THIRTIETH LEGISLATURE, 2019
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 legislature finds that state law requires that a person who arrives in the State and who brings or by any other manner causes to be brought into the State a firearm must register the firearm with the applicable county police department. However, Hawaii law does not explicitly require that the arriving person be of a certain age in order to bring the firearm into the State or subsequently register the firearm, even though Hawaii law requires that a person who is already in Hawaii and who wishes to apply for a permit to acquire the ownership of a firearm be at least twenty-one years old.
The purpose of this Act is to prohibit individuals who are less than twenty-one years of age from bringing or causing to be brought into the State any firearm.
SECTION 2. Section 134-3, Hawaii Revised Statutes, is amended to read as follows:
"§134-3 Registration, mandatory, exceptions. (a) Every person arriving in the State who brings or by any other manner causes to be brought into the State a firearm of any description, whether usable or unusable, serviceable or unserviceable, modern or antique, shall register the firearm within five days after arrival of the person or of the firearm, whichever arrives later, with the chief of police of the county of the person's place of business or, if there is no place of business, the person's residence or, if there is neither a place of business nor residence, the person's place of sojourn. A nonresident alien may bring firearms not otherwise prohibited by law into the State for a continuous period not to exceed ninety days; provided that the person meets the registration requirement of this section and the person possesses:
(1) A valid Hawaii hunting license procured under chapter 183D, part II, or a commercial or private shooting preserve permit issued pursuant to section 183D-34;
(2) A written document indicating the person has been invited to the State to shoot on private land; or
(3) Written notification from a firing range or target shooting business indicating that the person will actually engage in target shooting.
The nonresident alien shall be limited to a nontransferable registration of not more than ten firearms for the purpose of the above activities.
Every person registering a firearm under this subsection shall be fingerprinted and photographed by the police department of the county of registration; provided that this requirement shall be waived where fingerprints and photographs are already on file with the police department. The police department shall perform an inquiry on the person by using the International Justice and Public Safety Network, including the United States Immigration and Customs Enforcement query, the National Crime Information Center, and the National Instant Criminal Background Check System, pursuant to section 846-2.7 before any determination to register a firearm is made.
(b) Every person who acquires a firearm pursuant
to section 134-2 shall register the firearm in the manner prescribed by this
section within five days of acquisition.
The registration shall be on forms prescribed by the attorney general,
which shall be uniform throughout the State, and shall include the following
information: name of the manufacturer
and importer; model; type of action; caliber or gauge; serial number; and source
from which receipt was obtained, including the name and address of the prior
registrant. If the firearm has no serial
number, the permit number shall be entered in the space provided for the serial
number, and the permit number shall be engraved upon the receiver portion of
the firearm [
prior to] before registration. All registration data that would identify the
individual registering the firearm by name or address shall be confidential and
shall not be disclosed to anyone, except as may be required:
(1) For processing the registration;
(2) For database management by the Hawaii criminal justice data center;
(3) By a law enforcement agency for the lawful performance of its duties; or
(4) By order of a court.
(c) Dealers licensed under section 134-31 or dealers licensed by the United States Department of Justice shall register firearms pursuant to this section on registration forms prescribed by the attorney general and shall not be required to have the firearms physically inspected by the chief of police at the time of registration.
(d) Registration shall not be required for:
(1) Any device that is designed to fire loose black powder or that is a firearm manufactured before 1899;
(2) Any device not designed to fire or made incapable of being readily restored to a firing condition; or
(3) All unserviceable firearms and destructive devices registered with the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of Justice pursuant to Title 27, Code of Federal Regulations.
(e) No fee shall be charged for the registration of a firearm under this section, except for a fee chargeable by and payable to the registering county for persons registering a firearm under subsection (a), in an amount equal to the fee charged by the Hawaii criminal justice data center pursuant to section 846-2.7. In the case of a joint registration, the fee provided for in this section may be charged to each person.
(f) No person less than twenty-one years of age shall bring or cause to be brought into the State any firearm."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2019.
Firearms; Registration; Importation; Age
Prohibits individuals who are less than 21 years of age from bringing or causing to be brought into the State any firearm. (SB600 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.