Firearms; Protective Orders

Defines good cause exemption for possession of firearms by a
person who is the subject of a restraining order. (SB594 HD1)

THE SENATE                              S.B. NO.           594
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            H.D. 1

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 134-7, Hawaii Revised Statutes, is
 2 amended by amending subsection (f) to read as follows:
 3      "(f)  No person who has been restrained pursuant to an order
 4 of any court, including an ex parte order as provided for
 5 [herein,] in this subsection, from contacting, threatening, or
 6 physically abusing any person, shall possess or control any
 7 firearm or ammunition therefor, so long as the protective order
 8 or any extension thereof is in effect, unless the order, for good
 9 cause shown, specifically permits the possession of a firearm and
10 ammunition.  The restraining order or order of protection shall
11 specifically include a statement that possession or control of a
12 firearm or ammunition by the person named in the order is
13 prohibited.  Such person shall relinquish possession and control
14 of any firearm and ammunition owned by that person to the police
15 department of the appropriate county for safekeeping for the
16 duration of the order or extension thereof.  In the case of an ex
17 parte order, the affidavit or statement under oath [which] that
18 forms the basis for the order shall contain a statement of the
19 facts [which] that support a finding that the person to be

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 1 restrained owns, intends to obtain, or possesses a firearm, and
 2 that the firearm may be used to threaten, injure, or abuse any
 3 person.  The ex parte order shall be effective upon service
 4 pursuant to section 586-6.  At the time of service of a
 5 restraining order involving firearms and ammunition issued by any
 6 court, the police officer may take custody of any and all
 7 firearms and ammunition in plain sight, those discovered pursuant
 8 to a consensual search, and those firearms surrendered by the
 9 person restrained.  If the person restrained is the registered
10 owner of a firearm and knows the location of the firearm but
11 refuses to surrender the firearm or refuses to disclose the
12 location of the firearm, the person restrained shall be guilty of
13 a misdemeanor.  In any case, when a police officer is unable to
14 locate the firearms and ammunition either registered under this
15 chapter or known to the person granted protection by the court,
16 the police officer shall apply to the court for a search warrant
17 pursuant to chapter 803 for the limited purpose of seizing the
18 firearm and ammunition.
19      For the purposes of this subsection good cause shall not be
20 based solely upon the consideration that the person subject to
21 restraint pursuant to an order of any court, including an ex
22 parte order as provided for in this subsection, is required to
23 possess or carry firearms or ammunition during the course of

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 1 their employment."
 2      SECTION 2.  This Act does not affect rights and duties that
 3 matured, penalties that were incurred, and proceedings that were
 4 begun, before its effective date.
 5      SECTION 3.  Statutory material to be repealed is bracketed.
 6 New statutory material is underscored.
 7      SECTION 4.  This Act shall take effect upon its approval.