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displacednavycop
01-09-2010, 9:39 AM
Hey, i know this might not be the perfect forum but Im a california Native and still have strong ties to California (will probally retire there) and i am being stationed in Pearl Harbor, Hawaii. Anyone have any good info about the gun laws overthere? Any help is greatly apperciated.

SJgunguy24
01-09-2010, 9:45 AM
Pretty much the same as Cali. IIRC. http://www.hawaiirifleassociation.org/

Vin496
01-09-2010, 9:53 AM
Pretty much the same as Cali. IIRC. http://www.hawaiirifleassociation.org/

That is no where near close to California. We thought we had it bad, that is plain old Gestapo style there.

CCWFacts
01-09-2010, 6:18 PM
It's probably more anti-gun than this state is. CCW is possible here, it's impossible there. They have some kind of AWB, not sure of the details. Carrying illegally (all carrying is illegal there) is a felony, not a misdemeanor as it is here.

Unfortunately their society is made up of people who came from feudalism within very recent memory. The Hawaiian system was a rigid caste system. A commoner could be killed for touching a noble. The Kapu system existed officially until 1819. The other large group in Hawaii are Japanese immigrants, who also came from a feudal caste system, where only those born into the samurai caste were allowed to possess weapons.

So they are screwed.

The good news is they are part of the 9th Circuit (same as us), so a win in Sykes and these other cases will have an immediate impact on them. Also their CCW law is quite similar to ours in its structure so a Hawaiian follow-up to Sykes will be easy. And once CCW gets started there, the Kapu system will finally be laid to rest.

erik18
01-09-2010, 6:48 PM
My buddy lives out there and has a non nuetered stag 2t. No ban on ARs...

Window_Seat
01-09-2010, 7:00 PM
Maybe it might be a surprise to some (as was me) to find that Hawaii actually has a RTKBA in Article 1, Section 17:

A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. [Ren Const Con 1978 and election Nov 7, 1978]

So why are the GLs more draconian than here in CA where there is no RTKBA in it's Constitution?

Maybe the esteemed Mr. Hoffman can chime in on this one.

Erik.

CCWFacts
01-09-2010, 7:13 PM
Maybe it might be a surprise to some (as was me) to find that Hawaii actually has a RTKBA in Article 1, Section 17:

Yes indeed, it has the 2A, word for word, in its constitution.

So why are the GLs more draconian than here in CA where there is no RTKBA in it's Constitution?

Good question. The fundamental problem is that challenges based on the Hawaii state RKBA must occur in state courts, and Hawaiian state courts have no sympathy for the RKBA. They don't care what the Hawaii state constitution says.

The essential case in Hawaii was State v. Mendoza, in which Mr. Mendoza was convicted of a felony for carrying without a CCW.

Unfortunately he started carrying without a good legal strategy or legal resources, and he put everyone around on notice that he was doing it, and it was in the early 90s before there were gun forums which could mobilize support for him. Now he has a felony conviction. Mr. Mendoza now lives in California, and can't own a gun due to his conviction.

It sucks. It shows what can happen when someone goes in with the belief that "I'm right so I'll win", without a solid legal strategy in place. Mr. Mendoza's convictions lead to a conviction! I fear that a handful of open carry people in this state are going down the same path.

I'm hopeful that State v. Mendoza will be overturned someday soon. I would think it needs to happen in Federal court, which does not give a fart about Hawaii's feudalistic cultural baggage.

ccandgc
01-09-2010, 7:23 PM
my non-neutered pre ban CAR-15 and BM-59 are there, along with all their pretty magazines....:( We left 3 years ago.....if the regs are the same, you can go to HPD and apply for a rifle/shotgun permit, and cash and carry, thats not so bad.....AK's, folding stocks.....some things aren't so bad.

CCWFacts
01-09-2010, 7:27 PM
my non-neutered pre ban CAR-15 and BM-59 are there, along with all their pretty magazines....:( We left 3 years ago.....if the regs are the same, you can go to HPD and apply for a rifle/shotgun permit, and cash and carry, thats not so bad.....AK's, folding stocks.....some things aren't so bad.

I think their AWB is weaker than ours. Their mag ban is also weaker. Haw. Rev. St at. 134-8(c) (http://codes.lp.findlaw.com/histatutes/1/10/134/I%20%282%29/134-8) bans large capacity (greater than 10 rounds) mags only for pistols, so presumably your AK / AR can have normal capacity mags there. However it looks like the statute also bans simple possession of such mags, unlike California's statute which criminalizes import and transfer, but not simple possession.

Haw. Rev. Stat. 134-26 Statute on carrying a loaded gun (http://codes.lp.findlaw.com/histatutes/1/10/134/I%20%282%29/134-26)

Haw. Rev. Stat. 134-9 Statute on license to carry (http://codes.lp.findlaw.com/histatutes/1/10/134/I%20%282%29/134-9)

GM_77
01-09-2010, 7:34 PM
It's probably more anti-gun than this state is. CCW is possible here, it's impossible there. They have some kind of AWB, not sure of the details. Carrying illegally (all carrying is illegal there) is a felony, not a misdemeanor as it is here.

Unfortunately their society is made up of people who came from feudalism within very recent memory. The Hawaiian system was a rigid caste system. A commoner could be killed for touching a noble. The Kapu system existed officially until 1819. The other large group in Hawaii are Japanese immigrants, who also came from a feudal caste system, where only those born into the samurai caste were allowed to possess weapons.

So they are screwed.

The good news is they are part of the 9th Circuit (same as us), so a win in Sykes and these other cases will have an immediate impact on them. Also their CCW law is quite similar to ours in its structure so a Hawaiian follow-up to Sykes will be easy. And once CCW gets started there, the Kapu system will finally be laid to rest.

The constitution was not created by the HPD (Honolulu Police Department) or recent politicians (in the past 20 years). So I assume it was made by sensible people that tried to make the state constitution similar to the lower 48. I know the HPD has their hands deep in forging the gun laws in Hawaii over the past 20 years or more. So that is probably why the gun laws read like a wish list for gun control advocates yet the constitution has that RTKBA.

Also Hawaii hasn't ever been a frontier type state so there isn't much of a traditional gun culture like you see in the lower 48+Alaska. Hunting isn't a big thing either so its just very easy for gun control advocates to get their fix in. That is why they are screwed in terms of ever getting hi-caps or AW.

Also, I grew up in Hawaii and I feel little has to do with the "Kapu" system or the Haitourei edict. In fact I see very little influence compared to influence from the missionaries.

Also the Haitourei edict (what CCWFacts might be referring to when he thought that Japanese farmers couldn't own weapons) banned open carry and CCW (lol) of Katana's in the 1870. Ownership of the weapon was allowed by all and the Samurai class officially died 3 years after the implementation of that edict anyway.

Window_Seat
01-09-2010, 7:58 PM
Another good answer here (http://www.calguns.net/calgunforum/showpost.php?p=3521993&postcount=37)

Erik.