Report Title:

Firearms; Permits; Issuers; Enforcers; Qualified Immunity

Description:

Provides qualified immunity for police personnel from claims arising out of the issuance, denial, suspension, or revocation of a firearms permit.

THE SENATE

S.B. NO.

465

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. Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§134- Qualified immunity for the chief of police and persons acting under authority of the chief of police. The chief of police and persons acting under the authority of the chief of police within the course and scope of their employment and acting without malice or criminal intent and without reckless conduct shall not be liable for any claim which arises out of the issuance, denial, suspension, or revocation of, or failure or refusal to issue, deny, suspend, or revoke a firearm permit under this chapter."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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