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Old November 30, 2017, 08:28 AM   #6
steve4102
Senior Member
 
Join Date: December 23, 2005
Location: Minnesota
Posts: 2,880
Quote:
The Local Police are announcing the taking under Federal Law based upon a persons application for the card, despite the public disregard by the state government for Federal Law (immigration). The article is not clear whether or not the turn in notice is sent to all card applicants. This would imply to me that the confiscation is being based upon an application rather than actual use. So implied intent and actual use are the same ? Since when does Hawaii local law enforce Federal Law in opposition to their own state law ? Only when it involves guns ? That is actually 2 different anomalies.
As already pointed out, the Honolulu Police are enforcing State Law.

From the link you posted.

Quote:
Hawaii Revised Statutes, Section 134-7 (a) as the reason for the move. That section reads: “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.”
Quote:
Originally Posted by highrolls
This would imply to me that the confiscation is being based upon an application rather than actual use. So implied intent and actual use are the same ?
Read, Wilson v. Lynch,

https://cdn.ca9.uscourts.gov/datasto...1/14-15700.pdf

Quote:
In August, a three-judge panel of the Ninth Circuit
Court of Appeals affirmed a decision by the U.S.
District Court of Nevada, which held that the holder of
a medical marijuana card could not purchase a firearm
(Wilson v. Lynch, F.39---(2016), (2016 WL 4537376)).
https://www.cga.ct.gov/2016/rpt/pdf/2016-R-0239.pdf
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