Report Title:

Firearms; More Stringent Regulation

 

Description:

Prohibits: (1) the acquisition, possession, transportation, use, or sale of firearms by anyone under 21; (2) after 12/31/01, the importation, sale, acquisition, and transfer of pistols and revolvers; and (3) the acquisition of more than one firearm during any 30-day period, with certain exceptions. Requires: (1) separate applications and permits for all firearms; and (2) proof of registration for the transfer of ammunition.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1450

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO FIREARMS.

 

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

SECTION 1. While Hawaii has led the nation in protecting its citizens through the regulation of firearms ownership and use, Hawaii's citizens have still suffered from unacceptably high levels of violence, injury, and death from firearms. Between 1988 and 1997, for example, there were five hundred sixty-one firearms-related fatalities in Hawaii (almost five per month), forty-five of whom were children.

Moreover, there is no longer any doubt that stronger firearms restrictions directly result in lower rates of firearms-related injuries and death. For example, according to a 1997 United Nations study, the United States (including Hawaii) has weaker firearms regulations, and higher firearms-related violence, injuries, and deaths, than all other industrialized nations and most developing ones. By contrast, Japan and the United Kingdom, which have longstanding strict regulation of firearms and have recently banned private ownership of virtually all handguns, have very low rates of firearms-related violence, injuries, and death.

Under these circumstances, the legislature finds that the provisions of this Act represent reasonable restrictions on whatever constitutional rights of citizens of this State to keep and bear arms might exist. Accordingly, the purpose of this Act is to protect the health, safety, and welfare of the people of this State through the following measures that regulate firearms:

(1) Prohibit the acquisition, possession, transportation, use, or sale of firearms by anyone under twenty-one years of age. No exceptions are made for hunting or firing ranges, even with adult supervision;

(2) Prohibit the importation, sale, acquisition, and transfer of pistols and revolvers;

(3) Require that permits to acquire any firearm, rather than only a pistols or revolvers, have a separate application and permit for each transaction. This Act also repeals language entitling permittees of rifles and shotguns to make subsequent purchases of rifles or shotguns for a period of one year from the date of issue without a separate application and permit for each acquisition, subject to disqualification and revocation provisions under law. This Act further requires the owner of a firearm to register an unregistered firearm prior to July 1, 2002, if registration of the firearm was not required at the time the firearm was originally acquired, and sets registration fees according to registration deadlines for owners of unregistered firearms and registered subsequent to December 31, 2001;

(4) Require proof of registration of firearm in order to transfer ammunition; and

(5) Prohibit a person from acquiring more than one firearm during any thirty-day period, except for persons licensed to sell and manufacture firearms.

SECTION 2. Chapter 134, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§134-A Time and quantity limitations on the acquisition of firearms. Notwithstanding any law to the contrary, no person may acquire more than one firearm during any thirty-day period except persons licensed to sell and manufacture firearms pursuant to section 134-31; provided that the exemptions established by section 134-11 shall also apply to this section.

§134-B Firearms; age prohibition. (a) No person in this State under twenty-one years of age may acquire, possess, transport, or otherwise use any firearm, or sell any firearm to any other person.

(b) No exceptions shall be permitted to the prohibition in subsection (a)."

SECTION 3. Section 134-2, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows:

"(d) The chief of police of the respective counties may issue permits to acquire firearms to citizens of the United States of the age of twenty-one years or more, or duly accredited official representatives of foreign nations, or duly commissioned law enforcement officers of the State who are aliens; provided that any law enforcement officer who is the owner of a firearm and who is an alien shall transfer ownership of the firearm within forty-eight hours after termination of employment from a law enforcement agency. The chief of police of each county may issue permits to aliens of the age of [eighteen] twenty-one years or more for use of rifles and shotguns for a period not exceeding sixty days, upon a showing that the alien has first procured a hunting license under chapter 183D, part II. The chief of police of each county may issue permits to aliens of the age of twenty-one years or more for use of firearms for a period not exceeding six months, upon a showing that the alien is in training for a specific organized sport-shooting contest to be held within the permit period. The attorney general shall adopt rules, pursuant to chapter 91, as to what constitutes sufficient evidence that an alien is in training for a sport-shooting contest. Notwithstanding any provision of the law to the contrary and upon joint application, the chief of police may issue permits to acquire firearms jointly to spouses who otherwise qualify to obtain permits under this section.

(e) The permit application form shall be signed by the applicant and by the issuing authority. One copy of the permit shall be retained by the issuing authority as a permanent official record. Except for sales to dealers licensed under section 134-31, or dealers licensed by the United States Department of the Treasury, or law enforcement officers, or where a license is granted under section 134-9, or where any firearm is registered pursuant to section 134-3(a), no permit shall be issued to an applicant earlier than fourteen calendar days after the date of the application; provided that a permit shall be issued or the application denied before the twentieth day from the date of application. Permits issued [to acquire any pistol or revolver] shall be void unless used within ten days after the date of issue. Permits to acquire a [pistol or revolver] firearm shall require a separate application and permit for each transaction. [Permits issued to acquire any rifle or shotgun shall entitle the permittee to make subsequent purchases of rifles or shotguns for a period of one year from the date of issue without a separate application and permit for each acquisition, subject to the disqualifications under section 134-7 and subject to revocation under section 134-13; provided that if a permittee is arrested for committing a felony or any crime of violence or for the illegal sale of any drug, the permit shall be impounded and shall be surrendered to the issuing authority.]"

SECTION 4. Section 134-2.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Upon a finding that public safety is not endangered, the chief of police of the appropriate county may issue permits, initially valid for a period of one year and renewable annually thereafter, for the possession, transportation, or use, with blank cartridges, of firearms or explosives solely as props for motion picture films or television program production upon a showing that good cause exists for the issuance of a permit to the applicant and upon sufficient proof of a federal firearms license and a state film permit required under section 201-3. No permit shall be issued to a person who is under [twenty] twenty-one years of age or who is disqualified under section 134-7."

SECTION 5. Section 134-3, Hawaii Revised Statutes, is amended to read as follows:

"§134-3 Registration, mandatory, exceptions. (a) Every person arriving in the State who brings or by any other manner causes to be brought into the State a firearm of any description, whether usable or unusable, serviceable or unserviceable, modern or antique, shall register the firearm within three days after arrival of the person or of the firearm, whichever arrives later, with the chief of police of the county of the person's place of business or, if there is no place of business, the person's residence or, if there is neither a place of business nor residence, the person's place of sojourn. A nonresident alien may bring firearms not otherwise prohibited by law into the State for a continuous period not to exceed ninety days; provided that the person meets the registration requirement of this section and the person possesses:

(1) A valid Hawaii hunting license procured under chapter 183D, part II, or a commercial or private shooting preserve permit issued pursuant to section 183D-34;

(2) A written document indicating the person has been invited to the State to shoot on private land; or

(3) Written notification from a firing range or target shooting business indicating that the person will actually engage in target shooting.

The nonresident alien shall be limited to a nontransferable registration of not more than ten firearms for the purpose of the above activities.

(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. If registration of the firearm was not required at the time the firearm was originally acquired, the owner shall register the unregistered firearm prior to July 1, 2002. For each firearm for which registration was not required at the time the firearm was originally acquired but which is registered on or prior to December 31, 2001, the owner shall pay no fee for registration. For each firearm for which registration was not required at the time the firearm was originally acquired but which is registered after December 31, 2001, the owner shall pay a fee upon registration of $100. 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. 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 processing the registration or as may be required by a law enforcement agency for the lawful performance of its duties or as may be required by order of a court.

(c) No person or firearms dealer shall transfer firearm ammunition to another person without first requiring the transferee to produce an accurate copy of the registration document on file with the police department evidencing registration of the firearm for which the transferee wishes to obtain ammunition.

[(c)] (d) Dealers licensed under section 134-31 or dealers licensed by the United States Department of the Treasury shall register firearms pursuant to this section on registration forms prescribed by the attorney general and shall not be required to have the firearms physically inspected by the chief of police at the time of registration.

[(d)] (e) Registration shall not be required for:

(1) Any device that is designed to fire loose black powder or that is a firearm manufactured before 1899;

(2) Any device not designed to fire or made incapable of being readily restored to a firing condition; or

(3) All unserviceable firearms and destructive devices registered with the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of the Treasury pursuant to Title 27, Code of Federal Regulations.

[(e) No] (f) Except as provided in subsection (b), no fee shall be charged for the registration."

SECTION 6. Section 134-4, Hawaii Revised Statutes, is amended to read as follows:

"§134-4 Transfer, possession of firearms. (a) No transfer of any rifle having a barrel length of sixteen inches or over or any shotgun having a barrel length of eighteen inches or over, whether usable or unusable, serviceable or unserviceable, modern or antique, registered under prior law or by a prior owner, or unregistered shall be made to any person under the age of [eighteen] twenty-one years[, except as provided by section 134-5].

(b) No person shall possess any firearm that is owned by another, regardless of whether the owner has consented to possession of the firearm, without a permit from the chief of police of the appropriate county, except as provided in subsection (c) and section 134-5.

(c) Any lawfully acquired rifle or shotgun may be lent to an adult for use within the State for a period not to exceed fifteen days without a permit; provided that where the rifle or shotgun is to be used outside of the State, the loan may be for a period not to exceed seventy-five days.

(d) No person shall knowingly lend a firearm to any person who is prohibited from ownership or possession of a firearm under section 134-7.

(e) After July 1, 1992, no person shall bring or cause to be brought into the State an assault pistol. No assault pistol may be sold or transferred on or after July 1, 1992, to anyone within the State other than to a dealer licensed under section 134-32 or the chief of police of any county except that any person who obtains title by bequest or intestate succession to an assault pistol registered within the State shall, within ninety days, render the weapon permanently inoperable, sell or transfer the weapon to a licensed dealer or the chief of police of any county, or remove the weapon from the State.

(f) After December 31, 2001, no person shall bring or cause to be brought into the State a pistol or revolver. No pistol or revolver may be sold or transferred on or after December 31, 2001, to anyone within the State other than to a dealer licensed under section 134-32 or the chief of police of any county, except that any person who obtains title by bequest or intestate succession to a pistol or revolver registered within the State shall, within ninety days, render the weapon permanently inoperable, sell or transfer the weapon to a licensed dealer or the chief of police of any county, or remove the weapon from the State."

SECTION 7. Section 134-5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person of the age of [sixteen] twenty-one years[,] or over [or any person under the age of sixteen years while accompanied by an adult,] may carry and use any lawfully acquired rifle or shotgun and suitable ammunition while actually engaged in hunting or target shooting or while going to and from the place of hunting or target shooting; provided that the person has procured a hunting license under chapter 183D, part II. A hunting license shall not be required for persons engaged in target shooting."

SECTION 8. Section 134-9, Hawaii Revised Statutes, is amended to read as follows:

"§134-9 [Licenses] Permit to acquire pistols and revolvers; licenses to carry. (a) In an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property, the chief of police of the appropriate county may grant a [license] permit to acquire a pistol or revolver, a license to carry an unconcealed weapon, or a license to carry a concealed weapon to an applicant who is a citizen of the United States of the age of twenty-one years or more or to a duly accredited official representative of a foreign nation of the age of twenty-one years or more. A license to carry a concealed weapon shall authorize the licensee to carry a pistol or revolver and ammunition therefor concealed on the person within the county where the license is granted. Where the urgency or the need has been sufficiently indicated, the respective chief of police may grant to an applicant of good moral character who is a citizen of the United States of the age of twenty-one years or more, is engaged in the protection of life and property, and is not prohibited under section 134-7 from the ownership or possession of a firearm, a license to carry a pistol or revolver and ammunition therefor unconcealed on the person within the county where the license is granted. Unless renewed, the license shall expire one year from the date of issue.

(b) The chief of police of each county shall adopt procedures to require that any person granted a permit to acquire a pistol or revolver, a license to carry an unconcealed weapon, or 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.

(c) No person shall acquire a pistol or revolver or carry concealed or unconcealed on the person a pistol or revolver without being permitted or licensed to do so under this section or in compliance with section 134-6.

(d) A fee of $10 shall be charged for each permit or license and shall be deposited in the treasury of the county in which the license is granted."

SECTION 9. Section 134-17, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any person who violates section 134-2, 134-4, 134-A, 134-B, 134-10, 134-15, or 134-16(a) shall be guilty of a misdemeanor. Any person who violates section 134-3(b) shall be guilty of a petty misdemeanor and the firearm shall be confiscated as contraband and disposed of, if the firearm is not registered within five days of the person receiving notice of the violation."

SECTION 10. In codifying the new sections added to chapter 134, Hawaii Revised Statutes, by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for letters used in the designation of those new sections.

SECTION 11. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 12. This Act shall take effect on July 1, 2001.

INTRODUCED BY:

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