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 Hawaii's penal code does not adequately address the reporting of lost or stolen firearms. Permits to acquire firearms and registration are required in the State to ensure that firearms remain in the possession of individuals who are properly vetted and meet the stringent requirements to own or possess firearms. Keeping firearms in the hands of authorized owners is vital to the public safety of the people of Hawaii. If lost or stolen firearms are properly reported, law enforcement can enter information on these lost or stolen firearms into the appropriate national and local databases. This information will enhance police officer safety when dealing with firearm ownership and possession issues in the course of police duties. Having access to information on lost or stolen firearms will also allow police officers to investigate a report in a timely manner, which will assist in the swift seizure of lost or stolen weapons and further the goal of public safety.
SECTION 2. Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§134- Reporting of lost, stolen, or destroyed firearms. (a) Every person or designee shall report the loss, theft, or destruction of a firearm that the person owns or possesses to the county police department of the county within which the loss, theft, or destruction occurred, within forty-eight hours upon the discovery of such loss, theft, or destruction. Every person reporting the loss, theft, or destruction of a firearm shall report, to the best of the person's knowledge, accurate and factual information on the make, model, and serial number of the firearm, if known by the person, and any additional relevant information required by the county police department taking the report.
(b) Upon the receipt of a report of a lost, stolen, or destroyed firearm, the appropriate county police department shall enter into the National Crime Information Center database, to the extent known, the caliber, make, model, manufacturer, and serial number of the firearm and any other distinguishing number or identification mark on the firearm.
(c) If a person intentionally or knowingly fails to report to the appropriate county police department the loss, theft, or destruction of any firearm that the person owns or possesses, or falsely reports the loss, theft, or destruction of a firearm, the person shall:
(1) Be guilty of a petty misdemeanor for the first offense;
(2) Be guilty of a misdemeanor for the second offense; and
(3) Be guilty of a misdemeanor for the third or subsequent offense.
(d) Any person found guilty under subsection (c)(3) shall:
(1) Have all firearm registrations revoked;
(2) Surrender all firearms and ammunition to the chief of police of the appropriate county within seven days of disqualification; and
(3) Be prohibited from owning, possessing, or registering any firearms.
If, upon conviction, a person fails to voluntarily surrender all firearms and ammunition as required by this subsection, the chief of police may seize all firearms and ammunition.
(e) For the purposes of this section, an incident that applies to multiple firearms shall constitute a single offense if the offense pertaining to each firearm arose from the same occurrence.
(f) No person shall knowingly make a false report to a county police department that a firearm has been lost, stolen, or destroyed.
(g) A person shall not be in violation of this section if:
(1) The failure to report is due to an act of God, act of war, or inability of a county police department to receive the report;
(2) The person makes a good faith effort to comply with the requirements of this section;
(3) The person is hospitalized, in a coma, or is otherwise seriously physically, or mentally impaired so as to prevent the person from reporting; or
(4) The person's designee makes a report if the person is unable to make the report."
SECTION 3. The legislature finds that Act 108, Session Laws of Hawaii 2016, authorized the county police departments to enroll firearms permit applicants and individuals who are registering their firearms into the Rap Back system, a criminal record monitoring service used to alert police when an owner of a firearm is arrested for a criminal offense anywhere in the country.
The legislature further finds that while the bulk of the functionality of the Rap Back system, including subscriptions and notification service for user departments, is targeted to be implemented in June 2019, full firearms implementation of the Rap Back system in Hawaii is still pending and awaiting further legal guidance from the Federal Bureau of Investigation and the department of the attorney general.
The purpose of this part is to suspend the collection of any fee related to the Rap Back system from firearms permit applicants and individuals who are registering their firearms through the county police departments until the Rap Back system is fully implemented in Hawaii.
SECTION 4. (a) The Hawaii criminal justice data center, under the jurisdiction of the department of the attorney general, shall suspend the collection of any fee related to the Federal Bureau of Investigation Rap Back database system from firearms permit applicants and registrants pursuant to sections 134-2(i) and 134-3(e), Hawaii Revised Statutes, until the Rap Back system is fully implemented in Hawaii.
(b) The attorney general shall submit a report to the legislature, regarding progress in implementing the Rap Back system and any proposed legislation, no later than twenty days prior to the convening of the regular session of 2020.
SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 6. New statutory material is underscored.
SECTION 7. This Act shall take effect on July 1, 2050.
Firearms; Reporting Requirements; Penalties; Rap Back; Fees
Requires a person to report the person's lost, stolen, or destroyed firearms to the appropriate county police department. Establishes penalties for failure to report. Requires suspension of any fee related to the Rap Back system until the Rap Back system, a criminal record monitoring service, is fully implemented. (SB621 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.