Report Title:
Firearms
Description:
Establishes a ballistic identification databank.
HOUSE OF REPRESENTATIVES |
H.B. NO. |
912 |
TWENTY-SECOND LEGISLATURE, 2003 |
||
STATE OF HAWAII |
||
|
A BILL FOR AN ACT
RELATING TO FIREARMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
ballistic identification databank
§ -1 Definitions. As used in this chapter, unless the context requires otherwise:
"Department" means the department of the attorney general.
"Manufacturer" means any person possessing a valid federal license that permits the person to engage in the business of manufacturing pistols or ammunition therefor for the purpose of sale or distribution.
"Pistol" means any weapon as defined in section 134-1.
"Shell casing" means that part of ammunition capable of being used in a pistol that contains the primer and propellant powder to discharge the bullet or projectile.
§ -2 Police ballistic identification databank established. (a) On or after March 1, 2004, any manufacturer that ships, transports, or delivers a pistol to any person in this State, in accordance with rules pursuant to subsection (c), shall include in the container with the pistol a separate sealed container that encloses:
(1) A projectile discharged from the pistol;
(2) A shell casing of a bullet or projectile discharged from the pistol; and
(3) Any additional information that identifies the pistol and shell casing.
(b) Beginning March 1, 2004, a dealer in firearms licensed in this State, within ten days of the receipt of any pistol from a manufacturer that fails to comply with this section, shall return the pistol to the manufacturer.
(c) The attorney general, no later than January 1, 2004, shall adopt rules pursuant to chapter 91, for operation of a program that provides a dealer in firearms licensed in this State with a sealed container enclosing the items specified in subsection (a). The program at a minimum shall:
(1) Be operational by March 1, 2004;
(2) Operate in at least one central location in the State; and
(3) Specify procedures by which the dealer is to deliver a pistol to the central location for testing and prompt return of the pistol.
Upon receipt of the sealed container, the department shall cause to be entered in an automated electronic databank pertinent data and other ballistic information relevant to identification of the shell casing and to the pistol from which it was discharged. The automated electronic databank shall be operated and maintained by the department, which shall ensure its compatibility with national ballistic technology.
§ -3 Violations. (a) Any person, firm, or corporation who knowingly violates this section shall be guilty of a violation, punishable by a fine of $500.
(b) Any person, firm, or corporation who knowingly violates this section, after having been previously convicted of a violation of this section, shall be guilty of a misdemeanor, subject to a maximum fine of more than $500 but not more than $1,000, a maximum term of imprisonment of one year, or both." SECTION 2. 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 2003-2004, for the attorney general to develop the automated electronic databank created under this Act.
SECTION 3. The sum appropriated shall be expended by the department of the attorney general for the purposes of this Act.
SECTION 4. This Act shall take effect upon its approval; except that sections 2 and 3 shall take effect on July 1, 2003.
INTRODUCED BY: |
_____________________________ |