REPORT TITLE:
Firearms; Seizure of firearms
upon disqualification


DESCRIPTION:
Provides that the chief of police may seize all permits, firearms
and ammunition upon an owner's disqualification from ownership,
possession, or control of firearms and ammunitions. (CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO FIREARMS.



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

 1                              Part I.
 
 2      SECTION 1.  Chapter 134, Hawaii Revised Statutes, is amended
 
 3 by adding a new section to read as follows:
 
 4      "134-A   Seizure of firearms upon disqualification. (a) If
 
 5 any applicant is denied a permit, the chiefs of police of the
 
 6 respective counties shall send, by certified mail, a notice
 
 7 setting forth the reasons for the denial and may require that the
 
 8 applicant voluntarily surrender all firearms and ammunition to
 
 9 the chief of police where the applicant resides or dispose of all
 
10 firearms and ammunition.  If an applicant fails to voluntarily
 
11 surrender or dispose of all firearms and ammunition within thirty
 
12 days from the date notice was mailed, the chief of police may
 
13 seize all firearms and ammunition.
 
14      (b)  Any person disqualified from ownership, possession, or
 
15 control of firearms and ammunition under section 134-7 shall
 
16 voluntarily surrender all firearms and ammunition to the chief of
 
17 police where the person resides or dispose of all firearms and
 
18 ammunition.  If any person fails to voluntarily surrender or
 
19 dispose of all firearms and ammunition within thirty days from
 

 
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 1 the date of disqualification, the chief of police may seize all
 
 2 firearms and ammunition.
 
 3      (c)  For the purposes of this section, "dispose" means
 
 4 selling the firearms to a gun dealer licensed under section 
 
 5 134-31, transferring ownership of the firearms to any person who
 
 6 meets the requirements of section 134-2, or surrendering all
 
 7 firearms to the chief of police where the person resides for
 
 8 storage or disposal.
 
 9      (d)  The chief of police of the respective counties shall
 
10 adopt procedures to implement and administer the provisions of
 
11 this section by December 31, 2001."
 
12      SECTION 2.  Section 134-7, Hawaii Revised Statutes, is
 
13 amended by amending subsection (g) to read as follows:
 
14      "(g)  Any person disqualified from ownership, possession, or
 
15 control of firearms and ammunition [by this chapter] under this
 
16 section shall surrender or dispose of all firearms and ammunition
 
17 in compliance with [this chapter] section 134-A."
 
18      SECTION 3.  Chapter 323C, Hawaii Revised Statutes, is
 
19 amended by adding a new section to part IV to be appropriately
 
20 designated to read as follows:
 
21      "323C-A  Disclosure for firearm permit and registration
 
22 purposes.  A health care provider or public health authority
 
23 shall disclose health information, including protected health
 
24 information, relating to an individual's mental health history,
 

 
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 1 to the appropriate county chief of police in response to a
 
 2 request for the information from the chief of police, provided
 
 3 that:
 
 4      (1)  The information shall be used only for the purposes of
 
 5           evaluating the individual's fitness to acquire or own a
 
 6           firearm; and
 
 7      (2)  The individual has signed a waiver permitting release
 
 8           of the health information for that purpose."
 
 9      SECTION 4.  Section 806-11, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "[[]806-11[]]  Disposal of firearms.  (a) At the time of
 
12 arraignment, the court shall order a defendant who is under
 
13 indictment for, or who has waived indictment for, or who has been
 
14 bound over to the circuit court for a felony, or any crime of
 
15 violence, or an illegal sale of any drug, to dispose of all
 
16 firearms and ammunition within the defendant's possession in a
 
17 manner in compliance with the provisions of chapter 134 and shall
 
18 inform the defendant of the provisions of section 134-7(b) and
 
19 section 134-12.5.  The defendant shall comply with an order
 
20 issued pursuant to this section within forty-eight hours of the
 
21 issuance of such order.  A defendant's compliance with the forty-
 
22 eight hour requirement of this section shall not give rise to a
 
23 prosecution for violations of sections 134-2, 134-3 or 134-4.
 

 
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 1      (b)  The court shall immediately notify the chief of police
 
 2 of the county where the defendant resides that the defendant has
 
 3 been ordered to voluntarily surrender all firearms and ammunition
 
 4 to the chief of police or dispose of all firearms and ammunition
 
 5 within the defendant's possession.
 
 6      (c)  If the defendant fails to voluntarily surrender all
 
 7 firearms and ammunitions to the chief of police where the
 
 8 defendant resides or dispose of the firearms and ammunition
 
 9 within forty-eight hours of the issuance of the order, the chief
 
10 of police may seize all firearms and ammunition.
 
11      (d)  For the purposes of this section, "dispose" shall have
 
12 the same meaning as provided in section 134-A."
 
13                             Part II.
 
14      SECTION 5.  There is established the violent firearm crime
 
15 coalition which shall be administratively attached to the
 
16 department of the attorney general.  The coalition shall provide
 
17 consultation to the attorney general regarding the establishment
 
18 of strategic partnerships among law enforcement, prosecution,
 
19 corrections, and the community with the goal of reducing violent
 
20 firearm crime.  The coalition shall consist of the following
 
21 members, who shall serve without compensation:
 

 
 
 
 
 
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 1      (1)  The attorney general or a designated representative;
 
 2      (2)  The director of public safety or a designated
 
 3           representative;
 
 4      (3)  One of the prosecuting attorneys selected by the
 
 5           prosecuting attorneys of the respective counties or a
 
 6           designated representative;
 
 7      (4)  One of the chiefs of police selected by the chiefs of
 
 8           police of the respective counties or a designated
 
 9           representative;
 
10      (5)  The director of the department of health or a
 
11           designated representative;
 
12      (6)  The chairperson of the Hawaii paroling authority or a
 
13           designated representative; and
 
14      (7)  The administrator of adult probation administration or
 
15           a designated representative.
 
16 The coalition may also include a representative of the judiciary,
 
17 the United States department of justice and the bureau of
 
18 alcohol, tobacco, and firearms.  The coalition may consult with a
 
19 representative of an Hawaii affiliate of a national organization
 
20 representing providers of mental health services and a
 
21 representative of an Hawaii affiliate of a national organization
 
22 representing advocates for the right to bear arms.  The attorney
 
23 general shall serve as chairperson of the coalition.
 

 
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 1      The coalition shall clarify and articulate the best process
 
 2 to seize firearms from those individuals who are no longer
 
 3 qualified to own or possess firearms, and who do not voluntarily
 
 4 relinquish firearms or transfer ownership of firearms.  In
 
 5 addition, the coalition shall determine the best process to keep
 
 6 firearms from individuals who are no longer qualified to own or
 
 7 possess firearms for mental health reasons.
 
 8      The department of the attorney general, in collaboration
 
 9 with the coalition, shall submit a report of its findings and
 
10 recommendations to the legislature no later than twenty days
 
11 prior to the convening of the 2001 and 2002 Regular Sessions.
 
12                             Part III.
 
13      SECTION 6.  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 7.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 8.  This Act shall take effect upon its approval.