REPORT TITLE:
Firearms; Ammunition


DESCRIPTION:
Deletes requirement that firearms dealers obtain permit to
acquire for each firearm imported into the State.  Permits law
enforcement officers to purchase and possess ammunition magazines
in excess of 10 rounds.  Clarifies prohibitions on possession of
ammunition.

 
a                                                       r-ld(99)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            1546        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO FIREARMS.



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

 1      SECTION 1.  The legislature finds that under current law,
 
 2 law enforcement officers are allowed to purchase and possess
 
 3 ammunition magazines with a capacity in excess of ten rounds;
 
 4 however, local firearm dealers are prohibited from possessing or
 
 5 selling these magazines.  In addition, the legislature also finds
 
 6 that another law requires firearm dealers to obtain individual
 
 7 permits to acquire for each and every firearm imported into the
 
 8 State.  In both cases, this was not the intent of the
 
 9 legislature.  These laws, in serving to maintain specific
 
10 controls, are quite restrictive, but in reality they hamper
 
11 operations of small businesses.  In the first case scenario, the
 
12 law not only causes an inconvenience to law enforcement officers
 
13 who must order these magazines from firearms dealers on the
 
14 mainland, but at the same time, hinders potential business
 
15 aspects for local firearms dealers.  In this case, the original
 
16 intent of the legislature was to prevent firearms dealers from
 
17 creating an unnecessary inventory of these magazines to eliminate
 
18 potential illegal sales of these magazines, not to prevent
 
19 firearms dealers from making a profit.  In the second case
 

 
a                                                       r-ld(99)
Page 2                                         1546        
                                     H.B. NO.           
                                                        
                                                        

 
 1 scenario, the process to acquire a permit generally ensures who
 
 2 is qualified to possess or own a firearm. However, the
 
 3 backgrounds of all firearm dealers are checked by the federal
 
 4 Bureau of Alcohol, Tobacco and Firearms (ATF), as well as by
 
 5 police departments.  In view of the frequency and the amount of
 
 6 firearms being imported by firearm dealers, this requirement just
 
 7 duplicates what has already been done and appears to be another
 
 8 stumbling block for local firearms dealers.  In both case
 
 9 scenarios, the requirements under current law are extremely
 
10 cumbersome, detrimental, and totally unnecessary to conduct
 
11 business as a firearms dealer in Hawaii.  Therefore, the
 
12 legislature finds it extremely necessary to enhance the business
 
13 aspects of small firearms businesses whenever possible by simply
 
14 removing legal obstacles that hamper business operations of local
 
15 firearms dealers to encourage more profitable business
 
16 transactions.
 
17      The legislature further finds that several current laws in
 
18 Hawaii provides exemptions to, "...members of police
 
19 departments...", a term which can be misinterpreted to include
 
20 all civilian personnel who are employed as members of police
 
21 departments.  This was not the intent of the legislature, and
 
22 therefore, the legislature finds it necessary to clarify that
 
23 intent by specifying who are exempted.
 

 
a                                                       r-ld(99)
Page 3                                         1546        
                                     H.B. NO.           
                                                        
                                                        

 
 1      The legislature also finds that presently there is no
 
 2 penalty for the illegal possession of ammunition.  In addition,
 
 3 the legislature finds that it is not possible to prosecute a
 
 4 person for both the illegal possession of ammunition and the
 
 5 illegal possession of a firearm, if the ammunition was found to
 
 6 be loaded in the firearm at the time of the offense.  This was
 
 7 not the intent of the legislature, and therefore, the legislature
 
 8 finds it necessary to correct the intent by specifying a penalty
 
 9 for the illegal possession of ammunition and clarifying the
 
10 language dealing with illegal ammunition found loaded in a
 
11 firearm.
 
12      Finally, the legislature finds that while current law
 
13 requires a person who applies for a permit to acquire a pistol or
 
14 revolver to attend a firearms safety or training course prior to
 
15 obtaining a permit, this training is only required for handgun
 
16 applicants.  Therefore, the legislature sees a need to
 
17 specifically require handgun training, and not just any firearms
 
18 safety or training course, prior to being issued a handgun
 
19 permit.
 
20      The purpose of this Act is to address several "house
 
21 cleaning" issues within current firearms laws by making necessary
 
22 technical, non-substantive changes to clarify the legislative
 
23 intent of several sections within Chapter 134 of the Hawaii
 

 
a                                                       r-ld(99)
Page 4                                         1546        
                                     H.B. NO.           
                                                        
                                                        

 
 1 Revised Statutes.
 
 2      SECTION 2.  Section 134-2, Hawaii Revised Statutes, is
 
 3 amended as follows:
 
 4      1.  By amending subsection (a) to read:
 
 5      "(a)  No person shall acquire the ownership of a firearm,
 
 6 whether usable or unusable, serviceable or unserviceable, modern
 
 7 or antique, registered under prior law or by a prior owner or
 
 8 unregistered, either by purchase, gift, inheritance, bequest, or
 
 9 in any other manner, whether procured in the State or imported by
 
10 mail, express, freight, or otherwise, until the person has first
 
11 procured from the chief of police of the county of the person's
 
12 place of business or, if there is no place of business, the
 
13 person's residence or, if there is neither place of business nor
 
14 residence, the person's place of sojourn, a permit to acquire the
 
15 ownership of a firearm as prescribed in this section.  Firearm
 
16 dealers shall be exempt from obtaining a permit to acquire when
 
17 importing firearms from outside of this State for their
 
18 businesses.  This does not relieve them from the requirement of
 
19 registering all acquired firearms in accordance with this
 
20 chapter.  When title to any firearm is acquired by inheritance or
 
21 bequest, the foregoing permit shall be obtained before taking
 
22 possession of a firearm; provided that upon presentation of a
 
23 copy of the death certificate of the owner making the bequest,
 

 
a                                                       r-ld(99)
Page 5                                         1546        
                                     H.B. NO.           
                                                        
                                                        

 
 1 any heir or legatee may transfer the inherited or bequested
 
 2 firearm directly to a dealer licensed under section 134-31 or
 
 3 licensed by the United States Department of the Treasury without
 
 4 complying with the requirements of this section."
 
 5      2.  By amending subsection (g) to read:
 
 6      "(g)  Effective July 1, 1995, no person shall be issued a
 
 7 permit under this section for the acquisition of a pistol or
 
 8 revolver unless the person, at any time prior to the issuance of
 
 9 the permit, has completed:
 
10      (1)  An approved hunter education course as authorized under
 
11           section 183D-28[;] that includes handgun safety or
 
12           training;
 
13      (2)  A [firearms] handgun safety or training course or class
 
14           available to the general public offered by a law
 
15           enforcement agency of the State or of any county;
 
16      (3)  A [firearms] handgun safety or training course offered
 
17           to law enforcement officers, security guards,
 
18           investigators, deputy sheriffs, or any division or
 
19           subdivision of law enforcement or security enforcement
 
20           by a state or county law enforcement agency; or
 
21      (4)  A [firearms] handgun training or safety course or class
 
22           conducted by a state certified or National Rifle
 
23           Association certified firearms instructor or a
 

 
a                                                       r-ld(99)
Page 6                                         1546        
                                     H.B. NO.           
                                                        
                                                        

 
 1           certified military firearms instructor that provides,
 
 2           at a minimum, a total of at least two hours of firing
 
 3           training at a firing range and a total of at least four
 
 4           hours of classroom instruction, which may include a
 
 5           video, that focuses on:
 
 6           (A)  The safe use, handling, and storage of [firearms]
 
 7                handguns and [firearm] handgun safety in the home;
 
 8                and
 
 9           (B)  Education on the firearm laws of the State.
 
10 An affidavit signed by the certified firearms instructor who
 
11 conducted or taught the course, providing the name, address,
 
12 [and] phone number of the instructor, and date of the course, and
 
13 attesting to the successful completion of the course by the
 
14 applicant; or an official qualification card issued to the
 
15 applicant by the department of land and natural resources hunter
 
16 education course as specified in section 183D-28, shall
 
17 constitute evidence of certified successful completion under this
 
18 [paragraph.] subsection."
 
19      SECTION 3.  Section 134-6, Hawaii Revised Statutes, is
 
20 amended by amending subsection (e) to read as follows:
 
21      "(e)  Any person violating subsection (a) or (b) shall be
 
22 guilty of a class A felony.  Any person violating this section by
 
23 carrying or possessing a loaded firearm or by carrying or
 

 
a                                                       r-ld(99)
Page 7                                         1546        
                                     H.B. NO.           
                                                        
                                                        

 
 1 possessing a loaded or unloaded pistol or revolver without a
 
 2 license issued as provided in section 134-9 shall be guilty of a
 
 3 class B felony.  Any person violating this section by carrying or
 
 4 possessing an unloaded firearm, other than a pistol or revolver,
 
 5 shall be guilty of a class C felony.  Any person carrying
 
 6 ammunition in violation of subsection (c) shall be guilty of a
 
 7 misdemeanor."
 
 8      SECTION 4.  Section 134-7, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "134-7 Ownership or possession prohibited, when; penalty.
 
11 (a)  No person who is a fugitive from justice shall own, possess,
 
12 or control [any] a firearm [or ammunition therefor].
 
13      (b)  No person who is a fugitive from justice shall own,
 
14 possess, or control any type of ammunition, whether or not the
 
15 ammunition is loaded in a firearm.
 
16      [(b)] (c)  No person who is under indictment for, or has
 
17 waived indictment for, or has been bound over to the circuit
 
18 court for, or has been convicted in this State or elsewhere of
 
19 having committed a felony, or any crime of violence, or an
 
20 illegal sale of any drug shall own, possess, or control [any] a
 
21 firearm [or ammunition therefor].
 
22      (d)  No person who is under indictment for, or has waived
 
23 indictment for, or has been bound over to the circuit court for,
 

 
a                                                       r-ld(99)
Page 8                                         1546        
                                     H.B. NO.           
                                                        
                                                        

 
 1 or has been convicted in this State or elsewhere of having
 
 2 committed a felony, or any crime of violence, or an illegal sale
 
 3 of any drug shall own, possess, or control any type of
 
 4 ammunition, whether or not such ammunition is loaded in a
 
 5 firearm.
 
 6      [(c)] (e)  No person who:
 
 7      (1)  Is or has been under treatment or counseling for
 
 8           addiction to, abuse of, or dependence upon any
 
 9           dangerous, harmful, or detrimental drug, intoxicating
 
10           compound as defined in section 712-1240, or
 
11           intoxicating liquor;
 
12      (2)  Has been acquitted of a crime on the grounds of mental
 
13           disease, disorder, or defect pursuant to section
 
14           704-411; or
 
15      (3)  Is or has been diagnosed as having a significant
 
16           behavioral, emotional, or mental disorders as defined
 
17           by the most current diagnostic manual of the American
 
18           Psychiatric Association or for treatment for organic
 
19           brain syndromes;
 
20 shall own, possess, or control [any] a firearm [or ammunition
 
21 therefor], unless the person has been medically documented to be
 
22 no longer adversely affected by the addiction, abuse, dependence,
 
23 mental disease, disorder, or defect.
 

 
a                                                       r-ld(99)
Page 9                                         1546        
                                     H.B. NO.           
                                                        
                                                        

 
 1      (f) No person who:
 
 2      (1)  Is or has been under treatment or counseling for
 
 3           addiction to, abuse of, or dependence upon any
 
 4           dangerous, harmful, or detrimental drug, intoxicating
 
 5           compound as defined in section 712-1240, or
 
 6           intoxicating liquor;
 
 7      (2)  Has been acquitted of a crime on the grounds of mental
 
 8           disease, disorder, or defect pursuant to section 704-
 
 9           411; or
 
10      (3)  Is or has been diagnosed as having a significant
 
11           behavioral, emotional, or mental disorders as defined
 
12           by the most current diagnostic manual of the American
 
13           Psychiatric Association or for treatment for organic
 
14           brain syndromes;
 
15 shall own, possess, or control any type of ammunition, whether or
 
16 not such ammunition is loaded in a firearm, unless the person has
 
17 been medically documented to be no longer adversely affected by
 
18 the addiction, abuse, dependence, mental disease, disorder, or
 
19 defect.
 
20      [(d)] (g)  No person who is less than twenty-five years old
 
21 and has been adjudicated by the family court to have committed a
 
22 felony, two or more crimes of violence, or an illegal sale of any
 
23 drug shall own, possess or control [any] a firearm [or ammunition
 

 
a                                                       r-ld(99)
Page 10                                        1546        
                                     H.B. NO.           
                                                        
                                                        

 
 1 therefor].
 
 2      (h)  No person who is less than twenty-five years old and
 
 3 has been adjudicated by the family court to have committed a
 
 4 felony, two or more crimes of violence, or an illegal sale of any
 
 5 drug shall own, possess, or control any type of ammunition,
 
 6 whether or not the ammunition is loaded in a firearm.
 
 7      [(e)] (i)  No minor who:
 
 8      (1)  Is or has been under treatment for addiction to any
 
 9           dangerous, harmful, or detrimental drug, intoxicating
 
10           compound as defined in section 712-1240, or
 
11           intoxicating liquor;
 
12      (2)  Is a fugitive from justice; or
 
13      (3)  Has been determined not to have been responsible for a
 
14           criminal act or has been committed to any institution
 
15           on account of a mental disease, disorder, or defect;
 
16 shall own, possess, or control [any] a firearm [or ammunition
 
17 therefor], unless the minor has been medically documented to be
 
18 no longer adversely affected by the addiction, mental disease,
 
19 disorder, or defect.
 
20      For the purposes of enforcing this section, and
 
21 notwithstanding section 571-84 or any other law to the contrary,
 
22 any agency within the State shall make its records relating to
 
23 family court adjudications available to law enforcement
 

 
a                                                       r-ld(99)
Page 11                                        1546        
                                     H.B. NO.           
                                                        
                                                        

 
 1 officials.
 
 2      (j)  No minor who:
 
 3      (1)  Is or has been under treatment for addiction to any
 
 4           dangerous, harmful, or detrimental drug, intoxicating
 
 5           compound as defined in section 712-1240, or
 
 6           intoxicating liquor;
 
 7      (2)  Is a fugitive from justice; or
 
 8      (3)  Has been determined not to have been responsible for a
 
 9           criminal act or has been committed to any institution
 
10           on account of a mental disease, disorder, or defect;
 
11 shall own, possess, or control any type of ammunition, whether or
 
12 not the ammunition is loaded in a firearm, unless the minor has
 
13 been medically documented to be no longer adversely affected by
 
14 the addiction, mental disease, disorder, or defect.
 
15      For the purposes of enforcing this section, and
 
16 notwithstanding section 571-84 or any other law to the contrary,
 
17 any agency within the State shall make its records relating to
 
18 family court adjudications available to law enforcement
 
19 officials.
 
20      [(f)] (k)  No person who has been restrained pursuant to an
 
21 order of any court, including an ex parte order as provided for
 
22 herein, from contacting, threatening, or physically abusing any
 
23 person, shall possess or control [any] a firearm [or ammunition
 

 
a                                                       r-ld(99)
Page 12                                        1546        
                                     H.B. NO.           
                                                        
                                                        

 
 1 therefor], so long as the protective order or any extension
 
 2 thereof is in effect, unless the order, for good cause shown,
 
 3 specifically permits the possession of a firearm [and
 
 4 ammunition].  The restraining order or order of protection shall
 
 5 specifically include a statement that possession or control of a
 
 6 firearm [or ammunition] by the person named in the order is
 
 7 prohibited.  Such person shall relinquish possession and control
 
 8 of any [firearm and ammunition] and all firearms owned by that
 
 9 person to the police department of the appropriate county for
 
10 safekeeping for the duration of the order or extension thereof.
 
11 In the case of an ex parte order, the affidavit or statement
 
12 under oath which forms the basis for the order shall contain a
 
13 statement of the facts which support a finding that the person to
 
14 be restrained owns, intends to obtain, or possesses a firearm,
 
15 and that the firearm may be used to threaten, injure or abuse any
 
16 person.  The ex parte order shall be effective upon service
 
17 pursuant to section 586-6.  At the time of service of a
 
18 restraining order involving firearms [and ammunition] issued by
 
19 any court, the police officer may take custody of any and all
 
20 firearms [and ammunition] in plain sight, those discovered
 
21 pursuant to a consensual search, and those firearms surrendered
 
22 by the person restrained.  If the person restrained is the
 
23 registered owner of a firearm and knows the location of [the] a
 

 
a                                                       r-ld(99)
Page 13                                        1546        
                                     H.B. NO.           
                                                        
                                                        

 
 1 firearm but refuses to surrender the firearm or refuses to
 
 2 disclose the location of the firearm, the person restrained shall
 
 3 be guilty of a misdemeanor.  In any case, when a police officer
 
 4 is unable to locate the firearms [and ammunition] either
 
 5 registered under this chapter or known to the person granted
 
 6 protection by the court, the police officer shall apply to the
 
 7 court for a search warrant pursuant to chapter 803 for the
 
 8 limited purpose of seizing the firearm [and ammunition].
 
 9      (l)  No person who has been restrained pursuant to an order
 
10 of any court, including an ex parte order as provided for herein,
 
11 from contacting, threatening, or physically abusing any person,
 
12 shall possess or control any type of ammunition, whether or not
 
13 the ammunition is loaded in a firearm, so long as the protective
 
14 order or any extension thereof is in effect, unless the order,
 
15 for good cause shown, specifically permits the possession of
 
16 ammunition.  The restraining order or order of protection shall
 
17 specifically include a statement that possession or control of
 
18 ammunition by the person named in the order is prohibited.  The
 
19 person shall relinquish possession and control of all types of
 
20 ammunition owned by that person to the police department of the
 
21 appropriate county for safekeeping for the duration of the order
 
22 or extension thereof.  In the case of an ex parte order, the
 
23 affidavit or statement under oath which forms the basis for the
 

 
a                                                       r-ld(99)
Page 14                                        1546        
                                     H.B. NO.           
                                                        
                                                        

 
 1 order shall contain a statement of the facts which support a
 
 2 finding that the person to be restrained owns, intends to obtain,
 
 3 or possesses a firearm, and that the firearm and ammunition may
 
 4 be used to threaten, injure, or abuse any person.  The ex parte
 
 5 order shall be effective upon service pursuant to section 586-6.
 
 6 At the time of service of a restraining order involving
 
 7 ammunition issued by any court, the police officer may take
 
 8 custody of any and all ammunition in plain sight, those
 
 9 discovered pursuant to a consensual search, and those surrendered
 
10 by the person restrained.  If the person restrained knows the
 
11 location of ammunition owned, possessed, or controlled by the
 
12 person, but refuses to surrender the ammunition or refuses to
 
13 disclose the location of the ammunition, the person restrained
 
14 shall be guilty of a misdemeanor.  In any case, when a police
 
15 officer is unable to locate the ammunition known to the person
 
16 granted protection by the court, the police officer shall apply
 
17 to the court for a search warrant pursuant to chapter 803 for the
 
18 limited purpose of seizing the ammunition.
 
19      [(g)] (m)  Any person disqualified from ownership,
 
20 possession, or control of [firearms] a firearm and any type of
 
21 ammunition by this chapter shall dispose of all firearms and all
 
22 types of ammunition in compliance with this chapter.
 
23      [(h)] (n)  Any person violating subsection (a) [or], (b),
 

 
a                                                       r-ld(99)
Page 15                                        1546        
                                     H.B. NO.           
                                                        
                                                        

 
 1 (c), or (d) shall be guilty of a class C felony; provided that
 
 2 any felon violating subsection [(b)] (c) or (d) shall be guilty
 
 3 of a class B felony.  Any person violating subsection [(c), (d),]
 
 4 (e)[, (f), or (g)] to (m) shall be guilty of a misdemeanor.
 
 5 Nothing in this section shall prohibit the separate convictions
 
 6 and sentences for the ownership, possession, or control of each
 
 7 firearm and each type of ammunition owned, possessed, or
 
 8 controlled by the defendant, even if the violation of this
 
 9 section involves ammunition loaded in a firearm."
 
10      SECTION 5.  Section 134-8, Hawaii Revised Statutes, is
 
11 amended by amending subsection (c) to read as follows:
 
12      "(c)  The manufacture, possession, sale, barter, trade,
 
13 gift, transfer, or acquisition of detachable ammunition magazines
 
14 with a capacity in excess of ten rounds [which] that are designed
 
15 for or capable of use with a pistol is prohibited.  This
 
16 subsection shall not apply to magazines originally designed to
 
17 accept more than ten rounds of ammunition [which] that have been
 
18 modified to accept no more than ten rounds and [which] that are
 
19 not capable of being readily restored to a capacity of more than
 
20 ten rounds.  Exception.  Firearm dealers shall be allowed to sell
 
21 these ammunition magazines to law enforcement officers.  Firearm
 
22 dealers shall only be allowed to order the ammunition magazines
 
23 from the manufacturers; they shall be prohibited from possessing
 

 
a                                                       r-ld(99)
Page 16                                        1546        
                                     H.B. NO.           
                                                        
                                                        

 
 1 or storing them.  The ammunition magazines shall be delivered
 
 2 from the manufacturers directly to the officers' respective law
 
 3 enforcement agencies."
 
 4      SECTION 6.  Section 134-11, Hawaii Revised Statutes, is
 
 5 amended by amending subsection (a) to read as follows:
 
 6      "(a)  Sections 134-6 to 134-9, except section 134-7(f),
 
 7 shall not apply:
 
 8      (1)  To [members of police departments, sheriffs, and] law
 
 9           enforcement officers[;] of this State;
 
10      (2)  To members of the armed forces of the State and of the
 
11           United States and mail carriers while in the
 
12           performance of their respective duties if those duties
 
13           require them to be armed;
 
14      (3)  To regularly enrolled members of any organization duly
 
15           authorized to purchase or receive the weapons from the
 
16           United States or from the State, provided the members
 
17           are either at, or going to or from, their places of
 
18           assembly or target practice;
 
19      (4)  To persons employed by the State, or subdivisions
 
20           thereof, or the United States while in the performance
 
21           of their respective duties or while going to and from
 
22           their respective places of duty if those duties require
 
23           them to be armed;
 

 
a                                                       r-ld(99)
Page 17                                        1546        
                                     H.B. NO.           
                                                        
                                                        

 
 1      (5)  To aliens employed by the State, or subdivisions
 
 2           thereof, or the United States while in the performance
 
 3           of their respective duties or while going to and from
 
 4           their respective places of duty if those duties require
 
 5           them to be armed;
 
 6      (6)  To police officers on official assignment in Hawaii
 
 7           from any state which by compact permits police officers
 
 8           from Hawaii while on official assignment in that state
 
 9           to carry firearms without registration.  The governor
 
10           of the State or the governor's duly authorized
 
11           representative may enter into compacts with other
 
12           states to carry out this section.
 
13      SECTION 7.  This Act does not affect rights and duties that
 
14 matured, penalties that were incurred, and proceedings that were
 
15 begun, before its effective date.
 
16      SECTION  8.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION  9.  This Act shall take effect upon its approval.
 
19 
 
20                           INTRODUCED BY:_________________________
 

 
a                                                       r-ld(99)