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Surrender Your Guns, Police Tell Hawaiian Medical Marijuana Patients

November 27, 2017
(DmyTo/iStock)
The Honolulu Police Department has sent letters to local medical marijuana patients ordering them to “voluntarily surrender” their firearms because of their MMJ status.

This may be the first time a law enforcement agency has sought out state-registered medical marijuana patients and ordered them to surrender their guns.

The letters, signed by Honolulu Police Chief Susan Ballard, inform patients that they have 30 days upon receipt of the letter to transfer ownership or turn in their firearms and ammunition to the Honolulu Police.

The existence of the notices, first reported early today by Russ Belville at The Marijuana Agenda podcast, was confirmed to Leafly News this afternoon by the Honolulu Police Department.

The startling order comes just three months after the state’s first medical marijuana dispensary opened in Hawaii’s capital city.

Here is the full text of one of the letters:

Medical marijuana patients who are also registered firearm owners are receiving these letters from the Honolulu police. (Courtesy of Russ Belville, The Marijuana Agenda)

The clash between state marijuana laws and federal firearms law—which prohibits all cannabis patients and consumers from purchasing firearms—is a growing point of legal contention in the 29 states with medical marijuana laws.

The Honolulu letters, however, may represent the first time a law enforcement agency has proactively sought out state-registered medical marijuana patients and ordered them to surrender their guns.

Related

First Medical Cannabis Dispensary Opening in Hawaii

Federal law clearly prohibits anyone who consumes cannabis—for any reason, and regardless of state legality—from purchasing a firearm. On the US Bureau of Alcohol, Tobacco, and Firearms (ATF) Form 1140-0020, which must be completed by firearm purchasers, applicants are asked if they are “an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.”

In case it’s unclear to the applicant, the ATF includes this warning in bold type:

Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

Related

Can Medical Marijuana Patients Legally Own Guns?

Federal Court Upheld the Ban

Many state laws allow patients to medicate with cannabis, but the federal prohibition on cannabis consumption crosses that legality when it comes to firearms. The supremacy of federal law on this point was upheld last year by the 9th US Circuit Court of Appeals.

“It may be argued that medical marijuana users are less likely to commit violent crimes, as they often suffer from debilitating illnesses, for which marijuana may be an effective palliative,” the federal ruling stated. “But those hypotheses are not sufficient to overcome Congress’s reasonable conclusion that the use of such drugs raises the risk of irrational or unpredictable behavior with which gun use should not be associated.”

Related

Guns or Cannabis: Which Is More Strictly Regulated?

State Law Applies

The Honolulu Police Department cites state law, not federal law, as the basis for the order. “Under the provisions of the Hawaii Revised Statutes, Section 134-7(a), you are disqualified from firearms ownership,” says the letter.

Curiously, HRS 134-7(a) makes no specific mention of a person’s medical marijuana status. It’s a blanket statement about federal law:

134-7(a) No person who is a fugitive from justice or is a person prohibited from possessing firearms or ammunition under federal law shall own, possess, or control any firearm or ammunition therefor.

Until now, the clash between firearm ownership and patient status has been largely avoided through a de facto “don’t ask, don’t tell” policy. Firearms purchasers are forced to either lie on the ATF form (a federal offense), or tell themselves they’re technically honest—the ATF form asks, “Are you an unlawful user of, or addicted to, marijuana,” and those who quit cannabis yesterday technically were but no longer are unlawful users of marijuana.

Related

Do Medical Marijuana Patients Give Up Their Right to Bear Arms?

A number of states issue medical cannabis patient cards or authorizations but do not keep a searchable database of patient names. In some medical cannabis states, like Arizona, firearm purchasers are not required to register with the state.

Hawaii, though, maintains an electronic database of both firearm purchasers, who must complete both the federal ATF and a state permit application, and medical marijuana patients. That allowed the Honolulu police to cross-check and compile a list of MMJ patients in the state’s firearms registry.

Bruce Barcott's Bio Image

Bruce Barcott

Leafly Senior Editor Bruce Barcott oversees news, investigations, and feature projects. He is a Guggenheim Fellow and author of Weed the People: The Future of Legal Marijuana in America.

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  • Okolepuka

    Tell Hawaii to suck their own peckers, and then go phuck themselves.

  • Okolepuka

    Also, Tell all Hawaii Mary Jane users that they should just get rid of their standing access to their bill of rights while they are at it. That is the state’s first Ten articles and federal bill of rights under the constitution.
    That’s is if you don’t want to be an outlaw. Hawaii just made all legal cannibals users, medical or otherwise outlaws if you want constitutional rights. Lol

    The Hawaii constitution upserpes the feds. The right to privacy trumps the USA Constitution because this is state law. Hawaii has been one of the strongest state constitution on all privacy laws.

  • Okolepuka

    Those ATF questions are a violation of your 5th amendment rights to not self incriminate. Those those ATF and concealed weapon forms violate your constitutional rights for 2nd amendment rights. Hawaii police who want to enforce this have their heads up their constitutional assets. Take thec 5th and rule those forms unconstitutional.

  • Okolepuka

    ATF form asks if they are unlawful users of marijuana “, not legal users of said medicine. And just because you use it doesn’t mean you’re addicted. Take a hike Hawaii police.

    • justadbeer

      You are correct on what the ATF form states. But it also states that federal law prohibits the use of mmj even if it is legal in your state.So in their eyes, you are still not legal

  • Okolepuka

    Under Hawaii privacey state law and Hawaii state constitution, Hawaii police and county police have no right to your address for medical marijuana patients. Nor any other medical conditions.

    • Grumpier

      Which is why it was turned over to the Dept of Health. Them sharing info violates the law.

  • Okolepuka

    Police state Hawaii does not have the constitutional right to people’s information or possessions without a legal warrant. Read your state constitution. Article one section 6, Right to Privacy. Article one section 7, Searches, Seizures, and Invasion of privacy. Article one section 5, Due Process and Equal Protection. Stop the Hawaii Police State.

    • Spanz

      yes how is the state sharing personal medical information with the police even REMOTELY legal. Class action lawsuit for some BIG BUX is in order here. Put some politicians in jail for violating the federal HIPPA laws.

      • Grumpier

        Not only that the VA allows the doctors to decide if you should be using it or not. They can’t write the script for it, but its up to the doctor whether you can use it and still receive treatment or not. Most allow it.

        I would simply suggest anyone receiving that letter to file it in the appropriate place, the round file.

        As someone else said, “cold dead fingers”.

      • 1Reasonable1

        True- however, the feds have conveniently excluded the government from all HIPPA requirements. Remember your place, Plebe!

    • Azwe Thinkweiz

      None of that matters. Just because you have a MMC does not mean you use it. Only users would be disqualified and they would have to prove that. Since they got the information illegally, they have n ground to stand on.

    • TOPDOG1

      Since when do the police ever observe Civil Liberties. Civil Rights are their biggest joke. I suggest petitions to the Board of Ethics to have the prosecutors removed for allowing these police abuse’s. They are also responsible for not stopping this and should be disbarred. Most should be tried as accomplice’s to murder. The Judge’s are like bleating sheep while the wolves of law enforcement howl with laughter.

  • Yosemite_Sam

    Book’em Danno…

  • massvocals

    Glad the police brought this one up , time to restore rights for patients The piss ass federal government law on 2ed amen is just another lie as is the cannabis prohibition , its really stupid to think you can drink or used prescription pills correctly now and have your right to guns , this law is must foolish law attack on cannabis and we should thank the police as this case when file in courts will go to highest court in land and it should , asked yourselves how many illegal gun acts are commited by cannabis users ? what you can answer ? no studies , no information ? just a prejudice act upon peaceful people … i bet many cannabis users don’t even have guns … this intrusive act just another by police who continue to oppose the people . I can not wait till we all wake up and just arm our selves who needs these police we need peace officers not police who do not carry weapons … like many in world today , . every day cops kill citizens , game over glad you did this …

  • medcannabis1

    Well well well, the pious prohibitionists have found another scab to tear off of this racist law of oppression upon those who use cannabis to ease pain and suffering.
    This therapy is the LEAST TOXIC option for any palliative care patient, and being afflicted with illness that does not debilitate mental capacity should not prevent you from owning a firearm or hunting.
    ANY POLITICIAN who supports this position of being a medical cannabis user and not having access to firearms is like saying the entire state of WA, CA, OR, CO must give up their personal firearms because they can buy cannabis at any retail store simply by being over 21 years old.
    This play in Hawaii should be stopped immediately and the LE administrators who pushed for this event should be removed from office and replaced with someone with common sense and compassion.

    • Bugz

      Divide and conquer to protect the global profits. How far will these establishment cronies controlling the petrol dollar, banking, opium supplies, our media, corporate prisons, military and government leaders push it to protect their trillions annually remains to be seen? However, I suspect to the dying end. Pushing the envelope in a Dem state, off the mainland, is probably a good play to keep the pendulum swinging too far to the left and keep the smoke screen going to tighten the strangle a little here and a little there.
      Will the NRA step up here?

    • Azwe Thinkweiz

      Racist law?……Do explain.

      • Rev. O. Luscion

        When marijuana first became prohibited, the law was sold with stories like “it makes black men rape” and the very name “mariJuana” was, at the time, a word used to associate cannabis with the violence on the Mexican border.

        • Azwe Thinkweiz

          Thats a good story since it was the Mexicans fleeing the Mexican revolution in 1910-1911 that brought the marijuana into the states. We had Hemp which is less than 1% THC. So the words like marijuana, reefer, and dope, have their roots in Spanish and African American and Caribbean slang and it refers to the truth as far as Marijuana. As for the black men stuff. You made the claim, please show your sources.

          • Rev. O. Luscion

            William Randolph Hearst, an owner of several newspapers in1931 began writing fake news that marijuana made black men rape white women.

            J. Anslinger, in 1931 as the head of the Federal Bureau of Narcotics and Dangerous Drugs testified using these articles as proof during a congressional hearings that, “Marijuana is the most violence causing drug in the history of mankind.”

            It took 17 years for him to finally contradict himself by admitting marijuana users were typicall passive and non-violent, asserting that communists would use it to get Americans to not fight their take-over.

            The Hearst papers were the very papers that perpetuated the word “marijuana” in place of cannabis.

            Edit… Btw. Cannabis was grown in the USA way before the Mexican revolution. And before the US revolutionary war. Heck, it was in Europe too as they found it in a pipe Shakespeare used to smoke.

            Abraham Lincoln said himself, “Two of my favorite things are sitting on my front porch smoking a pipe of sweet hemp, and playing my Hohner harmonica.”

          • Azwe Thinkweiz

            Well just keep editing your post there buddy.

            Traditional association with the personal name María Juana (‘Mary Jane’) is probably a folk etymology. The original Mexican Spanish used forms with the letter ⟨h⟩ (marihuana). Forms using the letter ⟨j⟩ (marijuana) seem to be an innovation of English, and their later appearance in French and Spanish are probably due to English influence.The word entered English usage in the late 19th century. According to the Oxford English Dictionary, the first known appearance of a form of the word in English is in Hubert Howe Bancroft’s 1873 The Native Races of the Pacific States of North America. Other early variants include “mariguan” (1894), “marihuma” first recorded in 1905, “marihuano” in 1912, and “marahuana” in 1914. Through the early 20th century, however, both the drug and the plant were more commonly known as “cannabis” or “hemp”. “Marihuana”‘s currency in American English
            increased dramatically in the 1930s, when it was preferred as an
            exotic-sounding alternative name during the debates of the drug’s use.

            “The Hearst papers were the very papers that perpetuated the word “marijuana” in place of cannabis.” You may have had it correct when you said coined and not perpetuated.

            Yes, low THC cannabis hemp was grown in the USA and Europe. High THC cannabis pot, dope, marijuana, bud…naturally grows in higher temperatures while lower THC cannabis Hemp can stand the colder temperatures of the original colonies. Thanks for the well known history lesson.

            I am pretty sure you don’t understand the concept that an inanimate object has no feelings and cant be racist at this point. You probably think guns kill people too. But if one persons words make a law racist, does this standard apply across the board for all subjects? If so then Obama was born in Kenya. BLM or don’t, not sure which if it only takes one persons words to make it so. There is and isn’t a heaven and hell. Well lets just hit the laws. Affirmative action is racist. Planned parenthood is racist. Everything is racist!! the sad part is everyone is calling everything racist. Fun story time is over. Have a good one.

  • Esuna Cetra

    Wow they managed to top equating it with alcohol.

  • Buffalobob

    I’ll agree with this when they take all your guns for alcohol use.

  • Bugz

    WARNING against TREASON: Federal Laws do not subject the US Constitution to them:
    Article VI, Clause 2 is clear that the Constitution constitutes the supreme law of the land, and federal laws / treaties can only be made pursuant to it.

    In addition to the 2nd amendment right to gun ownership, prohibiting natural property ownership and the taking of private property on our land is an Act of Treason, and the motivation is to protect the Opium Empire from competition and loss profits. This is an act of communism / fascism to ban natural property that only the government then owns and profits from directly or by protection of agents acting for it.
    5th amendment: No person shall be deprived of life, liberty and PROPERTY, without due process of law.
    9th Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
    10th Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
    14th Amendment: No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

    • Von

      I was almost 30 years old before I read the constitution, sometimes I wonder if judges actually read the constitution. It often seems as if they read old cases to support how they personally feel about a topic, rather then applying what the constitution actually says. Often these rulings on old cases didn’t apply the constitution or grossly perverted it.

      Take the ruling that applied the commerce clause to cannabis prohibition. 16 words, no mention of prohibition, referenced the famous wheat farmer case where the farmer was active in commerce, exceeded his allowed growth, kept above that limit. This case did not prohibit wheat. Had he not been in commerce to begin with, the case wouldn’t had applied. Had he purchased wheat from the market, he could have purchased beyond the federal limits and the law wouldn’t have applied. The excesses that he grew, he was fined at market value and allowed to keep it. A far cry from how it has been applied to cannabis prohibition. Where it is seized, your other belongings seized, your money is seized and you are incarcerated. I can not comprehend the perversion of the constitution “we the people” have allowed law makers and judges to abuse.

      It’s only going to get worse, with all the federal judge appointments being made. During their confirmation hearings, they are never asked about constitutional understanding, probably because the elected law makers have never read the constitution.

      Our forefathers would be pissed at what we have become.

      • Rev. O. Luscion

        ‘Precedence” is overly powerful.

  • Rico Nusman

    If this isn’t the spark that ignites a real legislative discussion at the federal level, then state-level legalization is as far as it will probably ever go.

  • rsteeb

    …cold dead fingers

  • lovingc

    Do you make people that use alcohol surrender their guns? If not why not they are the most prevalent users of guns in crimes. People that are using cannabis for relief of medical issues should not have this happen to them, there is no rational reason for it. If you have one I would like to hear it. Alcohol causes violence cannabis does not. This law makes no sense what so ever.

    • Buffalobob

      It’s just another way for (Federal) law enforcement to harass the cannabis user after a state legalizes it.

      • Veritas

        Funny how Hawaii kowtows to Federal marijuana drug laws to harass gun owners but will flout federal immigration laws so they can this possess American citizens by driving down their wages, subjecting them to violent crime, increasing their taxes, an causing inflation of the cost of goods and services.

        • Grumpier

          Kowtows, what are you Russian?
          First Hawaii was the very first State for medical Marijuana back in 2000.
          Second this story is about Oahu, not all of Hawaii.
          Third, we do not have anything to do with cheap labor immigrants, the border is surrounded by the ocean and everyone not coming from the mainland goes through customs..

          Go away Russian Troll.

          • HumboldtBiologist

            Seriously Grumpier? Take your Hawaii BS somewhere else. CA passed the compassionate care act in 1996, it was the first state law in the country allowing medical use of marijuana.

          • Grumpier

            Oh so sorry to butt hurt you. Let me rephrase that, Hawaii Legislators were the first in the nation to legalize medical marijuana. There does that fix your butt hurt junior?

          • HumboldtBiologist

            #FakeNews

          • Grumpier

            My god are you really that slow? Look it up. All others were passed by the people voting. Hawai‘i was the first one where it was the LEGISLATORS, the ELECTED STATE OFFICIALS who made it legal for medical. The PEOPLE of Hawai‘i have never had the opportunity to vote for it ourselves. Grow the hell up and welcome to my ignore moron.

          • SickandTired

            Whom are ‘The Legislators’ of a State, Idiot?!!

          • Grumpier

            http://www.capitol.hawaii.gov
            Are you really that stupid?

          • Dino Grillo

            California passed MMJ into affect in 1996.

          • Grumpier

            The PEOPLE did, Hawai‘i was the first ELECTED OFFICIALS to do it.

          • Eric

            Hawaii was not the first state to legalize medical cannabis. California legalized cannabis use for medical patients in 1996. You may want to get your facts straight before calling out others

          • Grumpier

            Hawai‘i was the first legislative body in the United States to legalize medical marijuana. There does that make it clear for the slow people.

          • MichaelZWilliamson

            Kowtow is a Chinese term.

          • Daniel Burke

            You need an English lesson.
            Definition of kowtow

            intransitive verb
            1 : to show obsequious deference : fawn kowtows to the boss
            2 : to kneel and touch the forehead to the ground in token of homage, worship, or deep respect

            Kowtow is an English word and he makes an excellent point as to the hypothetical actions of Hawaii lawmakers in their enforcement and flaunting of federal laws.

            You’re the troll.

          • Grumpier
      • LARM

        It’s the local police not the fed.

    • Mark Are Reynolds Ⓥ

      The “law” is not a law. It’s a DECREE by the elite in “power” and is a direct violation of your RIGHT to consume what ever the FK you want.

      • lovingc

        Google it. It is the law, a federal law.
        18 U.S.C. § 922(g) prohibits specified categories of persons from shipping or transporting in interstate or foreign commerce or from receiving any firearm or ammunition which has been shipped or transported in interstate or foreign commerce or from possessing, in or affecting interstate commerce, any firearm or …
        Introduction 18 U.S.C. § 922(g) states:
        http://www.ncids.org/Defender%20Training/…/Federal%20Consequences.pdf

        • Grumpier

          Which again does not have anything to do with those who already owned guns. No ex-post facto laws and this is not a law but a decision about BUYING not OWNING.

          Until some states finally changed the law, it was illegal for someone under 18 to but cigarettes. But once they had them there was no law regarding possessing or smoking them so we could blow the smoke in the cops face and nothing they could legally do about it. This needs congressional action, and if it’s going to happen, it won’t be just marijuana that they use. The right to bear arms shall not be infringed.

    • eric stefano

      FACTS!!

    • Grow Your Own

      “Alcohol causes violence cannabis does not. This law makes no sense what so ever.”
      I agree 100%
      Just Legalize Cannabis like Alcohol and make it all equal. Drug Free Workplace another stupid idea IMO.

      • Grumpier

        ACLU needs to take DEA to court over their ignorant stance there is no medicinal use. Once MDs started prescribing it, that opinion became the opposite of true. The DEA needs to be forced to updated to the truth born out of facts.

        If the DEA were really doing that job, tobacco and marijuana would be switched on the drug scale. The only medicinal use of nicotine is helping ween people off of nicotine. No medical doctors prescribe cigarettes. Yeah, they are looking out for us. And I have several bridges for sale.

        • MichaelZWilliamson

          DEA only enforces the law passed by Congress. Suing DEA will accomplish nothing.

          • Grumpier

            Congress gave the DEA the power to set the drug schedules, so no its the DEA who is keeping it where it is, NOT Congress. But its time for Congress to CHANGE that.

          • MichaelZWilliamson

            I stand corrected. Thank you.

    • Dev O

      lovingc: Please know that I am in 110% of agreement with you on the whole alcohol/guns issue. (The fact that it’s not an issue from the governments perspective, is very disturbing indeed).
      But right away when you request a rational reason (which they don’t have) they will be in your face about federal law concerning cannabis, which you are ware that it’s still completely illegal (CI). That’s their response to anyone cause that’s all they have.

    • MichaelZWilliamson

      The irony is that you’re supporting HI violating federal drug law, and complaining about it enforcing federal firearm law.

      Now, I agree it should be legal to smoke pot. But there’s certainly a dichotomy in the state’s respect for federal law.

      • Grumpier

        Its called equal justice under the law, and with HI taking both sides THEY are violating the law. The court said NOTHING about owing firearms, only BUYING one now. Taking away legally owned firearms when no crime has been committed is a violation of the US Constitution. THAT is why owning was NEVER EVEN DISCUSSED, just the right to block buying.

        Problem is, it needs to be fixed or extended. Either take Marijuana off that list or add alcohol, tobacco and prescription medication, including viagra. But that would end the careers of the majority of Police Officers.

  • malcolmkyle

    The National Firearms Act of 1934 was actually a direct response to the acute rise in prohibition (1919-33) engendered gun violence.

    PROHIBITION EQUATES TO MORE VIOLENT CRIME WHICH LEADS TO MORE CALLS FOR GUN CONTROL

    The University of British Columbia, Vancouver, Canada reviewed 15 studies that evaluated the association between violence and drug law enforcement. “Our findings suggest that increasing drug law enforcement is unlikely to reduce drug market violence. Instead, the existing evidence base suggests that gun violence and high homicide rates may be an inevitable consequence of drug prohibition and that disrupting drug markets can paradoxically increase violence.”

    During alcohol prohibition all profits went to enrich criminals and corrupt politicians. Young men, while battling over turf, died every day on inner-city streets. A vast fortune was wasted on enforcement that could have gone on education. On top of the budget-busting prosecution and incarceration costs, billions in taxes were lost. Finally the economy collapsed! Sound familiar?

    Prohibitionists and their gun-control criminal friends who live in a crack-house called Congress are having a ball. And it’s all on our tab.

  • leesa maire

    what a ridiculous reasoning from this judge. hey alcohol and guns…sweet!

  • Mark Are Reynolds Ⓥ

    And the 2nd amendment says what? SHALL NOT BE INFRINGED. What did the colonists do when the Kings enforcers came to get their guns at Concord? THEY SHOT THEM IN THE FACE. That is what the 2nd amendment is for, TO SHOOT TYRANTS in the FACE. You folks in Hawaii are going to be the first in the nation to be shooting the ENFORCERS of this CRAP in the FACE for violating NATURAL LAW, as well as SHALL NOT BE INFRINGED. And guess what? You’ll actually be FIGHTING FOR FREEDOM when you do so. Unlike the mercenaries over in the middle east murdering for the international bankers and oil cartels.

  • Mark Are Reynolds Ⓥ

    The NEW Second Amendment of the amended US Bill of Rights… (sorry, we no longer follow “proper procedure” for amending these pain in the ass listed rights)
    A well regulated militia being necessary for the security of a free state, the right of the people to keep and bear arms shall not be infringed EXCEPT:
    You are buying the firearms for yourself.
    EXCEPT: you want to open a gun store within 500 feet of a residential area.
    EXCEPT: you are carrying within 1000 feet of a school.
    EXCEPT: you are under indictment or information for a felony for which the judge could imprison you for more then one year.
    EXCEPT: you have been convicted of a felony or any other crime for which the judge could have imprisoned you for more then one year, even if you received a shorter sentence including probation.
    EXCEPT: you are a fugitive from “justice”
    EXCEPT: you are an “unlawful” user of or addicted to marijuana or any depressant,stimulant, narcotic drug or any other controlled substance.
    EXCEPT: you have ever been “adjudicated” mentally defective or you have ever been committed to a mental institution.
    EXCEPT: you were dishonorably discharged from the armed forces.
    EXCEPT: you are subject to a restraining order restraining you from harassing, stalking or threatening your child or an intimate partner or child of such partner.
    EXCEPT: you have been convicted in a court of a MISDEMEANOR crime of domestic violence.
    EXCEPT: you have ever renounced your “United States” citizenship
    EXCEPT: you are an illegal alien
    EXCEPT: the firearm fires more then one round with the pull of the trigger
    EXCEPT: the firearms doesn’t have a vertical grip attached if it is a pistol
    EXCEPT: the barrel on a shotgun is not shorter then 18″
    EXCEPT: for sound suppressors
    EXCEPT: the rifle has a barrel no shorter then 16″. (It used to be 18″, but we accidentally sold some 16″ carbines to the public so we had to fix this and so we shortened the length to 16″ to cover our screw up.)
    EXCEPT: if it is a pistol there is no shoulder stock attached.
    EXCEPT: you carry it concealed, with a permit, which of course we issue and charge you for.
    EXCEPT: it has a magazine that can contain more then 10 rounds
    EXCEPT: the magazine is removable
    EXCEPT: it is black and looks scary
    EXCEPT EXCEPT EXCEPT…stay tuned for updated version. We the psychopaths who own you have now concluded that this new 2nd amendment is in force and effect and that you have no rights guaranteed by ANYTHING UNLESS you are in the “big club” which of course you are NOT. So screw your rights. We are in control of your television set, your phone, your computer, your air, your water and especially your pretend rights. Oh, and by the way, just in case you are wondering…we have ENFORCERS for this who are willing to shoot your children in the back, your wife in the head, burn down your church with 17 children inside just in case you think we are kidding.
    One other thing…none of these exceptions apply to us. We are allowed to have whatever we want to kill you and maim you any time we want for whatever excuse we want. Just take a look at some of the wonderful things WE get to have by looking up Dillon Aero on YouTube.

  • Veritas

    And tomorrow the State of Hawaii will say that they cannot enforce federal immigration laws. These statist jerks just pick whatever side of the fence suits their fancy.

  • Veritas

    So that is Federal Statute…But HI has medical marijuana which is against Federal Law. SO which Federal Laws does HI want to support? If they allow medical marijuna on a state level, then they should allow those medical marijuna patients the right to kept their arms on a state level too. Jeez, the hypocrisy of the left.

    • Grumpier

      But it is not Federal Law. The ruling was a court, and for BUYING firearms. Even going so far as saying the seller has the right to refuse the sale, or that the Governemnt has the right to say no, but not that it cannot be sold. Absolutely NOTHING was decided or even discussed in the ruling about OWNING a gun, or removing a gun from a licensed owner. You want my legal collectible guns, you bettter come up with a lot of money, oh and a warrant from a judge citing the law that gives you the right to remove it.

      Only CONGRESS and State Legislators can make law, NOT COURTS. They interpreted something that was not even in the law.

      If it does go to court alcohol and prescribed medication will all become huge factors in that case. May cost lots of people with guns to lose them, and they wont let that happen. Once alcohol or medication comes in on it, the right wing will jump on it..

      And what about LEO’s that use alcohol or medication. Guess they wont be able to carry firearms either..

  • Grumpier

    The Court said BUY, it never said you cannot own firearms. The Chief is overstepping her bounds and any “forced” removal, will be met in court with her losing her new job. One judge does not write law and one Chief does not decide it. Let’s see when the first prosecution happens.

    And its not the State of Hawaii, but the City and County of Honolulu. Oahu only doing this so far.

  • amongoose

    Marijuana whether medical, purchased on the street, or even at a state regulated store like in Colorado and Oregon is by federal law a prohibition on gun ownership, it is considered a schedule 1 controlled substance by federal law. While you could argue that the 10th amendment gives states the right to legalize it federal law makes it’s use prohibitive for gun owners.
    Legal on state level, illegal on federal level, what a wonderful way to further disarm a population.
    .
    19http://www.rip.uscourts.gov/rip/supervision/firearmpossession/FirearmPossessionProhibition.pdf
    http://criminal.findlaw.com/criminal-charges/controlled-substances-act-csa-overview.html
    .
    Most of the states which have, or soon will have recreational use laws are gun control havens. If you think California, Oregon, Washington, Massachusetts, Colorado, and Washington DC won’t use it to disarm it’s people, and deny CCW’s you’re sadly mistaken.
    http://www.businessinsider.com/where-can-you-legally-smoke-weed-2017-1

  • Zac Caslin

    Still think registration is a good idea? There not coming for your guns, you’re just a peranoid tin foil hat loon.

  • Snegurochka

    The supposed Federal prohibition is for the PURCHASE of firearms, not their POSSESSION.
    Hawaii has always been a “top-down” sort of Empire State of the Pacific.
    This gun grab needs to be resisted and overturned.

  • Karen Lowry-Best

    One MAJOR PROBLEM…HIPPA VIOLATION!!!
    I have 20+ years in medical field, plus my CCW and my FFL papers are in processing, this will not stand. And I will sell to anyone that passes background check. Which, by the way, their is no way to link the systems to have someone with a medical card be denied a legal gun purchase. That too is a HIPPA violation. I personally know medical card holders that have purchased guns at major retailers. And one that got CCW after getting medical card.
    Thank you Federal government for passing HIPPA!

  • Neuro

    I’m OK with this. Yes, it’s unfair and should definitely apply more to alcohol in particular, but no person in an altered state should be able to make a decision to take another life so easily. Guns are fun. I love to go down to the local range and play with automatic weapons. I’m also not a coward and an idiot. I can take care of just about anyone without a gun, and that goes double for anyone on my own turf. All you losers who need a gun should sac up and get over being shut in your high school lockers.

  • Paul Sorensen

    This is such a heavy handed, jack-boot effort. To me, this seems like a punitive response because some state officials disagree with the voter’s decision.
    As is well stated below by Okolepuka below,this is unconstitutional. It will require residents of Hawaii to hire attorneys and challenge it in court.
    When will Hawaii confiscate the legal firearms of alcohol consumers? There are frequent firearm deaths at bars or homes where alcohol was a factor.
    But pot? No, it just doesn’t happen. This is total B.S..

  • Two Bears

    THIS IS BULLSHIT!

    36,000 people or more are killed by cars. Where are cars confiscated

    about 100,000 people die every year from legally prescribed medications where are the doctors and pharmacists going to jail for those deaths.

    when they confiscated cars from the alcoholics then I will listen to this.

    over 90% of MMJ users get sleepily then the Munchies.

    there are a few MMJ users freak out or have panic attacks.

    once a MMJ user has done something STUPID with a gun then in that case confiscation may be warranted.

  • Jackson Shredder

    good luck with that !! Come and try and take it !!!

  • OK, what part of the alleged statutes override the 2nd Amendment guaranteed right to own and possess guns? That could be shot down pretty quickly, unless this is the feds way of sneaking into states and then if it becomes a federal guaranteed “right’s” issue, the fed judges shoot it down for their petty reasons. So when do they try to take our guns because of drinking alcohol? Come and take them!!!!

  • Okolepuka

    Make this clear. Hawaii Police are using the STATE LAW, not federal law to confiscate , or threaten to confiscate people’s property.
    They just might be fishing also. They wrote letters telling Marijuana-people they have 30 days to hand over their guns…..lets see what the State
    of Hawaii, or Sheriffs of each county do after 30 days.. Those who stole people’s personal information should be put into that
    Gray Bar Hotel in Honolulu. City of New Orleans did this during Hurricane Katrina. They went around confiscating people’s guns, and never gave them back. No 30 days notice, no nothing….

    • Karen Lowry-Best

      It’s a HIPPA violation. Period.

  • TOPDOG1

    Police Chief Susan Ballard ‘s attempt to confiscate guns from Medical marijuana patients. (T.H.C. a vitamin-like C.D.or A.)only reveal her as an incompetent and pro-drug-war dinosaur. A bad example to police everywhere. Using her position to play politics should have her removed from any position of responsibility. We are weary of these petty tyrants using marijuana as a means of holding office. I object and they can forget any good ratings from me.From my position, it appears that the Honolulu police lack any higher standards or any ‘if any’ control; what-so-ever. These are an group of renegade police who make up laws as they go. We work tirelessly to remove persons such as this from any responsible positions. Likewise, all commercial enterprises in their area will be blacklisted. It will take some time to remove every five-star rating on that sticking rat-hole of an island but I am on the job. It is not the job of the police to make up these laws. It is also morally objectionable and reprehensible for them to uphold bad laws.
    NOTE # Police Chief’s are supposed to take instructions from the City Counsel. Unless this was a directive from them she should be fired.

  • David Kennedy

    Same law in Washington State

  • Manfred Silverman

    Sacrifice a Constitutionally-guaranteed right in exchange for a little baggie of overpriced herb? Sure, why not.

  • Excuse me

    This is a test case for firearms confiscation, pure and simple. If this 2ndA violation succeeds in Hawaii, some other states will view it as a great excuse to employ any means to confiscate citizen’s guns.

  • laughatbabyboomers

    Pathetic
    Everyone purchase illegal firearms. Better than legal ones anyway.

    Problem solved!

    • Craig Macpherson

      Until they catch you with a hot gun.
      They can throw you in prison for just about anything these days.
      If you ask me this country has not followed Ben Franklin’s addition to the Constitution ( we shall not sacrifice freedom for security).

  • laurasacunt

    AMERICANS YOU ARE BEING PROPAGATED
    GUNS ARE NOT AN ISSUE.
    NOT HAVING GUNS TO PROTECT YOURSELF, THAT IS AN ISSUE!!!

    criminals will get guns no matter what, the black market will always be there.
    CRIMINALS DO NOT BUY LEGAL GUNS IN ORDER TO KILL PEOPLE, THEY CANT PASS
    BACKGROUND CHECKS. legal gun purchases create an ownership trail.

    WAKE UP AMERICANS, you are being setup. net neutrality and guns are the only
    check/balance people have at a personal and governmental level. a
    disarmed community is a vulnerable community. crime WILL GO UP if
    criminals know their targets are not armed. criminals would love to
    break into your home if there is no fear of an armed household.

    the news is BRAINWASHING people by pushing mass gun killing stories, when
    there is no factual increase. and FALSE FLAGS are being used to convince
    people to blame guns.

  • Okolepuka

    These post show that in Hawaii, you should never register your guns. Pretty soon you will have your guns taken away because you bought a bottle of aspirn, or cough medicine that can be used to make meth, or a plastic liter of soda bottle to mix that meth in. And last of all, a new law stating that if you vote republican you will have your guns taken away. Keep going Hawaii Police, you can set up your Nazis government faster.

  • Phil B

    When you peel it from my cold dead fingers.

  • Caoimhin Mac Loingseacháin

    Unconstitutional

  • Kiel McWhirter

    Seems like they they should cross check prescription drug users with gun owners then. If recent history has taught us anything, it’s antidepressants and psych meds that are dangerous.

  • TOBY T

    Are they making people taking prescription DRUGS surrender one or the other? What a misuse of authority.

  • allen1234121@q.com

    Federal law clearly prohibits anyone who consumes cannabis—for any reason, and regardless of state legality—from purchasing a firearm. What if I already own a firearm? What part of “shall not be infringe,
    ” do these government ass hole not understand? What happens if you do not “Voluntarily surrender” your firearms.

  • Karol Hudson

    Will, the POLICE, who use Marijuana be required to turn in their guns ???

  • Craig Macpherson

    I say they can pry my guns from my cold dead fingers after they riddle my body with bullets from just trying to confiscate or take my guns away and infringe on my 2nd amendment rights.
    I would like to have seen them try this 50+ years ago.
    There would have been civil riots.

  • Okolepuka

    Its real simple. If you live in Hawaii, do not register your guns to anyone.

  • Okolepuka

    I wonder if the letter , dated November 13, 2017 above, came signed receipt?

  • MichaelZWilliamson

    “We’ll let you have pot illegally, but you then can’t have the legal firearm.”

    What if I were an illegal immigrant, though? Would I be exempt?

  • Robert Piel

    You politicians are a despicable bunch and are beyond biting off more and I mean MUCH MORE than you can chew. Keep it up and you will be regarded as the communist ass wipes that you are. First SCOTUS and then the streets. Keep up your stupidity and there will be a very very expensive price for you to pay, with your own money, not ours. Your stupidity seems to know no bounds.

  • lovingc

    The law that the Honolulu Police Department has broken in their zeal to put their foot down on the necks of the citizens there, was the HIPPA law that protects medical information from being seen by anyone but the patient and their doctor and pharmacists. When they went to those sites and blithely just started coping names they broke an other federal law. Congress needs to straighten this mess out.But right now they are busy playing reverse robin hood taking from the poor to give to the rich.

  • FourOFour

    The Agenda ………

  • Laws that seek to deprive innocent people of their fundamental rights are invalid and should be disregarded.