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HRA Alert: Testimony Needed, First Gun Bill Hearing

Three gun bills are up for a hearing in the Hawaii Senate Public Safety Committee, Tuesday Feb 3, 2015.  Please send testimony and come and deliver it in person if you can for this important first hearing on our issues.

Go to the Hawaii State Legislature web site Hearing Notice: http://www.capitol.hawaii.gov/session2015/hearingnotices/HEARING_PSM_02-03-15_.HTM

See the last 3 bills on the notice.  Click on Status & Testimony for each bill number for the bill history, description, and full text.  Click on Sign In/Register.  Go back and click Submit Testimony, and follow the prompts. You can attach your testimony as a file, or type it in the “comments” box.  Please submit separate testimony for each of the 3 bills.  FOR YOUR TESTIMONY TO COUNT, PLEASE SEND BY 1:15 PM MONDAY, FEB. 3.

 SB 462  Relating To Firearms Possession.  HRA STRONGLY OPPOSES.  Requiring a sworn statement that all firearms are disposed of is a violation of individual 5th Amendment rights.

Under current Hawaii law, the county police “may” require individuals denied a permit to dispose of or turn in all firearms within thirty days of denial.  Requiring that the PD’s “shall” collect firearms removes the necessary discretion currently available in cases while the applicant needs opportunity to show a disability does not exist, particularly as pertains to medical records.

SB 473  HRA SUPPORTS.  The Law Enforcement Officers Safety Act (LEOSA), requiring the states to issue permits to carry concealed to retired law enforcement officers, passed the U.S. Congress 12 years ago.  Hawaii still has not implemented a satisfactory mechanism for issuing those permits.  The current system is burdensome, defeating the intent of the Federal Act.  This bill will help.

SB 955  Related to Shooting Ranges.  HRA STRONGLY SUPPORTS.  Nuisance lawsuits brought against lawful previously established shooting ranges, public and private, are often threatened by disgruntled neighbors and government agencies.  This bill helps protects vital places to shoot.  Mahalo to Sens. Gabbard and Slom for introducing it.

Legislation is like the lottery.  You can’t ever win if you don’t buy a ticket!

Mahalo,

Dr. Maxwell Cooper,

HRA Legislative Liaison

macooper.1941@gmail.com

808 225-6944

Legislative Report – January 2015

The Hawaii State Legislature opened January 21, 2015.  Your NRA/ILA Liaison from Sacramento, Dan Reid, and your HRA Legislative Liaison, Dr. Max Cooper, met with 17 key individual Hawaii State Legislators the week before session, advising them on our issues and soliciting their support.

Thanks to several favorable court decisions, it’s a good year to pursue pro-gun legislation.  State Legislators who support your rights have introduced several proactive bills.  Opponents of our gun rights are busy, too.  F-rated Karl Rhoads, House Judiciary Chair, has pared conservatives from his committee and is poised to hear and pass his anti-gun bills.  Tell your boss you’re going to need some days off from now through April so you can testify in person at hearings.  You’ll get notice of bills and hearings from HRA and NRA by e-mail, sometimes only 48 hours in advance.  Follow the process for yourself by signing up for notices on bills at http://www.capitol.hawaii.gov/.  HRA will post a list of bills when they are available later in January.

IF YOU’RE READY TO JOIN THE FRONT LINES IN THE FIGHT FOR YOUR RIGHTS, HERE’S WHAT YOU CAN DO:

1. Register to vote if you haven’t already.  (Military or non-residents, skip this step and go to 2)

Your Legislators can easily check to verify you live in their district and are a registered voter.  Their unwritten rules say they don’t have to talk to you if you are not voting constituents, and they are obligated to meet with you and listen if you are.  Go to http://hawaii.gov/elections/voters/registration.htm to register.

      2. Find out who are the Senator and the Representative for your area.  Go to the Hawaii State Legislature Home Page http://www.capitol.hawaii.gov/ and click on the upper right hand corner on “find your legislator” for their names and contact information.  Send both your Senator and your Representative an e-mail, fax or letter like this: 

Dear __________,

Second Amendment issues are very important to me.  I strongly urge you to put protection of gun rights high on your list of legislative priorities.  I believe gun control is going to be a significant issue this session, and I want to meet with you, discuss my concerns and enlist your support.  I will call your office to schedule an appointment.

Mahalo, ____________.

3. You will probably be ignored!  They get thousands of e-mails.  So, after a day or two, phone,         mention your earlier message, ask to speak to your Legislator or, if he or she is not available, talk to a staffer, and respectfully insist on an appointment.

4. Take a supportive pro-gun spouse, friend or relative from your district and a 1-page summary of your issues and concerns to meet your Legislator.  Allow time to find parking.  See the Talking Points article below.  Be nice!  Neighbor island supporters, no need to fly to Oahu!  Your Legislators come home almost every weekend and during scheduled recesses.  Some maintain offices in their districts.  Make an appointment for when they are on-island.  Invite them for coffee at a quiet cafe.

5.  Need help?  Contact Dr. Max Cooper, 808 225-6944 or macooper.1941@gmail.com.

…can you imagine fifty people a day, I said fifty people a day walking in singin’ a bar of Alice’s Restaurant and walking out? And friend, they may think it’s a movement.  Arlo Guthrie, Alice’s Restaurant, 1967.

Talking Points on Gun Control

Stuff you may want to share with family, friends, neighbors and your Legislators.  Invite them to the range!

Why private possession of guns is important for public safety:

Respected research, by authors Kleck (Point Blank), Lott (More Guns, Less Crime)*, shows that Americans use firearms about 2,500,000 times per year (most often with no shots fired) to avoid criminal attack, and that localities with more severe gun control laws have higher violent crime rates.  Gun control increases violent crime.  Private possession of firearms decreases violent crime.  50% of households nationwide have firearms.

Hawaii ownership is underestimated.  Compare our low reported rates to “undecided” voters in pre-election polls.  Would you tell a pollster you have firearms?  We enjoy a low violent crime rate thanks to our population demographics but that’s changing.  Our media reports daily violent crimes that could have been prevented by an armed victim.  Hawaii has enjoyed the same decrease in violent crime as the rest of the nation, while at the same time, firearms registrations in Hawaii and acquisitions nationwide have dramatically increased.

Hawaii firearms laws discourage law-abiding citizens from possessing firearms and need revision.  Our 2-week waiting period, for example, supposedly time for a response to mental background check letter sent to physicians.  Why should there be a waiting period and an extra trip during limited business hours to the county police station for an individual who already has registered firearms?  The US District Court for the Eastern District of California ruled  that was unconstitutional (Silvester v. Harris, August 22, 2014).

Why keep a firearm for self-defense?  Why not just call the police?  Although police love to interrupt a crime in progress, they are rarely there.  They mostly arrive after a crime has been committed, gather evidence and try to find the perpetrator.  Police response time is minutes to hours.  Firearms, like fire extinguishers, are tools to use until the professionals, firemen or police, find their way to you in your time of need.  Our government and police even have immunity against lawsuits for not showing up when called.

* Books available in the Legislative Reference Bureau library at the Capitol.

By Dr. Max Cooper, HRA Legislative Liaison

HRA Encouraging Individuals to Apply for a Concealed Carry Permit

HRA encourages all interested and eligible individuals to apply for a concealed carry permit. On Oahu the process requires a trip to the HPD station and they will not let you take the documents out of the station. We believe this is illegal and are looking into the problem. But, in the mean time you can download these documents (you don’t need to download the records release, or first two pages) and use them to make filling out the documents HPD gives you easier. 

You will still need to bring in two passport photos to complete the process.  

Past reports from the AG seem to under report the number of individuals that have applied for a CCW, so we would like to ask for your assistance in keeping a record of all those that applied and that were denied. To keep track of the denials, we are asking that anyone who gets denied send a copy of the denial to HRA President Harvey Gerwig (hghawaii@gmail.com). 

HRA Alert: Peruta vs. San Diego County

November 12, 2014

California’s Peruta case has taken a new turn further strengthening the case for amending Hawaii’s may issue/show need concealed carry statute.  California’s Attorney General and the Brady Campaign were too late to intervene in a favorable Ninth Circuit Court reversal decision.

History:  Mr. Ed Peruta and other plaintiffs, including the California Rifle and Pistol Association, challenged the County of San Diego and San Diego County Sheriff William Gore for denial of a concealed carry license but lost in US District Court, December 12, 2010.

The Ninth Circuit Court of Appeals reversed that decision February 14, 2014, and sent the case back to US District Court because “The District Court erred in denying the applicant’s motion for a summary judgement on the Second Amendment claim because San Diego County’s ‘good cause’ permitting requirement impermissiby infringes on the Second Amendment right to bear arms in lawful self-defense.”  The Ninth Circuit held that a responsible, law-abiding citizen has a right under the Second Amendment to carry a firearm in public for self-defense and that “self defense” was sufficient “good cause.”  

Present:  Sheriff Gore declined to file a petition for rehearing, so the Attorney General for the State of California and the Brady Campaign to Prevent Gun Violence “moved to intervene.”  On November 12, 2014, their intervention has been denied.  The decision against The County of San Diego and its Sheriff stands, in favor of Peruta.

The Ninth Circuit Court also hears appeals from Hawaii’s US District Court, and the plaintiffs’ claim is essentially the same as Chris Baker’s suit against HPD Chief Kealoha. In addition to Peruta, the same Ninth Circuit judges heard Baker v. Kealoha  at the same time and ruled similarly that Hawaii US District Judge Kay erred, opening an opportunity for appeal to the US Supreme Court.

Hawaii Rifle Association will ask supportive Hawaii State Legislators to introduce legislation to amend Hawaii’s carry statutes in the 2015 Legislature, opening Jan 15, 2015.