Report Title:

Firearms; Lic. Concealed

Description:

Authorizes chiefs of police to issue licenses to carry a concealed firearm. Details processes for license applications, renewals, and record keeping. Strictly prohibits carrying concealed firearms under certain circumstances.

HOUSE OF REPRESENTATIVES

H.B. NO.

2309

TWENTY-SECOND LEGISLATURE, 2004

 

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 a new section to be appropriately designated and to read as follows:

"134-   License to carry concealed firearm. (a) The chiefs of police of the various counties may issue licenses to carry concealed firearms to persons qualified as provided in this section. These licenses shall be valid statewide for a period of three years. Each license shall bear a color photograph of the licensee. For the purposes of this section, "concealed firearm" means a pistol or revolver but the term does not include an assault pistol or automatic firearm as defined in section 134-1. Any person in compliance with the terms of the license may carry a concealed firearm notwithstanding section 134-6. The licensee shall carry the license, together with valid identification, at all times in which the licensee is in actual possession of a concealed firearm and shall display both the license and proper identification upon demand by a law enforcement officer. Violations of this subsection shall constitute a petty misdemeanor, provided that the maximum term of imprisonment shall be three days, and the maximum fine shall be $500.

(b) The appropriate chief of police shall issue a license if the applicant:

(1) Is a citizen of the United States;

(2) Has resided in the State for at least six months or is a member of, or spouse of a member of, the military stationed in the State;

(3) Is twenty-three years of age or older;

(4) Does not suffer from a physical infirmity that prevents the safe handling of a weapon or firearm;

(5) Is not ineligible to possess a firearm pursuant to section 134-7;

(6) Does not chronically and habitually use intoxicating liquor or other substances to the extent that the person's normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses intoxicating liquor or other substances to the extent that the person's normal faculties are impaired if the applicant has been committed under chapter 334 or has been convicted under part IV of chapter 712 or has been deemed a habitual offender under section 291-4.4 or 291E-61.5 or has had two or more convictions under section 291-4, 291-4.3, 291-7, 291E-61, or similar laws of any other state, within the three-year period immediately preceding the date on which the application is submitted;

(7) Desires a legal means to carry a concealed firearm for lawful purposes;

(8) Has not been adjudicated an incapacitated person as defined under section 554B-1 or 560:5-101, or similar laws of any other state, unless five years have elapsed since the applicant's restoration to capacity by court order;

(9) Has not been committed to a mental institution under chapter 334, or similar laws of any other state, unless the applicant produces a certificate from a licensed psychiatrist that the applicant has not suffered from disability for at least five years prior to the date of submission of the application, and is highly unlikely to relapse; and

(10) Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony, unless three years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been sealed or expunged.

(c) The appropriate chief of police may deny a license if the applicant has been found guilty of one or more crimes of violence constituting a misdemeanor, unless three years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been sealed or expunged. The chief of police may deny a license if the applicant has been found guilty of one or more crimes of violence constituting a felony, unless the records has been expunged. The chief of police, may revoke a license if the licensee has been found guilty of one or more misdemeanor or felony crimes of violence within the preceding three years and shall revoke the licensee if so ordered by the court. The chief of police, upon notification by a law enforcement agency, a court, or the attorney general, and subsequent written verification, shall suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify the person from having a license under this section, until final disposition of the case.

(d) The application shall be completed, under oath, on a form prescribed by the attorney general, which shall be uniform throughout the State, and shall include:

(1) The name, address, place and date of birth, race, and occupation of the applicant;

(2) A statement that the applicant is in compliance with criteria contained within subsections (b) and (c);

(3) A statement that the applicant has been furnished a copy of this chapter and is knowledgeable of its provisions;

(4) A conspicuous warning that the application is executed under oath and that a false answer to any question, or the submission of any false document by the applicant, subjects the applicant to criminal prosecution under section 134-17(a); and

(5) A statement that the applicant desires a concealed weapon or firearms license for lawful purposes.

(e) The applicant shall submit to the appropriate chief of police:

(1) A completed application as described in subsection (d);

(2) A nonrefundable license fee not to exceed $100, if the applicant has not previously been issued a license, or a nonrefundable license fee not to exceed $50 for renewal of a license. Costs for processing the set of fingerprints as required in paragraph (3) shall be borne by the applicant. If any individual described in section 134-11(a)(1) or (4) wishes to receive a concealed weapons or firearms license, the person is exempt from the background investigation and all background investigation fees, but shall pay the current license fees regularly required to be paid by nonexempt applicants; provided further that the person is exempt from the required fees and background investigation for a period of one year subsequent to the date of retirement of the person;

(3) A full set of fingerprints of the applicant administered by a law enforcement agency;

(4) A photocopy of a certificate or an affidavit or document as described in subsection (b)(7); and

(5) A full frontal view color photograph of the applicant taken within the preceding thirty days, in which the head, including hair, measures seven-eighths of an inch wide and one and one-eighth inches high.

(f) (1) The appropriate chief of police, upon receipt of the items listed in subsection (e), shall forward within three working days the full set of fingerprints of the applicant to the attorney general and the Federal Bureau of Investigation for state and federal processing; provided the federal service is available. The cost of processing the fingerprints shall be payable to the State;

(2) The county police department shall provide fingerprinting service, if requested by the applicant, and may charge a fee not to exceed $5 for this service;

(3) The appropriate county chief of police, within forty-five days after the date of receipt of the items listed in subsection (e), shall:

(A) Issue the license;

(B) Deny the application based solely on the ground that the applicant fails to qualify under subsection (b) or (c). Upon a denial of the application, the chief of police shall notify the applicant in writing, stating the ground for denial and informing the applicant of any right to a hearing pursuant to subsection (k); or

(C) Suspend the time limitation prescribed by this paragraph if the chief of police receives criminal history information with no final disposition on a crime that may disqualify the applicant until receipt of the final disposition or proof of restoration of civil and firearm rights;

(4) If a legible set of fingerprints, as determined by the attorney general or the Federal Bureau of Investigation, cannot be obtained after two attempts, the attorney general shall determine eligibility based upon name checks conducted by the criminal justice data center; and

(5) If the appropriate county chief of police fails to issue or deny the license within forty-five days after the date of receipt of the items listed in subsection (e) or within such further time as may be necessary under paragraph (3)(C), the application shall be deemed denied and the applicant shall have the right to a hearing as provided in subsection (k).

(g) The attorney general shall maintain an automated listing of license holders and pertinent information, which shall be available on-line, upon request, at all times to all law enforcement agencies through the criminal justice data center.

(h) Within thirty days after the changing of a permanent address, or within thirty days after having a license lost or destroyed, the licensee shall notify the appropriate chief of police of the change or loss. Failure to notify the appropriate chief of police pursuant to this subsection shall constitute a noncriminal violation with a penalty of a $25 fine.

(i) If a concealed firearm license is lost or destroyed, the license shall be automatically invalid, and the person to whom the license was issued, upon payment of $15 to the appropriate chief of police, may obtain a duplicate, or substitute thereof, upon furnishing a notarized statement to the chief of police that the license has been lost or destroyed.

(j) A license issued under this section shall be suspended or revoked by the chief of police, pursuant to subsection (k), if the licensee is found to be or subsequently becomes ineligible under the criteria set forth in subsection (b) or (c).

(k) Any person denied a license, or who has a license suspended or revoked under this section shall have the right to a hearing on the denial, suspension, or revocation, subject to the requirements for contested cases and judicial review under chapter 91.

(l) Not less than ninety days prior to the expiration date of the license, the appropriate county chief of police shall mail to each licensee a written notice of the expiration and a renewal form prescribed by the attorney general, which shall be uniform through the State. The licensee must renew the license, on or before the expiration date, by filing with the appropriate county chief of police the renewal form containing: a notarized affidavit stating that the licensee remains qualified pursuant to the criteria specified in subsections (b) and (c); a color photograph as specified in paragraph (e)(5); and the required renewal fee. The license shall be renewed upon receipt of the completed renewal form, color photograph, appropriate payment of fees, and, if applicable, a completed fingerprint card. Additionally, a licensee who fails to file a renewal application on or before its expiration date shall renew the license by paying a late fee of $15. No license shall be renewed six months or more after its expiration date, and the license shall be deemed to be permanently expired. A person whose license has permanently expired may reapply for licensure; however, an application for licensure and fees pursuant to subsection (e) shall be submitted, and a background investigation shall be conducted pursuant to this section. Persons who knowingly file false information pursuant to this subsection shall be subject to criminal prosecution under section 134-17(a).

(m) No license issued pursuant to this section shall authorize any person to carry a concealed firearm into any:

(1) Place of nuisance pursuant to section 712-1270;

(2) Police station;

(3) Detention facility, prison, or jail;

(4) Courthouse;

(5) Courtroom, except that nothing in this section shall preclude a judge from carrying a concealed weapon or determining who may carry a concealed weapon in the courtroom;

(6) Polling place;

(7) Meeting of the governing body of a county, the board of education, or any neighborhood board;

(8) Meeting of the legislature or a committee thereof;

(9) School, college, or professional athletic event not related to firearms;

(10) School administration building;

(11) Portion of an establishment licensed to dispense intoxicating liquor for consumption on the premises, which portion of the establishment is primarily devoted to this purpose;

(12) Elementary or secondary school facility;

(13) College or university facility, unless the licensee is a registered student, employee, or faculty member of the college or university and the weapon is a hand gun;

(14) Church, synagogue, temple, or other place of worship;

(15) Stadium, arena, or other gathering place for a sporting event;

(16) Inside the passenger terminal and sterile area of any airport; provided that no person shall be prohibited from carrying any legal firearm into the terminal, if the firearm is encased for shipment for purposes of checking the firearm as baggage to be lawfully transported on any aircraft; or any place where the carrying of firearms is prohibited by federal law;

(17) Locked psychiatric units.

Any person who intentionally or knowingly violates any provision of this subsection shall be guilty of a class C felony.

(n) All funds received by a county police department pursuant to this section shall be deposited into the general fund of the respective county and shall be budgeted to the police department.

(o) The attorney general shall maintain statistical information on the number of licenses issued, revoked, suspended, and denied."

SECTION 2. Section 134-2, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) The permit application form shall be signed by the applicant and by the issuing authority. One copy of the permit shall be retained by the issuing authority as a permanent official record. Except for sales to dealers licensed under section 134-31, or dealers licensed by the United States Department of the Treasury, or law enforcement officers, or where a license is granted under section [134-9,] 134- , or where any firearm is registered pursuant to section 134-3(a), no permit shall be issued to an applicant earlier than fourteen calendar days after the date of the application; provided that a permit shall be issued or the application denied before the twentieth day from the date of application. Permits issued to acquire any pistol or revolver shall be void unless used within ten days after the date of issue. Permits to acquire a pistol or revolver require a separate application and permit for each transaction. Permits issued to acquire any rifle or shotgun shall entitle the permittee to make subsequent purchases of rifles or shotguns for a period of one year from the date of issue without a separate application and permit for each acquisition, subject to the disqualifications under section 134-7 and subject to revocation under section 134-13; provided that if a permittee is arrested for committing a felony or any crime of violence or for the illegal sale of any drug, the permit shall be impounded and shall be surrendered to the issuing authority."

SECTION 3. Section 134-6, Hawaii Revised Statutes, is amended by amending subsections (c), (d), and (e) to read as follows:

"(c) Except as provided in sections 134-5 and [134-9,] 134- , all firearms and ammunition shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms or ammunition or both in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following: a place of repair; a target range; a licensed dealer's place of business; an organized, scheduled firearms show or exhibit; a place of formal hunter or firearm use training or instruction; or a police station. "Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.

(d) It shall be unlawful for any person on any public highway to carry on the person, or to have in the person's possession, or to carry in a vehicle any firearm loaded with ammunition; provided that this subsection shall not apply to any person who has in the person's possession or carries a pistol or revolver and ammunition therefor in accordance with a license issued as provided in section [134-9.] 134- .

(e) Any person violating subsection (a) or (b) shall be guilty of a class A felony. Any person violating this section by carrying or possessing a loaded firearm or by carrying or possessing a loaded or unloaded pistol or revolver without a license issued as provided in section [134-9] 134- shall be guilty of a class B felony. Any person violating this section by carrying or possessing an unloaded firearm, other than a pistol or revolver, shall be guilty of a class C felony.

A conviction and sentence under subsection (a) or (b) shall be in addition to and not in lieu of any conviction and sentence for the separate felony; provided that the sentence imposed under subsection (a) or (b) may run concurrently or consecutively with the sentence for the separate felony."

SECTION 4. Section 134-11, Hawaii Revised Statutes, is amended to read as follows:

"134-11 Exemptions. (a) Sections 134-6 to [134-9,] 134-  , except section 134-7(f), shall not apply:

(1) To state and county law enforcement officers; provided that such persons are not convicted of an offense involving abuse of a family [[]or[]] household member under section 709-906;

(2) To members of the armed forces of the State and of the United States and mail carriers while in the performance of their respective duties if those duties require them to be armed;

(3) To regularly enrolled members of any organization duly authorized to purchase or receive the weapons from the United States or from the State, provided the members are either at, or going to or from, their places of assembly or target practice;

(4) To persons employed by the State, or subdivisions thereof, or the United States while in the performance of their respective duties or while going to and from their respective places of duty if those duties require them to be armed;

(5) To aliens employed by the State, or subdivisions thereof, or the United States while in the performance of their respective duties or while going to and from their respective places of duty if those duties require them to be armed;

(6) To police officers on official assignment in Hawaii from any state which by compact permits police officers from Hawaii while on official assignment in that state to carry firearms without registration. The governor of the State or the governor's duly authorized representative may enter into compacts with other states to carry out this paragraph.

(b) Sections 134-2 and 134-3 shall not apply to such firearms or ammunition that are a part of the official equipment of any federal agency.

(c) Sections 134-6, 134-8, and [134-9] 134- shall not apply to the possession, transportation, or use, with blank cartridges, of any firearm or explosive solely as props for motion picture film or television program production when authorized by the chief of police of the appropriate county pursuant to section 134-2.5 and not in violation of federal law."

SECTION 5. Section 134-9, Hawaii Revised Statutes, is repealed.

["134-9 Licenses to carry. (a) In an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property, the chief of police of the appropriate county may grant a license to an applicant who is a citizen of the United States of the age of twenty-one years or more or to a duly accredited official representative of a foreign nation of the age of twenty-one years or more to carry a pistol or revolver and ammunition therefor concealed on the person within the county where the license is granted. Where the urgency or the need has been sufficiently indicated, the respective chief of police may grant to an applicant of good moral character who is a citizen of the United States of the age of twenty-one years or more, is engaged in the protection of life and property, and is not prohibited under section 134-7 from the ownership or possession of a firearm, a license to carry a pistol or revolver and ammunition therefor unconcealed on the person within the county where the license is granted. Unless renewed, the license shall expire one year from the date of issue.

(b) The chief of police of each county shall adopt procedures to require that any person granted a license to carry a concealed weapon on the person shall:

(1) Be qualified to use the firearm in a safe manner;

(2) Appear to be a suitable person to be so licensed;

(3) Not be prohibited under section 134-7 from the ownership or possession of a firearm; and

(4) Not have been adjudged insane or not appear to be mentally deranged.

(c) No person shall carry concealed or unconcealed on the person a pistol or revolver without being licensed to do so under this section or in compliance with sections 134-5(c) or 134-6.

(d) A fee of $10 shall be charged for each license and shall be deposited in the treasury of the county in which the license is granted."]

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:

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