Explore The NRA Universe Of Websites

APPEARS IN News

“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. 

 

TRENDING NOW
U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

ATF Invites FFLs Zeroed Out Under Biden-Harris to Reapply

News  

Tuesday, May 27, 2025

ATF Invites FFLs Zeroed Out Under Biden-Harris to Reapply

Among all the infringements of the Second Amendment perpetrated by the Biden-Harris regime, one of the most punitive and consequential was ATF’s “zero tolerance” enforcement policy for Federal Firearms Licensees (FFLs). 

U.S. Representative Suggests TRIPLING ($600) Suppressor Tax!

News  

Tuesday, May 27, 2025

U.S. Representative Suggests TRIPLING ($600) Suppressor Tax!

Excellent news for gun owners came last week when the U.S. House of Representatives passed President Donald Trump's One Big Beautiful Bill, which includes the complete removal of suppressors from the National Firearms Act (NFA). 

Twenty-four State Attorneys General Urge Congress to Pass H.R. 38

News  

Monday, June 2, 2025

Twenty-four State Attorneys General Urge Congress to Pass H.R. 38

On May 21, two dozen state attorneys general sent a letter to the leadership of the U.S. House of Representatives, urging that body to pass H.R. 38, the Constitutional Concealed Carry Reciprocity Act.

Loot Canal: U.S. Taxpayers Funded Bizarre Dental “Gun Violence” Research

News  

Monday, June 2, 2025

Loot Canal: U.S. Taxpayers Funded Bizarre Dental “Gun Violence” Research

When the Biden-Harris administration made clear they intended to use a “whole-of-government” approach to suppress Second Amendment rights, few could have predicted their efforts would extend all the way to the dentist’s office.

Australia’s Gun Laws, Failing in Different Ways

News  

Monday, June 2, 2025

Australia’s Gun Laws, Failing in Different Ways

Everything is relative, so the saying goes, which means that once in a while, it’s instructive to read about the gun laws and the state of gun rights in other countries. 

NRA Files Amicus Brief in Challenge to Machinegun Possession Ban

Wednesday, June 4, 2025

NRA Files Amicus Brief in Challenge to Machinegun Possession Ban

Yesterday, the National Rifle Association, Firearms Policy Coalition, and FPC Action Foundation filed an amicus brief arguing that the federal prohibition on machinegun possession is unconstitutional as applied to the defendant in the Fifth Circuit case, United States ...

ATF Updates “Brady Permit Chart,” Reduces Need for Redundant NICS Checks

News  

Monday, June 2, 2025

ATF Updates “Brady Permit Chart,” Reduces Need for Redundant NICS Checks

We have been reporting on recent reforms by ATF to make its operations more transparent, professional, and public safety focused and less openly hostile to law abiding gun owners and the industries that serve them. 

Anti-gun Shakedown Machine Now Targets Toy Gun Sellers

News  

Monday, June 2, 2025

Anti-gun Shakedown Machine Now Targets Toy Gun Sellers

The pro-Second Amendment community understands that guns are not toys.

Maine: Floor Votes on Extreme Anti-Gun Bills Imminent

Tuesday, June 3, 2025

Maine: Floor Votes on Extreme Anti-Gun Bills Imminent

This evening, lawmakers will caucus with their respective parties to discuss firearm bills before these bills head to the floor for their final votes. 

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.