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Classic case of poorly written code implemented by poorly chosen officials.

Here is the actual code (HRS-7):

     (c)  No person who:

(1)  Is or has been under treatment or counseling for addiction to, abuse of, or dependence upon any dangerous, harmful, or detrimental drug, intoxicating compound as defined in section 712-1240, or intoxicating liquor;

(2)  Has been acquitted of a crime on the grounds of mental disease, disorder, or defect pursuant to section 704-411; or

(3)  Is or has been diagnosed as having a significant behavioral, emotional, or mental disorders as defined by the most current diagnostic manual of the American Psychiatric Association or for treatment for organic brain syndromes;

shall own, possess, or control any firearm or ammunition therefor, unless the person has been medically documented to be no longer adversely affected by the addiction, abuse, dependence, mental disease, disorder, or defect.

Now, because physicians are forwarding the entire medical file and Honolulu Police Department does not feel like reading the whole file, HPD now requires the following language (poorly adapted from the code) be supplied on medical letterhead by apparently all applicants, even those without a history of mental issues, implying that they do:

HPD officers are now handing out a memo to gun permit applicants that states a doctor must sign a note on official letterhead stating the individual “shall own, possess, or control any firearm or ammunition and has been medically documented to be no longer adversely affected by the addiction, abuse, dependence, mental disease, disorder or defect”.

Source: Gun permit applicants denied over medical dispute – Hawaii News Now – KGMB and KHNL

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David R. Duringer, JD, LL.M, is a concealed firearm instructor and tax lawyer specializing in business and estate planning. He is managing shareholder at Protective Law Corporation, serving Southern California from its Laguna Hills (Orange County) headquarters and a satellite office in Coronado (San Diego County).

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