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Licensed gun dealer given probation for firearms violations
WAILUKU – A gun shop owner apologized and said he had cautioned his customers about proper firearm registration procedures, as he was sentenced Thursday on multiple charges of possessing unregistered firearms and high-capacity magazines earlier this year.
“I’ve paid a heavy price,” said 64-year-old David V. Hakes.
The licensed gun dealer said he depleted his retirement savings to post bail, hire a lawyer and continue paying rent for his business.
“Even though I could not be around guns and ammunition, I felt a need to open my shop in the morning so I’d have a reason to put my feet on the floor and to keep in contact with my customers,” Hakes said. “I have to keep my doors open. I just have to.”
Second Circuit Judge Joseph Cardoza followed a recommendation by both the prosecution and defense in giving Hakes a chance to keep the convictions off his record if he follows court requirements for five years on felony charges and one year on other charges.
“Hopefully, as time moves on, this will be something that you have learned from and, at the same time, something you can put in the past,” Cardoza said.
Hakes had pleaded no contest as charged to two felony counts and 15 misdemeanor counts of possessing a prohibited pistol magazine and 42 petty misdemeanor counts of acquiring a firearm without registration.
State law prohibits magazines capable of holding more than 10 rounds of ammunition. The charge is a misdemeanor unless the magazine is in a pistol, which makes the charge a felony.
Firearms are required to be registered within five days of acquisition under the law.
As part of the plea agreement, Hakes agreed to testify in the case of Kihei resident Michael Hyatt, who was charged with multiple firearms offenses after police seized rifles, handguns, semiautomatic weapons and one fully automatic gun when officers searched his home in February.
After learning that Hyatt had given eight guns to Hakes to sell on consignment, officers searched Hakes’ home in Pukalani and his business, Hakes Barrel Works in the Millyard area of Wailuku.
Police reported seizing 22 handguns, 20 rifles and shotguns and 17 illegal high-capacity magazines from Hakes’ home and business.
A total of 96 guns were seized from both men, according to police.
Deputy Prosecutor Robert Rivera said the prosecution recommended that Hakes be given a chance to keep the convictions off his record because he was willing to testify in Hyatt’s case.
As part of his sentence, Hakes was ordered not to own or possess firearms and ammunition.
“He will not be able to operate his business,” said defense attorney Philip Lowenthal. “He’s at work, but he can’t really do business.”
Lowenthal said he and Hakes would return to court after a while in hopes of having Hakes’ deferral period shortened.
Hyatt, 65, is scheduled to be sentenced later this month after pleading no contest to one felony charge of possessing a prohibited pistol magazine and 52 petty misdemeanor charges of acquiring a firearm without registration. Two other charges were dismissed in exchange for his pleas.
http://www.mauinews.com/story.aspx?id=13977
looking at these 'violations', how many of these are things that most of us (except those in CA, MA, and NY) take for granted every day?
WAILUKU – A gun shop owner apologized and said he had cautioned his customers about proper firearm registration procedures, as he was sentenced Thursday on multiple charges of possessing unregistered firearms and high-capacity magazines earlier this year.
“I’ve paid a heavy price,” said 64-year-old David V. Hakes.
The licensed gun dealer said he depleted his retirement savings to post bail, hire a lawyer and continue paying rent for his business.
“Even though I could not be around guns and ammunition, I felt a need to open my shop in the morning so I’d have a reason to put my feet on the floor and to keep in contact with my customers,” Hakes said. “I have to keep my doors open. I just have to.”
Second Circuit Judge Joseph Cardoza followed a recommendation by both the prosecution and defense in giving Hakes a chance to keep the convictions off his record if he follows court requirements for five years on felony charges and one year on other charges.
“Hopefully, as time moves on, this will be something that you have learned from and, at the same time, something you can put in the past,” Cardoza said.
Hakes had pleaded no contest as charged to two felony counts and 15 misdemeanor counts of possessing a prohibited pistol magazine and 42 petty misdemeanor counts of acquiring a firearm without registration.
State law prohibits magazines capable of holding more than 10 rounds of ammunition. The charge is a misdemeanor unless the magazine is in a pistol, which makes the charge a felony.
Firearms are required to be registered within five days of acquisition under the law.
As part of the plea agreement, Hakes agreed to testify in the case of Kihei resident Michael Hyatt, who was charged with multiple firearms offenses after police seized rifles, handguns, semiautomatic weapons and one fully automatic gun when officers searched his home in February.
After learning that Hyatt had given eight guns to Hakes to sell on consignment, officers searched Hakes’ home in Pukalani and his business, Hakes Barrel Works in the Millyard area of Wailuku.
Police reported seizing 22 handguns, 20 rifles and shotguns and 17 illegal high-capacity magazines from Hakes’ home and business.
A total of 96 guns were seized from both men, according to police.
Deputy Prosecutor Robert Rivera said the prosecution recommended that Hakes be given a chance to keep the convictions off his record because he was willing to testify in Hyatt’s case.
As part of his sentence, Hakes was ordered not to own or possess firearms and ammunition.
“He will not be able to operate his business,” said defense attorney Philip Lowenthal. “He’s at work, but he can’t really do business.”
Lowenthal said he and Hakes would return to court after a while in hopes of having Hakes’ deferral period shortened.
Hyatt, 65, is scheduled to be sentenced later this month after pleading no contest to one felony charge of possessing a prohibited pistol magazine and 52 petty misdemeanor charges of acquiring a firearm without registration. Two other charges were dismissed in exchange for his pleas.
http://www.mauinews.com/story.aspx?id=13977
looking at these 'violations', how many of these are things that most of us (except those in CA, MA, and NY) take for granted every day?
