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2007 Hawaii Attorney General Reports and Opinions 1 (2007)

handle is hein.sag/saghi0004 and id is 1 raw text is: LINDA UNGLE                    STATE OF HAWAII
GOVLPNGSSAEOFHWI
JAMES R.AIONAJR.     OFFICE OF THE LIEUTENANT GOVERNOR                   LESUE K KONDO
UTENANTOO1VERNOR     OFFICE OF INFORMATION PRACTICES                       ==oq
NO 1 CAPITOL DISTRICT BUfLDING
250 SOUTH HOTEL STREET, SUITE 107
HONOLULU, HAWAI 96813
Telephone: (808) 586-1400  FAX: (808) 586-1412
E-MAIL: o 2
OPINION
Requester:     Chief of Police'
Agency:        Honolulu Police Department
Date:          February 1, 2007
Subject:       Firearm Permit Information (U RFO-G 99-11)
REQUEST FOR OPINION
Requester seeks an advisory opinion on whether the Uniform Information
Practices Act (Modified), chapter 92F, Hawaii Revised Statutes (HRS) (UIPA),
requires the Honolulu Police Department (HPD) to disclose certain records of
individuals obtained through the firearm permitting process.2 Specifically, the
Office of Information Practices (OIP) understands HPD's question to be whether
the confidentiality afforded individually identifiable registration data under
section 134-3(b), HRS (the registration statute), extends to information obtained
under section 134-2, HRS (the permitting statute), including information that
does not result in the registration of a firearm. OIP understands the permitting
records to include individuals' firearm permit applications, supporting records
contained in the individuals' permit application files, and issued firearm permits
(collectively Permit Information).
In submitting its request, HPD asked for a general advisory opinion rather
than an opinion based upon a specific request made. However, OIP subsequently
became aware of the fact that HPD's opinion request was prompted by its receipt of
numerous requests to access gun registration and related records for Mr. Byran
Uyesugi. At the time of the requests, Mr. Uyesugi had been arrested for killing
.1    The request for an opinion was made by former Police Chief Lee Donohue.
2     Mr. Daryl Huff, a reporter for KITV-4 News, also sought an opinion from OIP
regarding access to information and records related to a specific individual's denied permit
application.

OIP Op. Ltr. No. 07-01

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