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Hawaii Says ANY Alcohol Voids LEOSA

Discussion in 'Cop Talk' started by Captain38, Jan 11, 2010.

  1. Captain38

    Captain38

    1,126
    0
    Dec 21, 2004
    http://hawaii.gov/ag/LEO/Guidelines QRLEO.pdf

    Those active or retired law enforcement officers planning on traveling to Hawaii should take note of the state's policy regarding LEOSA, which, in part, reads as follows:

    1. Note: Hawaii’s LEOSA Firearm Policy takes a zero
    tolerance position on carrying a concealed firearm
    while “under the influence” of alcohol or intoxicating or
    hallucinatory drugs or substances. The LEOSA
    Firearm Policy defines “under the influence” as “any
    amount of alcohol or other intoxicating or hallucinatory
    drug or substance, in the blood or breath.” The policy
    further states that “if a Qualified Retired Law
    Enforcement Officer violates 18 U.S.C. §926C(c)(6),
    by being under the influence of alcohol or other
    intoxicating or hallucinatory drug or substance while
    carrying a concealed firearm, he/she will be viewed as
    a Non-qualified Retired Law Enforcement Officer and
    shall be subject to all State of Hawaii laws including
    271185_1.DOC 2
    but not limited to State of Hawaii firearms laws in
    chapter 134 of the Hawaii Revised Statues.”
     
  2. Mayhem like Me

    Mayhem like Me Semper Paratus

    18,267
    4,159
    Mar 13, 2001
    Not a chance
    Too bad that is not what the Federal LAW says, state policy let alone one that has not been tested in court is not a standard.

    Click on the link it says right at the top this policy is NOT a legal opinion..
     


  3. Dragoon44

    Dragoon44 Unfair Facist Lifetime Member

    19,246
    2,288
    Apr 30, 2005
    Well that just sucks, I would have to be drunk in order to convince myself to go park my ass on an island chain that is in reality active volcanoes.

    :rofl::rofl:
     
  4. blueiron

    blueiron

    11,145
    11
    Aug 10, 2004
    Based on the amount of time I spent at Kaneohe Bay on Oahu, I have plans to never set foot in Hawaii again.

    The arrogance and intolerance I saw on Oahu were incredible.
     
  5. Malstorme

    Malstorme Bad Influence

    121
    0
    Oct 2, 2004
    Oklahoma
    Dunno about that one. LEOSA specifically supercedes most state laws pertaining to LE Officers' right to carry a firearm. The only federal BAC "under the influence" guidelines I can find are .08 (driving/boating) and .04 (CMV driving). In my 2 minute search of federal guidelines, I don't see a "zero tolerance" level.

    I doubt this restriction is any more constitutional than prohibiting the carry of black firearms (since they're so scary-looking). I'm a cop, not a lawyer, so take my comments with a grain of salt.

    Mals
     
  6. trifecta

    trifecta

    1,958
    0
    Nov 17, 2008
    DFW
    Does it also look like they are going for NJ style ammo restrictions of type of round and limit of 10 rounds? I'm no lawyer either.
     
  7. evilwill

    evilwill Speaks Jive

    443
    1
    Aug 21, 2006
    New York City
    Please elaborate, as we are planning a trip out there in the spring.
     
  8. trifecta

    trifecta

    1,958
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    Nov 17, 2008
    DFW
    I will have to say my experience in Oct 09 was far different. Everybody I met was extremely courteous. Their politics are not mine but if you live in NYC, they are what you are used to. PM me if you like, I also lived there in the 80's.
     
  9. blueiron

    blueiron

    11,145
    11
    Aug 10, 2004
    There are a significant number of natives in Hawaii that do not like natives of non-Hawaiian descent, non-natives, or mainlanders whatseoever. They don't claim America in any way, shape, or form.

    If you are a tourist, military personnel assigned there, or have not lived there for any length of time, expect to be hustled as if you were in a foreign nation.
     
  10. ateamer

    ateamer NRA4EVR

    I assume that the Hawaiians who hate America live in grass huts, don't drive cars, don't own any good made anywhere but in da islands and don't accept American money. If they don't, they're just bigmouthed blowhards.
     
  11. ateamer

    ateamer NRA4EVR

    Sounds like the federal government needs to tune Hawaii up. There is no way that any court will uphold their claim that any amount of alcohol at all is being under the influence. Hell, .08 is borderline for actually being under the influence in many people.
     
  12. trifecta

    trifecta

    1,958
    0
    Nov 17, 2008
    DFW
    I'm still not an attorney, but in TX we have Minor DUI. Drive with any amount of alcohol while underage and it's an offense. I'm not saying it matters with Federal Law or HI but no court has found a problem with it.

    Also, to test it, somebody will probably have to get in trouble and take it all the way. Maybe the Feds will clean the language up some on that and a few other things like carrying duty ammo in states that prohibit it.
     
  13. Mayhem like Me

    Mayhem like Me Semper Paratus

    18,267
    4,159
    Mar 13, 2001
    Not a chance
    If you are Caucasian and in Hawaii you are a Haole (how lee).

    The rest of Hawaii's folks do not like you!

    I lived this for a short period of time, luckily I played football and knew some of the Samo/Poly kids and families,,, I lived through kill Haole day my 8th grade year.. Was in Hawaii only a year and 6 months they don't like Haole...Hawaii is a beautiful and very strange strange place.
     
  14. blueiron

    blueiron

    11,145
    11
    Aug 10, 2004
    If anything, the Feds will rescind it because some fool with tin went somewhere they shouldn't have, drunk too much, ticked off the wrong people, and got into a jam because they have zero discretion.

    The Feds will restrict it more, not add freedoms about mags, ammo, and related issues

    LEOSA is a good thing, not perfect mind you, but someone is eventually going to mess it all up for the rest of us.
     
  15. ateamer

    ateamer NRA4EVR

    Having a BAC limit might carry the same penalty as DUI, but the state only has to prove that the BAC was over the limit, not that the driver was under the influence. California has two DUI statutes - DUI and the .08 limit. The .08 limit is presumptive, but they don't have to prove that the alcohol in the system produced any symptoms of influence, just that the level was beyond the limit.

    Either way, Hawaii is overstepping their bounds and needs to be straightened out regarding LEOSA.
     
  16. Sgt127

    Sgt127

    3,128
    879
    Nov 5, 2002
    Texas
    I lived in Hawaii growing up. Public schools etc. Never had any real problems. Lived through at least 5 kill Haole days without a scratch. Went back for our honeymoon and, I guess, readopted my Hawaiin "roots" and enough pidgeon english to pass as a local. It helps if you can actually tell someone where you went to school and, don't butcher the pronunciation. Actually got treated as a local everywhere we went.

    The trick is to not stay out the first day, in the sun, for 5 hours. It will burn you. Badly. And, all the locals will make fun of you for looking like a traffic cone walking around. Skip the tourist garb. Hawaiians were T shirts, shorts even jeans and flip flops, or, go barefoot.

    Walk around with a bag of Crack Seed and spit the seeds out on the sidewalk. You will blend right in.

    As an aside, Hawaii is extremely anit gun. When we went there, before LEOSA, it is the one trip I took without a gun. I was that paranoid. (Your bags can be searched for a Agriculture inspection going in or out)

    Funny too as Hawaii does not have a public intox law as I recall. I was riding out with a HPD cop and noticed a drooling staggering drunk bumping down the sidewalk, asked him about it and he said "We gotta wait until he staggers in the street before we do anything."
     
    Last edited: Jan 11, 2010
  17. Faulkner

    Faulkner Patriot Millennium Member

    1,697
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    Aug 21, 1999
    Arkansas Ozarks
    I don't get what the beef is . . . I certainly don't have a problem with it. :upeyes:
     
  18. I grew up in Hawaii also (lived there for 10 years). Those were some of the most bigoted people I've ever met
     
  19. blueiron

    blueiron

    11,145
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    Aug 10, 2004
    I would agree and include American Samoa and Guam.
     
  20. trifecta

    trifecta

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    Nov 17, 2008
    DFW
    When I lived there in the 80's, I had that feeling. When I went back last year, it was totally different. I was only on Oahu, but was all over the island and never felt it. It was quite the opposite.