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“Rap Back” or Rip-Off? Aloha State Gun Owners Sue for Disclosure of Information

Friday, May 10, 2019

“Rap Back” or Rip-Off? Aloha State Gun Owners Sue for Disclosure of Information

NRA-ILA has previously written about the FBI’s “Rap Back” service, a law enforcement tool allowing authorized agencies to receive automatic criminal history updates about particular individuals – a person under criminal investigation or subject to probation or parole, or for noncriminal purposes, to monitor an employment applicant or person in a position of public trust, to ensure that they are  not engaging in criminal conduct that would disqualify them from that employment.

Under Rap Back, an authorized agency submits the fingerprints of the person to be monitored for retention into Rap Back. “This will result in an ongoing review or continuous evaluation of the criminal history status of each individual” for “as long as the individuals are appropriately subscribed to the Rap Back Service” (subject to general time limits). During that subscription timeframe, the service reports back to the authorized agency with ongoing notifications regarding arrests, warrants, or some other criminal activity being flagged in relation to that individual.

In Hawaii, state law imposes a registration requirement on almost all firearms. Under a bill signed into law in June 2016, Hawaii became the first state to couple this registration requirement to the Rap Back service. Anyone who applied to register a firearm (or renew a registration) and provided fingerprints as part of that process was to be entered into the FBI’s Rap Back service database. According to the state government, firearm registration applicants must sign a “consent and notification” form to allow the use of their information in Rap Back, with increased fees following the bill’s enactment. The Rap Back services “began retaining fingerprints for all new firearms on December 4, 2016,” and registration is denied for anyone who refuses to provide this consent.

Signing the bill into law, Governor David Ige asserted its community and public safety justification: “This system will better enable our law enforcement agencies to ensure the security of all Hawai‘i residents and visitors to our islands. This bill has undergone a rigorous legal review process by our Attorney General’s office and we have determined that it is our responsibility to approve this measure for the sake of our children and families.”

In hindsight, the governor’s confidence in this measure may have been misplaced. The Hawaii Firearms Coalition (HIFICO), a gun rights advocacy group, is questioning whether any of the state’s firearm owners have actually been enrolled in the Rap Back service database in the years since the bill took effect.

In an effort to determine the extent of the state’s participation in Rap Back under the 2016 law, HIFICO had submitted a request to the FBI under the federal Freedom of Information Act (FOIA), seeking copies of all documents and communications between the FBI and the State of Hawaii regarding or relating to firearm owners in the state and Rap Back, to specifically include records on payments from the state to the FBI related to firearm owner registration in the Rap Back service. The group anticipates that production of these records will disclose (among other things) whether the FBI is denying the state the use of the Rap Back service and whether this is due to the potential impact on privacy rights and gun rights.    

According to a lawsuit that has since been filed by HIFICO against the FBI, the FBI has failed to respond to the FOIA request. The suit asks the court to order the FBI to search for and produce the appropriate records in response to the outstanding FOIA request. 

This is a developing story, with many questions about how this Rap Back program has been implemented following the enactment of the 2016 law.

In the meantime, this raises the unfortunate possibility that Hawaii’s law falls within the kind of “window dressing” legislation much favored by gun control advocates, where any infringement on the constitutional rights of law-abiding gun owners is acceptable, regardless of whether the promised tradeoffs in “public safety” are actually likely to result. 

 

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North Carolina: Update on Permitless Carry

Tuesday, September 30, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

Federal Court Strikes Down Biden Administration’s “Engaged in the Business” Rule in NRA Case

Thursday, October 2, 2025

Federal Court Strikes Down Biden Administration’s “Engaged in the Business” Rule in NRA Case

Yesterday, in Butler v. Bondi, the U.S. District Court for the Northern District of Alabama held that the Bureau of Alcohol, Tobacco, Firearms and Explosives exceeded its statutory authority by issuing its 2024 Final Rule expanding ...

First Affirmative Lawsuit in Support of Gun Owners Filed by Trump’s DOJ

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Monday, October 6, 2025

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California officials’ egregious foot-dragging over the issuance of carry permits has finally attracted the ire of the federal Department of Justice (DOJ). 

President Trump’s GOP Leads Polling on Crime and Guns, To No Surprise

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Monday, October 6, 2025

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A recent Reuters/Ipsos poll revealed that Americans know the President Donald Trump-led Republican Party has a better plan than their Democratic Party opponents on crime and gun control.

NRA Files Amicus Brief in Fifth Circuit Case Challenging the Federal Switchblade Act

Friday, October 3, 2025

NRA Files Amicus Brief in Fifth Circuit Case Challenging the Federal Switchblade Act

Yesterday, the National Rifle Association filed an amicus brief in Knife Rights, Inc. v. Bondi, urging the Fifth Circuit Court of Appeals to reverse the U.S. District Court for the Northern District of Texas’s decision upholding the Federal ...

Trump Administration Repeals Biden Era Firearms Export Crackdown

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Monday, October 6, 2025

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Last Monday, the Bureau of Industry and Security (BIS) at the U.S. Department of Commerce published a final rule that reversed a crackdown on the commercial export of firearms from the U.S. to other countries.

Trust in Mass Media Craters to New Lows, in Single Digits With Republicans

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Monday, October 6, 2025

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There’s an old saying that rings especially true to Second Amendment supporters: If you don’t read the news, you’re uninformed.

Alphabet Eases the Reins on Censorship; Will Gun Content Eventually Benefit?

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Canada’s Public Safety Minister on Gun Ban & Confiscation: “Don’t Ask Me to Explain the Logic”

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Monday, September 29, 2025

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U.S. Supreme Court Agrees to Hear Challenge to Hawaii’s Private Property Default Carry Ban

Friday, October 3, 2025

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.