Report Title:

Firearms ID Card

 

Description:

Establishes firearms owner identification card for acquiring firearms. Establishes an instant electronic criminal background checking system for conducting firearms background checks.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

899

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

"§134- Firearms owner identification card. (a) Effective July 1, 2001, the chief of police of the respective counties shall issue a firearms owner identification card to any person permitted to acquire a firearm under section 134-2. After June 30, 2010, no person shall acquire a firearm unless the person has a valid firearms owner identification card.

(b) The format and information contained on the firearms owner identification card shall be prescribed by the attorney general and shall be uniform throughout the State; provided that the card shall be the same size as the Hawaii drivers' license and shall be of a durable material and shall include, at a minimum, the owner's name, address, sex, height, weight, date of birth, recent photo, and an expiration date.

(c) A firearms owner identification card may be applied for and renewed at any police station. Cards shall be granted unless a written denial, stating the reasons for the denial, is made within two weeks from the date of application.

(d) Notwithstanding section 134-2 or any other law to the contrary, any person possessing a valid firearms owner identification card may acquire an otherwise legal firearm without complying with the permit process or the fourteen day waiting period required in section 134-2.

(e) Notwithstanding section 134-3 or any other law to the contrary, any person possessing a valid firearms owner identification card may register electronically, with the appropriate police chief, any new acquisitions or firearms brought into the State and may obtain and sign the registration certificate at any police station.

§134- Instant electronic criminal background checking system. (a) An instant electronic criminal background checking system capable of sharing data with existing mainland sources shall be established not later than December 31, 2002. The attorney general shall supervise the installation of the instant electronic criminal background checking system for each county police department. The attorney general shall seek funding from federal sources to implement this section. After January 1, 2004, all requisite firearms background checks shall be conducted using the instant electronic criminal background checking system.

(b) The county police departments shall keep records on firearms theft statistics, including but not limited to the number of incidents, arrests, and convictions, and shall transmit this information on a quarterly basis to the attorney general. The attorney general shall compile these statistics for all the counties and shall report annually to the legislature not later than twenty days prior to commencement of the regular session."

SECTION 2. Section 134-7, Hawaii Revised Statutes, is amended to read as follows:

"§134-7 Ownership or possession prohibited, when; penalty. (a) No person who is a fugitive from justice shall own, possess, or control any firearm [or], ammunition [therefor.], or a firearms owner identification card.

(b) No person who is under indictment for, or has waived indictment for, or has been bound over to the circuit court for, or has been convicted in this State or elsewhere of having committed a felony, or any crime of violence, or an illegal sale of any drug shall own, possess, or control any firearm [or] , ammunition [therefor.] , or firearms owner identification card.

(c) No person who:

(1) Is or has been under treatment or counseling for addiction to, abuse of, or dependence upon any dangerous, harmful, or detrimental drug, intoxicating compound as defined in section 712-1240, or intoxicating liquor;

(2) Has been acquitted of a crime on the grounds of mental disease, disorder, or defect pursuant to section 704-411; or

(3) Is or has been diagnosed as having a significant behavioral, emotional, or mental disorders as defined by the most current diagnostic manual of the American Psychiatric Association or for treatment for organic brain syndromes;

shall own, possess, or control any firearm [or], ammunition [therefor], or a firearms owner identification card, unless the person has been medically documented to be no longer adversely affected by the addiction, abuse, dependence, mental disease, disorder, or defect.

(d) No person who is less than twenty-five years old and has been adjudicated by the family court to have committed a felony, two or more crimes of violence, or an illegal sale of any drug shall own, possess or control any firearm or ammunition therefor.

(e) No minor who:

(1) Is or has been under treatment for addiction to any dangerous, harmful, or detrimental drug, intoxicating compound as defined in section 712-1240, or intoxicating liquor;

(2) Is a fugitive from justice; or

(3) Has been determined not to have been responsible for a criminal act or has been committed to any institution on account of a mental disease, disorder, or defect;

shall own, possess, or control any firearm [or], ammunition [therefor], or a firearms owner identification card, unless the minor has been medically documented to be no longer adversely affected by the addiction, mental disease, disorder, or defect.

For the purposes of enforcing this section, and notwithstanding section 571-84 or any other law to the contrary, any agency within the State shall make its records relating to family court adjudications available to law enforcement officials.

(f) No person who has been restrained pursuant to an order of any court, including an ex parte order as provided in this subsection, from contacting, threatening, or physically abusing any person, shall possess or control any firearm [or], ammunition [therefor], or a firearms owner identification card, so long as the protective order or any extension is in effect, unless the order, for good cause shown, specifically permits the possession of a firearm [and], ammunition[.], and a firearms owner identification card. The restraining order or order of protection shall specifically include a statement that possession or control of a firearm [or], ammunition , and a firearms owner identification card by the person named in the order is prohibited. Such person shall relinquish possession and control of any firearm [and], ammunition, and the firearms owner identification card owned, possessed, or controlled by that person to the police department of the appropriate county for safekeeping for the duration of the order or extension thereof. In the case of an ex parte order, the affidavit or statement under oath that forms the basis for the order shall contain a statement of the facts that support a finding that the person to be restrained owns, intends to obtain, or possesses a firearm, ammunition, or a firearms owner identification card, and that the firearm may be used to threaten, injure, or abuse any person. The ex parte order shall be effective upon service pursuant to section 586-6. At the time of service of a restraining order involving firearms [and], ammunition, and firearms owner identification card issued by any court, the police officer may take custody of any and all firearms [and], ammunition, or firearms owner identification card in plain sight, those discovered pursuant to a consensual search, and [those] any firearms, ammunition, or firearms owner identification card surrendered by the person restrained. If the person restrained is the registered owner of a firearm and knows the location of the firearm but refuses to surrender the firearm and the firearms owner identification card or refuses to disclose the location of the firearm, the person restrained shall be guilty of a misdemeanor. In any case, when a police officer is unable to locate the firearms and ammunition either registered under this chapter or known to the person granted protection by the court, the police officer shall apply to the court for a search warrant pursuant to chapter 803 for the limited purpose of seizing the firearm [and], ammunition[.], and firearms owner identification card.

For the purposes of this subsection, good cause shall not be based solely upon the consideration that the person subject to restraint pursuant to an order of any court, including an ex parte order as provided for in this subsection, is required to possess or carry firearms or ammunition during the course of their employment. Good cause consideration may include, but not be limited to, the protection and safety of the person to whom a restraining order is granted.

(g) Any person licensed under chapters 453 or 465 or certified pursuant to section 321-193 who treats a patient for any of the purposes listed in subsection (c)(1) to (3) shall report that treatment to the department of health, which shall forward the information to the applicable county police department. The chief of police of the respective counties shall institute a routine periodic cross check of this information against firearms registration records and records of firearms owner identification cardholders to ensure compliance with this section.

(h) The records of any person transferred to a state or county agency pursuant to subsection (g) shall be strictly confidential. This information shall not be released or made public upon subpoena or any other method of discovery. Notwithstanding any other provision to the contrary, release of the records protected under this part shall be permitted under the following circumstances:

(1) Release is made to the department of health or a county police department in compliance with subsection (g) or with any federal reporting requirements imposed on the State;

(2) Release is made of the records, or of specific medical or epidemiological information contained therein, with the prior written consent of the person or persons to whom the records pertain;

(3) Release is made to medical personnel in a medical emergency only to the extent necessary to protect the health, life, or well-being of the named party;

(4) Release is made to the patient's health care insurer to obtain reimbursement for services rendered to the patient; provided that release shall not be made if, after being informed that a claim will be made to an insurer, the patient is afforded the opportunity to make the reimbursement directly and actually makes the reimbursement;

(5) Release is made by the patient's health care provider to another health care provider for the purpose of continued care or treatment of the patient; or

(6) Release is made pursuant to a court order, after an in camera review of the records, upon a showing of good cause by the party seeking release of the records.

Recording or maintaining information protected under this section in a separate portion of an individual's file that is clearly designated as confidential shall not be construed as a breach per se of that individual's confidentiality. No person shall be compelled to consent to the release of information protected under this section. Any person who receives or comes into possession of any record or information released or disclosed pursuant to this subsection shall be subject to the same obligation of confidentiality as the party from whom the record or information was received.

[(g)] (i) Any person disqualified from ownership, possession, or control of firearms [and], ammunition, and a firearms owner identification card by section 134-7.3 shall dispose of all firearms [and], ammunition, and firearms owner identification card in compliance with this chapter.

[(h)] (j) Any person violating subsection (a) or (b) shall be guilty of a class C felony; provided that any felon violating subsection (b) shall be guilty of a class B felony. Any person violating subsection (c), (d), (e), (f), or [(g)] (i) shall be guilty of a misdemeanor."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2001-2002, for the purpose of establishing and implementing an instant electronic criminal background checking system.

The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval, except that section 3 shall take effect on July 1, 2001.

INTRODUCED BY:

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