Christopher H.
Baker
Hawaii Concealed Carry
3308 Moreell Street
Honolulu, Hawaii 96818
808-722-6847
Hawaii Police Department
Records Clerk
349 Kapiolani Street
Hilo, Hawaii 96720
January 14, 2011
RE: RECORDS REQUEST
REF: 140111-HPD-0001
Dear Records Request Officer:
I. FORMAL WRITTEN PUBLIC RECORDS REQUEST
This letter is a formally written request in accordance with
Hawaii Administrative Rules (HAR) §2-71-12 Formal requests for
access to government records. When responding to this written
inquiry, please utilize the reference number (140111-HPD-0001)
to allow for proper accountability of correspondence.
This request is directed towards the “Hawaii Police Department,”
a government agency of Hawaii County, as defined by Hawaii
Revised Statute §92F-3, to also include, but not limited to its
agents and employees, or separate branches of this department,
whom also may possess knowledge or have access to the
information requested herein. If any of the forthcoming
government document requests are not held by the agencies
identified above, we ask that you forward this letter
accordingly to the agency or individual with possession of the
requested information.
This formal request seeks to gain access to the government
records requested in proceeding paragraphs. These government
records may be currently held by the agency in the following
forms: written, auditory, visual, electronic, other physical
form, or however else retained.
II. INFORMATION REQUESTED PURSUANT TO HAR §2-71-12
1) The server, e-mail platform (i.e., Microsoft Exchange), and e-
mail retention policy for the Hawaii County Police Department.
Christopher H. Baker
Hawaii Concealed Carry
3308 Moreell Street
Honolulu, Hawaii 96818
808-722-6847
2) From 01 January, 2010 – 01 January, 2011, any policies, memos,
or informational handouts issued by the Chief of Police that
are in regards to open carry, concealed carry, carry permits,
or firearm permits.
3) The most current policy promulgated by Hawaii County Chief of
Police, Harry S. Kubojiri, that maintains his compliance with
HRS §134-91.
4) If not contained within the scope of information from §II Part
(3)of this request. The most current policy or procedure
promulgated by the Chief of Police that defines his
requirements of HRS §134-9(b) (1) and the phrase, “Be
qualified to use the firearm in a safe manner.”
5) A copy of the Hawaii Police Departments application for a
concealed firearms permit, and any required forms that would
be submitted to the agency in order to meet the requirements
of HRS §134-9 during the application process, such as, but not
limited to: mental health disclosure waivers.
6) A copy of the Hawaii Police Departments application to openly
carry a firearm.
III. DISCLOSURE OF DOCUMENTS REQUIRED
All government records are open to the public unless access is
restricted or closed by law2.
1
HRS §134-9 requires the following:
(b) The chief of police of each county shall adopt procedures
to require that any person granted a license to carry a
concealed weapon on the person shall:
(1) Be qualified to use the firearm in a safe manner;
(2) Appear to be a suitable person to be so licensed;
(3) Not be prohibited under section 134-7 from the
ownership or possession of a firearm; and
(4) Not have been adjudged insane or not appear to be
mentally deranged. (emphasis added)
Christopher H. Baker
Hawaii Concealed Carry
3308 Moreell Street
Honolulu, Hawaii 96818
808-722-6847
The requested documents are not readily available to the public.
Additionally, they are not burdened by any exceptions, as such,
the requested documents and information are required to be
disclosed under §92F-12 Disclosure Required: (1) Rules of
procedure, substantive rules of general applicability,
statements of general policy, and interpretations of general
applicability adopted by agency, and(15) Information collected
and maintained for the purpose of making information available
to the general public.
IV. LOCATION AND METHOD OF DISCLOSURE
We ask that you provide the requested documents by way of mail,
e-mail, or download. For any of previously requested public
documents, to which there is an available electronic format, we
request that the same electronic format be made available to us
at the requesters address in the document headers or section
VIII. We do not feel this constitutes a burden to your agency’s
function, and conforms to the requirements of HAR §2-71-18. The
applicable section states:
HAR §2-71-18 Location of disclosure; alternatives -(C)
When a requester requests that a copy of a record be
transmitted by mail, telefax, or other means, the
agency shall make a reasonable effort to transmit the
copy of the record in the manner sought by the
requester.
V. EXCEPTIONS
1. The Privacy Exception
We find no privacy bearing on the requested documents. All
communications at work should be discloseable to the
public. As it is, all communication systems should be
utilized for business use only, not for personal enjoyment.
There should be nothing for a government entity to hide
while performing the general duties of their office. This
is obviously, not in reference to those communications that
lie under the exempted provisions of Law Enforcement
2
Hawaii Open Records Law Handbook: Page 13, “Disclosure
Provisions”
Christopher H. Baker
Hawaii Concealed Carry
3308 Moreell Street
Honolulu, Hawaii 96818
808-722-6847
investigations. Therefore we believe all requested
documents should not be burned by the privacy exemption.
There are no individuals who may have a direct or
significant privacy interest contained in the requested
documents. If a significant privacy interest were to be
found, it is not imagined that it would outweigh the factor
of public interest. In fact, even if a privacy concern was
identified, if the public interest outweighs that of the
individuals privacy concern, your agency is required by law
to disclose the documents requested (HRS §92F-13(1)).
We have not found any of the provisions within HRS §92F-14
Significant Privacy Interest, to apply to the requested
public information. We do, however, strongly believe that
the requested documents fall greatly within the scope of
the public interest of disclosure. The requested documents
will unquestionably provide a beam of light upon the Hawaii
Police Department’s performance within its statutory
purposes and the conduct of its officers and agents. If
those reasons were not enough, the requested documents
promotes government accountability, by ensuring the police
department is operating in compliance with state laws,
policies and procedures, ensuring citizens are given their
equal protection of laws and due process guaranteed by the
both the federal and state constitution.
2. Litigation Exception
Currently, no litigation is pending against the state in
regards to the requested documents. Therefore, we do not
foresee your ability to utilize HRS §92F-13(2) to deny our
request.
3. The Frustration Exception
It is certainly no frustration to the Hawaii Police Department,
or any other applicable agency to have these documents made
readily available to the public. In fact, wide-spread
dissemination of this information would ease any burdens placed
upon the agency. The requested information does not fall within
the scopes of HRS §92F-13 (3), sections (1)(2)(3)(4)(5)(6) or
(7).
Christopher H. Baker
Hawaii Concealed Carry
3308 Moreell Street
Honolulu, Hawaii 96818
808-722-6847
4. Law or Order, and Legislative Exception
No provisions of Hawaii state law is believed to exempt the
agencies from the requester’s inquiry. We have located no
official opinions from the Office of Information Practices that
will preclude you from disclosing the requested information.
VI. RESPONSE TO FORMAL REQUEST
A response is expected within, at a maximum, ten business days
from the receipt of this letter (HAR §2-71-13, (A)). Should
there be any issues that arise, a written notice, is still
required within ten days (maximum) of receipt of this request.
VII. ASSESSMENT OF FEES; PRE-PAYMENT AND WAIVERS
We are willing to pay reasonable direct costs related to this
request. This includes single copies of documents, media (CD’s),
and applicable fees dictated by legislation. Agencies are
required to waive the first $30.00 USD of fees for requests.
1. PREPAYMENT – The agency may only demand fifty-percent of
the total estimated fees for searching for, reviewing,
and segregating records, when the estimated fees exceed
$30.00. If other services are required to prepare or
transmit the requested documents or information 100% of
those fees may be requested by your agency.
2. Waivers HAR §2-71-32 – Agencies shall waive $60 of the
fees that may be assed when: The requester finds that the
waiver of fees would be in the public interest , the
request for a waiver of fees is supported by a statement
of facts, including the requester’s identity.
Statement of Facts:
Hawaii Concealed Carry (HCCW) is an interest group who promotes
education of the Second Amendment. The information requested
directly relates to the groups purpose of promoting, restoring,
and educating the populace on the Second Amendment rights
contained in the United States and Hawaii Constitutions.
These requested records and documents are not readily available
to the public domain. We have found no references to these forms
Christopher H. Baker
Hawaii Concealed Carry
3308 Moreell Street
Honolulu, Hawaii 96818
808-722-6847
or applications online anywhere. Many other forms and
information can be found on agencies websites (e.g.,
www.ehawaii.gov) and provide true and reasonable access to those
documents.
It is our absolute intention to disseminate this information to
the public, not just across the islands, but nationally as well.
Currently, HCCW has over 250 members, with many ties through
social media, online forums and web presences. Our group reaches
out to numerous unique visitors on a daily basis; we have ties
to many forums based on firearms and related topics; we also
maintain access to various and mailing and distribution lists.
Distributing information to the public at large is a common
operation of the organization.
We find that it’s critical to the operation of a government that
its citizens are made aware of the policies and procedures that
it is governed by. There is a significant public interest in
ensuring that firearm carry permits are being managed in a
constitutional manner; that persons are not being coerced or
discouraged from applying for a permit to carry pursuant to HRS
§134-9; that persons are not being unjustly denied their due
process in attempting to apply, by being refused access to these
forms and documents.
VII. Severability
The requested information may be viewed as severable. If you are
unable to provide all of the requests, or a request raises large
amounts of questions, we request that all other information be
released in a timely fashion. If our request is denied in whole
or in any part, we require that you justify all deletions and
denials by specifying the exact reference to the legal
exemptions of the act and provide proper legal citation.
VIII. CONTACT INFORMATION
All E-mail should be directed to Chris@Hawaiiccw.com.
All mailings should be sent to the following address:
Christopher H. Baker
Hawaii Concealed Carry
3308 Moreell Street
Christopher H. Baker
Hawaii Concealed Carry
3308 Moreell Street
Honolulu, Hawaii 96818
808-722-6847
Honolulu, Hawaii 96818
Should you require the ability to converse with us by telephone,
we may be contacted at 808-722-6847.
Thank you for your assistance.
Sincerely,
Christopher H. Baker
