Report Title:

Firearms; Nonresident

 

Description:

Authorizes nonresidents to apply for nonresident's permit to bring firearms into the State for purposes of sport-shooting or hunting.

 

THE SENATE

S.B. NO.

1282

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. The legislature finds that an excellent opportunity for economic development for the State of Hawaii is to enhance the ability of nonresidents to participate in hunting and sport shooting events, some of which are among the fastest growing sports in the nation. The legislature further finds that encouraging the attendance of nonresidents who desire to use their own firearms while participating in these activities would facilitate this goal. However, present firearms registration laws, as they relate to nonresidents, are insufficient to achieve this goal, as they do not meaningfully address this group of visitors to Hawaii.

Accordingly, the purpose of this Act is to adopt firearms registration laws for nonresidents to encourage their participation in sport shooting events and hunting within the State.

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

"§134-    Permits for nonresidents. (a) Every person who is not a resident of the State who desires to bring, or to cause to be brought, into the State a firearm of any description, whether usable or unusable, serviceable or unserviceable, modern or antique, for the purpose of training for or participating in a sport-shooting contest or for hunting shall apply for the issuance of a nonresident's permit for the possession, transportation, or use of any firearm not otherwise prohibited by law.

(b) An application for a nonresident's permit shall be in writing, signed by the individual applicant, or by a member or officer qualified to sign if the applicant is a firm or corporation, and shall state the name, residence and business addresses, place of birth, date of birth, social security number, height, weight, hair color, eye color, sex, and race of the applicant, addresses while within the State, the purpose for which the permit is being sought, and the date of expected arrival within the State. For any firearm that the applicant seeks to bring into the State, the applicant shall state the name of the manufacturer, the model, the type of action, the caliber or gauge, the serial number, and the barrel length. Applications and permits shall be uniform throughout the State on forms prescribed by the attorney general.

(c) An application for a nonresident's permit shall be submitted to the chief of police of the county in which any permitted firearm will be first used for sport-shooting or hunting. The chief of police or the chief's designated representative shall determine if any applicant is prohibited from possession of a firearm. The chief of police shall issue or deny a nonresident's permit to the applicant, who is not otherwise prohibited from possessing a firearm, no later than:

(1) Five days after the application is received by the chief of police or the chief's designated representative, if the applicant is not an alien; or

(2) Twenty days after the application is received by the chief of police or the chief's designated representative, if the applicant is an alien; provided that the applicant also shall comply with section 134-2(d).

(d) A nonresident's permit shall be valid for a period of ninety days and shall be limited to no more than ten firearms. Any firearm registered pursuant to the permit shall not be transferable by the holder of the permit.

(e) Each person to whom a nonresident's permit is issued shall keep the permit with the person, shall make the permit and any firearm listed on the permit available for inspection by any law enforcement officer or any other person designated by the chief of police who issued the nonresident's permit, and shall exercise great care in retaining custody of any firearm listed on the permit.

(f) Within three days of arrival of the person or any firearm listed on the permit, whichever arrives later, the person shall take any firearm listed on the permit to the chief of police who issued the nonresident's permit, or to the chief's designated representative, for inspection.

(g) The chief of police who issued the nonresident's permit, or any other person designated by the chief, shall revoke a nonresident's permit any time it appears that the holder of the permit has used any firearm possessed under the permit for purposes other than those allowed by the permit or that the holder of the permit has not exercised great care in retaining custody of any firearm possessed under the permit.

(h) Any person otherwise qualified to obtain a nonresident's permit who does not apply for and obtain a nonresident's permit shall be required to comply with sections 134-2 and 134-3."

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

"(a) [Every] Except as provided in section 134-   , 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.]"

SECTION 4. Section 134-17, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any person who violates section 134- , 134-2, 134-4, 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 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________