Report Title:

Firearms; Firing Ranges

Description:

Enables counties to regulate operation of firing ranges within their jurisdiction.

THE SENATE

S.B. NO.

1024

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. Section 134-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Firing range" means any place or premises where facilities allow any firearm to be used for target shooting, practice, amusement, matches, or competition by any person, including situations where a person is compensated for the use of the firing range."

SECTION 2. Chapter 134, part II, Hawaii Revised Statutes, is amended by amending its title to read as follows:

"PART II. FIREARMS, DEALERS' LICENSES, AND FIRING RANGES"

SECTION 3. Chapter 134, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"134-A Permit required to operate a firing range. It shall be unlawful for any person to establish, keep, conduct, or operate any firing range without a permit or to assist in establishing, conducting, or operating any firing range.

(b) The chief of police of each respective county shall control the issuance, regulation, and specification of all firing range permits within their jurisdictions.

(c) An applicant shall:

(1) Be twenty-one years of age or older;

(2) Be a resident of the State continuously for at least one year immediately preceding the date of the application; and

(3) Not have been convicted, under indictment, or under investigation, in this State or elsewhere, of any felony or having committed or attempted to commit any crime of violence.

(d) Application for a permit shall be: made in writing to the chief of police; signed and verified under oath by the applicant; and accompanied by the permit fee. The application shall include:

(1) The applicant's name, address, sex, height, weight, date of birth, place of birth, social security number, and shall require the fingerprinting and photographing of the applicant;

(2) The occupation of the applicant;

(3) A full and complete description of the place and location of the firing range for which a permit is desired;

(4) The full name and address of the owner of the premises and, if different, of the person in control of the premises;

(5) The term for which the applicant desires a permit, whether for one day, several days, a month or a year; provided that in no case shall the permit be valid for more than one year;

(6) A statement that neither the applicant nor any agent or employee connected with the firing range has been convicted of any felony or any crime of violence or is under indictment or investigation for any felony or any crime of violence; and

(7) The number of shooting lanes proposed.

(e) If the applicant is an organization, including a corporation, firm, association, or club, the organization shall appoint an agent to serve as the sole applicant for the firing range permit. The agent shall be given full authority and control of the premises and of all matters involving the firing range. The appointment and authority shall be in writing and duly executed. In addition to the information required in subsection (d), the applicant shall include the name of the organization for whom the applicant serves as agent, the organization's address, and a full description of the operations of the organization.

(f) No permit shall be issued to any person or corporation that has been convicted more than twice of violating any provisions of this section.

(g) All permits to operate a firing range shall be subject to all applicable laws and ordinances and to the following conditions that shall be written and placed upon the permit:

(1) The applicant shall ensure that no present or future agent or employee connected with the firing range is under the age of twenty-one or has been convicted, under indictment, or under investigation in this State or elsewhere of having committed any felony offense or any crime of violence;

(2) The firing range shall be brightly lighted at all times when it is open for business;

(3) The firing range can only operate between the hours of 8 a.m. to 10 p.m.;

(4) A ledger shall be kept of all persons entering the establishment. The ledger must include the person's printed name, signature, date of birth, social security number, the date and time the person entered and exited the establishment, and the make, model, and serial number of all firearms the person brings into the establishment;

(5) A copy of the firearm registration shall be presented for all firearms brought into the establishment;

(6) No person under the age of twenty-one shall be permitted to handle any firearm at the firing range, except under the supervision of a responsible adult;

(7) No person under the influence of intoxicating liquor or drugs shall be permitted to handle any firearms or to remain in the premises;

(8) No intoxicating liquor or any other illegal substance shall be consumed in or upon the premises;

(9) The permit holder, or its agent who is duly registered with the chief of police, shall be present within the premises at all times while it is open for business;

(10) No person shall be permitted entry into the area situated between the firing line and targets when firing is in progress;

(11) The area of the firing range shall not be used for any other purpose when firing is in progress;

(12) Only firearms meeting the manufactures' safety standards of the range's construction shall be allowed; a visible sign shall be posted to inform customers of the maximum caliber capacity of tile firing range; and the firing range manufacture's specifications shall be conspicuously posted;

(13) Air ventilation for the firing range shall meet all requirements established by the state department of health;

(14) Additional safety precautions shall be taken as required or approved by the chief of police to prevent any injury to the public; and

(15) The chief of police or designee or any health, fire, or law enforcement officer of a county, State, or the United States may at any time enter the premises for the purpose of inspecting same.

(h) A fee of $50 shall be charged for each permit issued under this section. The fee shall be deposited into the general fund of the issuing county.

(i) The chief of police of each respective county may suspend or revoke permits under this section for any violation by the holder of the permit for any applicable law, rule, or county ordinance.

(j) In the event that the permit holder discontinues the operation of the firing range, notice of discontinuance shall be given in writing to the chief of police and the permit surrendered to the chief of police within five days.

(k) Nothing contained in this section shall be construed to lessen or invalidate any requirement, not inconsistent with this section, prescribed by any other law, rule, or ordinance.

(l) No permit shall be transferable.

134-B Penalty. Any person who violates any of the provisions of section 134-A shall be guilty of a misdemeanor."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. In codifying the new sections added by section 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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