Report Title:

Ammunition, Limit on Sale of

 

Description:

Makes it a misdemeanor for any person to sell ammunition for any firearm to any person except upon proof that the purchaser is the registered owner of the firearm for which the ammunition is being purchased or, in the case of ammunition for a rifle or shotgun acquired prior to 7/1/94, dated sales receipt for firearm, other written valuable indicia of ownership, or a certificate of ownership issued by county police chief. Requires recordkeeping.

 

THE SENATE

S.B. NO.

136

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO AMMUNITION.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 134, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§134-A Sale of ammunition; proof of registration required. (a) No person shall sell ammunition for any firearm required to be registered under section 134-3, except upon proof that the purchaser is the registered owner of the firearm for which the ammunition is being purchased. Any person selling ammunition shall keep a written record of all sales of ammunition, including the name of the firearm owner, the owner's registration number, and the type of ammunition purchased. For purposes of this section, presentation of a copy of a completed and stamped registration form pursuant to section 134-3(b) shall constitute proof that the purchaser is the registered owner of the firearm.

(b) Any person who violates this section shall be guilty of a misdemeanor.

§134-B Purchase of ammunition for rifles or shotguns acquired prior to July 1, 1994. (a) Notwithstanding section 134-A, a person may sell ammunition to a purchaser for an unregistered rifle or shotgun acquired prior to July 1, 1994; provided that, after June 30, 2001, no person shall sell ammunition for any rifle or shotgun acquired prior to July 1, 1994, except upon:

(1) Proof that the purchaser is the registered owner of the rifle or shotgun for which the ammunition is being purchased, as provided in section 134-A; or

(2) Production by the purchaser of either:

(A) A dated sales receipt for the rifle or shotgun;

(B) Other reliable, written indicia of lawful ownership prior to July 1, 1994; or

(C) A certificate of ownership issued by the chief of police of the appropriate county.

The form of the certificate of ownership for purposes of purchasing ammunition shall be prescribed by the attorney general and shall be uniform throughout the State. The seller of ammunition shall comply with the recordkeeping requirements of section 134-A.

(b) Any person who violates this section shall be guilty of a misdemeanor."

SECTION 2. Section 134-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) Every person who acquires a firearm pursuant to section 134-2 shall register the firearm in the manner prescribed by this section within five days of acquisition. The registration shall be on forms prescribed by the attorney general, which shall be uniform throughout the State, and shall include the following information: name of the manufacturer and importer; model; type of action; caliber or gauge; serial number; and source from which receipt was obtained, including the name and address of the prior registrant. If the firearm has no serial number, the permit number shall be entered in the space provided for the serial number, and the permit number shall be engraved upon the receiver portion of the firearm prior to registration. The person registering the firearm shall be given a copy of the completed registration form stamped with an indicia of acceptance by the applicable chief of police. The indicia of acceptance shall be prescribed by the attorney general and shall be uniform throughout the State. All registration data that would identify the individual registering the firearm by name or address shall be confidential and shall not be disclosed to anyone, except as may be required [for]:

(1) For processing the registration or as may be required by a law enforcement agency for the lawful performance of its duties;

(2) By section 134-B; or [as may be required by]

(3) By order of a court."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. In codifying the new sections added by section 1, and referred to in section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections of this Act.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2001.

INTRODUCED BY:

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