of this license;
(2) regulations providing for the issuance, at a reasonable cost, to a person licensed under this chapter, of certified copies of his license for use as provided under regulations issued under paragraph (1) of this subsection; and (3) regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)( 8 ) or (g)( 8 ) of section 922.

No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established. Nothing in this section expands or restricts the Secretary’s 1 authority to inquire into the disposition of any firearm in the course of a criminal investigation.
{This paragraph defines the limits of rules and regulations of 926(a) for registration and is stand alone, not a subsection of this or any other paragraph}

(b) The Attorney General shall give not less than ninety days public notice, and shall afford interested parties opportunity for hearing, before prescribing such rules and regulations.

(c) The Attorney General shall not prescribe rules or regulations that require purchasers of black powder under the exemption provided in section 845(a)(5) of this title to complete affidavits or forms attesting to that exemption.

(Added Pub. L. 90–351, title IV, § 902, June 19, 1968, 82 Stat. 234; amended Pub. L. 90–618, title I, § 102, Oct. 22, 1968, 82 Stat. 1226; Pub. L. 99–308, § 106, May 19, 1986, 100 Stat. 459; Pub. L. 103–322, title XI, § 110401(d), Sept. 13, 1994, 108 Stat. 2015; Pub. L. 107–296, title XI, § 1112(f)(6), Nov. 25, 2002, 116 Stat. 2276.)

REFERENCES IN TEXT
The date of the enactment of the Firearms Owners’ Protection Act, referred to in subsec. (a), is the date of enactment of Pub. L. 99–308, which was approved May 19, 1986.

AMENDMENTS
2002—Subsecs. (a) to (c). Pub. L. 107–296 substituted ‘‘Attorney General’’ for ‘‘Secretary’’.
1994—Subsec. (a)(3). Pub. L. 103–322 added par. (3).
1986—Subsec. (a). Pub. L. 99–308, § 106(1)–(4), designated existing provision as subsec. (a), and in subsec. (a) as so designated, in provision preceding par. (1) substituted ‘‘may prescribe only’’ for ‘‘may prescribe’’ and ‘‘as are’’ for ‘‘as he deems reasonably’’, and in closing provision substituted provision that no rule or regulation prescribed after May 19, 1986, require that records required under this chapter be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof, nor any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established and that nothing in this section expand or restrict the authority of the Secretary to inquire into the disposition of any firearm in the course of a criminal investigation for provision that the Secretary give reasonable public notice, and afford an opportunity for a hearing, prior to prescribing rules and regulations. Subsecs. (b), (c). Pub. L. 99–308, § 106(5), added subsecs. (b) and (c).

So does one need to become a cop to ccw legally in Hawaii?

Basically.

There was a case a few years ago where a Hawaii businessman resident shot someone in stadium park. Turned out he had some type pf reserve status as an officer in another state even though he wasn't an active police officer.

Actually the states are not allowed to make their own, they are specifically prohibited from making one. Now they can ban classes of firearms, calibers and so on, but they cannot make any registration scheme after May 19, 1986, UNLESS, they already had one in place. Did Hawaii have gun registration in place by law prior to that date? If yes then we are just SOL and will have to live with it. If not, then we have standing to contest it along with any other violation of FOPA. But just as NYC violates FOPA, its difficult to fight the man with deep pockets and holds the key to the jail cells.

Please educate me if I am incorrect.

 

Entire section -

§ 926. Rules and regulations

(a) The Attorney General may prescribe only such rules and regulations as are necessary to carry out the provisions of this chapter, including—
(1) regulations providing that a person licensed under this chapter, when dealing with another person so licensed, shall provide such other licensed person a certified copy of this license;
(2) regulations providing for the issuance, at a reasonable cost, to a person licensed under this chapter, of certified copies of his license for use as provided under regulations issued under paragraph (1) of this subsection; and (3) regulations providing for effective receipt and secure storage of firearms relinquished by or seized from persons described in subsection (d)( 8 ) or (g)( 8 ) of section 922.

No such rule or regulation prescribed after the date of the enactment of the Firearms Owners’ Protection Act may require that records required to be maintained under this chapter or any portion of the contents of such records, be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or any political subdivision thereof, nor that any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established. Nothing in this section expands or restricts the Secretary’s 1 authority to inquire into the disposition of any firearm in the course of a criminal investigation.
{This paragraph defines the limits of rules and regulations of 926(a) for registration and is stand alone, not a subsection of this or any other paragraph}

(b) The Attorney General shall give not less than ninety days public notice, and shall afford interested parties opportunity for hearing, before prescribing such rules and regulations.

(c) The Attorney General shall not prescribe rules or regulations that require purchasers of black powder under the exemption provided in section 845(a)(5) of this title to complete affidavits or forms attesting to that exemption.

(Added Pub. L. 90–351, title IV, § 902, June 19, 1968, 82 Stat. 234; amended Pub. L. 90–618, title I, § 102, Oct. 22, 1968, 82 Stat. 1226; Pub. L. 99–308, § 106, May 19, 1986, 100 Stat. 459; Pub. L. 103–322, title XI, § 110401(d), Sept. 13, 1994, 108 Stat. 2015; Pub. L. 107–296, title XI, § 1112(f)(6), Nov. 25, 2002, 116 Stat. 2276.)

REFERENCES IN TEXT
The date of the enactment of the Firearms Owners’ Protection Act, referred to in subsec. (a), is the date of enactment of Pub. L. 99–308, which was approved May 19, 1986.

AMENDMENTS
2002—Subsecs. (a) to (c). Pub. L. 107–296 substituted ‘‘Attorney General’’ for ‘‘Secretary’’.
1994—Subsec. (a)(3). Pub. L. 103–322 added par. (3).
1986—Subsec. (a). Pub. L. 99–308, § 106(1)–(4), designated existing provision as subsec. (a), and in subsec. (a) as so designated, in provision preceding par. (1) substituted ‘‘may prescribe only’’ for ‘‘may prescribe’’ and ‘‘as are’’ for ‘‘as he deems reasonably’’, and in closing provision substituted provision that no rule or regulation prescribed after May 19, 1986, require that records required under this chapter be recorded at or transferred to a facility owned, managed, or controlled by the United States or any State or political subdivision thereof, nor any system of registration of firearms, firearms owners, or firearms transactions or dispositions be established and that nothing in this section expand or restrict the authority of the Secretary to inquire into the disposition of any firearm in the course of a criminal investigation for provision that the Secretary give reasonable public notice, and afford an opportunity for a hearing, prior to prescribing rules and regulations. Subsecs. (b), (c). Pub. L. 99–308, § 106(5), added subsecs. (b) and (c).

I don't fully understand legal notes on laws but here is the Hawaii state law on this.
https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0003.htm

On the bottom notes it says
[L 1988, c 275, pt of §2; am L 1994, c 204, §4; am L 1999, c 217, §2; am L 2007, c 9, §7; am L 2013, c 254, §2; am L 2016, c 108, §3]

If 1988 is the oldest date mentioned under this law does that mean this is when it was first passed? It might be that the state started it after the 1986 year mentioned in the federal law.

Unless maybe there was some law prior that already required registration?

I think London808 explained it clearly.

I think London808 explained it clearly.

I explained it how my lawyer explained it to me.

I explained it how my lawyer explained it to me.

I understand what it says but the Federal Government is prohibited from making a registry.  Rapback and the state using that as a defacto registry at the Federal level needs to be challenged.

I understand what it says but the Federal Government is prohibited from making a registry.  Rapback and the state using that as a defacto registry at the Federal level needs to be challenged.

The problem is that unless the AG ordered them to do so then its not a violation of FOPA.

The problem is that unless the AG ordered them to do so then its not a violation of FOPA.

I would see it as a violation of the federal statute of creating a owners list at the federal level.

Hawaii fine. Federalno.

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