Rifle Association: “High Likelihood of Legal Action”
KHON: Bill Richter, president of Lessons in Firearms Education says the new law won’t work the way it’s intended, instead putting a burden on gun owners.
“I think it’s a mistake I think the intentions were good behind it like many of the gun laws that are proposed and eventually enacted. I think it will be ineffective. I think there’s some constitutional issues that need to be addressed, and I think Hawaii trying to be innovative is going to find instead that they’re going to be saddled with costs that they are not anticipating including possible cost to defend legal actions,” said Richter.
Harvey Gerwig of The Hawaii Rifle Association says requiring gun owners to be part of a federal database in unconstitutional.
“The rap back issue violates the 1986 regulation. The federal elation of no database on firearms owners. So we’re very disappointed, and the likelihood is quite high that it will require legal action,” said Gerwig....
read … Lawsuit
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Ige’s Rap Back Violates 1986 Federal Law
G: …gun rights advocates with the Hawaii Rifle Association argue the new law may violate long-standing federal prohibitions.
The Firearms Owners’ Protection Act, signed into law by President Ronald Reagan in 1986, specifically bans the establishment of any federal system of registration of firearms, firearm owners, or firearm transactions.
“It states that the Federal Government will not be able to maintain a database on gun owners, and that’s exactly what this is,” HRA Board Member Bill Richter told local media. “It’s a biometric database maintained by the FBI. So every time a gun owner goes in to register a new gun after purchase, they’ll be entered into this ‘Rap Back’ system … and we’re just kind of waiting to see what the Attorney General says.”
As Act 108, the new law takes effect immediately….
read … Guns.com
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HAWAI‘I BECOMES FIRST STATE IN NATION TO ENROLL FIREARMS OWNERS IN CENTRALIZED INFORMATION SYSTEM
News Release from Office of the Governor June 23, 2016
HONOLULU – Gov. David Ige signed SB 2954 (ACT 108) which authorizes county police departments in Hawai‘i to enroll firearms applicants and individuals registering their firearms, in a criminal record monitoring service.
The system, also known as the “Rap Back” system, is a service of the Federal Bureau of Investigation that provides continuous criminal record monitoring for authorized government agencies such as law enforcement agencies. The service notifies the agencies when a firearm owner is arrested for a criminal offense anywhere in the country. This will allow county police departments in Hawai‘i to evaluate whether the firearm owner may continue to legally possess and own firearms. The law also authorizes the Hawai‘i Criminal Justice Data Center to access firearm registration data.
“This is about our community’s safety and responsible gun ownership. This system will better enable our law enforcement agencies to ensure the security of all Hawai‘i residents and visitors to our islands. This bill has undergone a rigorous legal review process by our Attorney General’s office and we have determined that it is our responsibility to approve this measure for the sake of our children and families,” said Gov. David Ige.
Gov. Ige also signed HB 625 (ACT 109) and HB 2632 (ACT 110) Relating to Firearms.
HB 625 specifies that harassment by stalking and sexual assault are among the offenses that disqualify a person from owning, possessing or controlling any firearm or ammunition.
HB 2632 requires firearms owners to surrender their firearms and ammunition to the Chief of Police if they have been disqualified from owning a firearm and ammunition for the following reasons: Diagnosis of significant behavioral, emotional, or mental disorder, or emergency or involuntary hospitalization to a psychiatric facility. This measure authorizes the Chief of Police to seize firearms and ammunition if a disqualified firearms owner fails to surrender the items after receiving written notice.
HuffPo Exults: Unlike Congress, Hawaii Takes Action On Gun Control
NRA: Hawaii Bill Would Database Gun Owners For Special Scrutiny