Jan. 10—The director of the Hawaii Firearms Coalition admonished the police department for taking six months to hold a hearing on changes required by a state law that was signed by the governor last summer.
As the Honolulu Police Department weighs compliance with newly enacted state laws, gun owners Tuesday flooded a hearing to weigh in on rules that will govern where firearms are not allowed, and the requirements for permits and licenses.
As of Tuesday, 1, 244 license-to-carry applications for 1, 754 firearms have been approved on Oahu.
State law effective Jan. 1 brings Hawaii into compliance with a June 2022 U.S. Supreme Court decision that limits states’ abilities to restrict the carrying of firearms in public spaces, and also amends the requirements for, and revocation of, firearm permits and licenses.
Honolulu Police Chief Arthur “Joe ” Logan announced Dec. 29 that the state’s Act 52 will be the minimum standard for Oahu’s rules, on which the department is seeking input before finalizing. Tuesday’s hearing was the second session for public testimony.
Starting at 10 :08 a.m., testifiers were brought through security, 10 at a time, into the first-floor HPD conference room at the department’s Alapai Street headquarters before Lynne Uyema, HPD senior legal counsel, Assistant Chief Glenn Hayashi, Acting Maj. Carlene Lau and Maj. Joseph “Jay ” Trinidad. The first tranche of more than 100 pages of testimony submitted to HPD is available on the department’s firearm website.
Those who showed up had two minutes to share their suggestions for how HPD should comply with Act 52.
Butch Helemano, who runs the Firearm Training Certification School on the North Shore, asked the panel to make it so license-to-carry affidavits can be mailed or emailed to get approval. He also asked that the training required pertaining to domestic violence and suicide prevention be allowed to continue in digital or video format.
“We’ve been educating people not only on the laws of self-defense, but the laws governing guns along with the aspect of suicide and abuse, ” said Helemano, the 2001 Hawaii Music Award winner for best reggae album. “That’s been part of our topics that we’ve done for years, only this time it’s mandated to do so. I thank you for allowing us to continue what we’re doing. Now if we can just continue it on into the future, ” he told the panel.
In written testimony submitted Tuesday, Evelyn Hao, a retired teacher and school principal, expressed her support for requiring a safety course for every new firearm a permitted person acquires.
“Refining the rules to ensure a safer environment is crucial, ” she said. “For example, the requirement to pass a safety test each time a person buys a new gun is reasonable, even though they already have permitted guns. Taking a safety training keeps the gun owner up-to-date with his /her responsibilities in owning a gun. This also helps to keep citizens safe. Please put our lives—moms, dads, kupunas, keiki—first, above the ability of others to own and use guns.”
One of the proposed amendments allows the chief to determine whether the applicant has “the essential character or temperament necessary to be entrusted with a firearm.” The chief “shall consider ” any “information from a health care provider indicating that the person has had suicidal or homicidal thoughts or tendencies within the preceding five years.”
The applicant will have to provide a “completed and signed HIPAA (Health Insurance Portability and Accountability Act ) compliant authorization or release of all mental health information, including psychiatric, behavioral health, and substance abuse information, from all medical sources, including but not limited to all health care providers, health care plans, clinics, laboratories, pharmacies, medical facilities, other health care providers, and government entities.”
The applicant also has to finish “any forms required by the applicant’s health care provider or relevant government entity for release of mental health information ” and the completed and signed “State of Hawaii, Adult Mental Health Division Authorization for Use or Disclosure of Protected Health Information form ” if required by the state law.
Andrew Namiki Roberts, director of the Hawaii Firearms Coalition, admonished the department for taking six months to hold a hearing on changes required by a state law that was signed by the governor last summer.
“Thank you for having this meeting, at last. The Police Department had six months to do this. … You guys are doing it now, implementing the rules already. … We’re already seeing these rules put into effect, ” said Roberts, addressing the panel Tuesday morning.
His biggest concern is the waivers of the HIPAA allowing police five years of access to mental health records.
“That’s unacceptable. There is a lot of discretion being implied in the rules with regards to how the chief looks at people’s backgrounds. We’re treating permits to acquire differently to how we are treating carrying firearms. The Constitution says the right to keep and bear arms. It’s not the right to keep arms if you do one thing and the right to bear arms if you do another.”
Namiki Roberts isn’t happy that the rules suggest police will consider what a gun owner might do, not what they have done, when deciding whether they may lawfully carry.
The application process to get a gun is now 40 days, up from 14, and applicants have to complete a training course with an instructor certified by the state or police.
Thirty-nine instructors have applied, and 28 of them have been verified thus far.
HPD started issuing concealed-carry weapon licenses Dec. 29, 2022.
Senate Bill 1230, which was signed June 2 by Gov. Josh Green as Act 52, and city Ordinance 23-6, which took effect May 1, designate schools, government buildings, public transport, bars and certain other settings as places where a person cannot carry a gun. Places not deemed sensitive can decide whether guns are welcome on their properties.
Under the city ordinance, businesses or “charitable establishments ” that do allow firearms are required to clearly display a city-issued “guns allowed ” poster in their storefronts.
HPD lists the following basic rules for gun ownership :—No sign is required if the business owner or organization does not allow guns, so the absence of a poster automatically indicates that firearms are not allowed.—Gun sales will be allowed only to those 21 years or older, and applications must be made in person at the Police Department. Applicants need a valid photo identification and a completed permit to acquire application.—Police need to know the name, address and telephone number of the seller. Applicants have to sign a mental health waiver, a medical information waiver and a firearms application /questionnaire.—They must also pay a background check fee of $43.25 in cash, exact change only. If applicants want to use a debit or credit card, it will cost $44.55 with the service fee. The background check “includes, but is not limited to ” warrant checks, local and national arrest history, local and national criminal history, local and national criminal convictions, any pending cases and temporary restraining orders.—An original hunters education card or an original handgun safety training course affidavit is required for handgun owners.—Original documentation of proof of U.S citizenship or a U.S. passport, naturalization certificate or born-abroad birth certificate is also required.—There is a 14-day waiting period on all permits, according to police, and after the 14-day waiting period, the permit will be valid for only six calendar days.
Permits not picked up by the sixth day will be voided, according to HPD.
The testimony and proposed rules can be found at ; hard copies are available at the Firearms Unit at HPD’s headquarters from 7 :45 a.m. to 4 :30 p.m. Monday through Friday.
Email HPDLTC @honolulu.gov to obtain a free copy.
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