HOUSE OF REPRESENTATIVES

H.B. NO.

1598

THIRTIETH LEGISLATURE, 2020

 

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 has one of the most stringent license to carry firearms laws in the nation. However, this law has come under scrutiny by a recent federal appeals court decision. While that decision is currently under review, it has highlighted a concern in the application of Hawaii's license to carry firearms law.

This concern involves the approval of licenses to carry firearms. Hawaii law grants the county chiefs of police some latitude in the approval of licenses to carry firearms. Additionally, a license to carry a firearm is only valid within the county in which the license is granted. This latitude may create situations where differing standards are used in each county in granting licenses to carry firearms. Since licenses to carry firearms are not valid statewide, there is no single statewide authority providing oversight on the approval of such licenses. The legislature believes that resolving this matter will strengthen Hawaii's license to carry firearms law.

The purpose of this Act is to authorize the attorney general to grant licenses to carry concealed or unconcealed firearms statewide. By placing the authority to grant licenses to carry firearms at the state level, a consistent standard will be applied to all applications for licenses to carry firearms within the State. Furthermore, these licenses will be valid statewide.

This Act also:

(1) Limits the authority of the county chiefs of police to grant licenses to carry to firearms to on-duty security guards;

(2) Mandates certain training requirements for an individual to be granted a license to carry a firearm; and

(3) Increases the licensing fees to accurately reflect the time and resources spent processing applications for licenses to carry firearms.

SECTION 2. Section 134-9, Hawaii Revised Statutes, is amended to read as follows:

"134-9 Licenses to carry. (a) In an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property[,] and is not prohibited under section 134-7 from the ownership or possession of a firearm, the [chief of police of the appropriate county] attorney general may grant a license to an applicant who is a citizen of the United States of the age of twenty-one years or more or to a duly accredited official representative of a foreign nation of the age of twenty-one years or more to carry a pistol or revolver and ammunition therefor concealed or unconcealed on the person within the [county where the license is granted.] State.

(b) Where the urgency or the need has been sufficiently indicated, the respective chief of police may grant to an applicant of good moral character who is a citizen of the United States of the age of twenty-one years or more, is engaged in the protection of life and property[,] while employed and on duty with a guard agency as defined in section 463-1, is in compliance with the requirements of section 463-10.5, and is not prohibited under section 134-7 from the ownership or possession of a firearm, a license to carry a pistol or revolver and ammunition therefor unconcealed on the person within the county where the license is granted.

(c) The chief of police of the appropriate county, the attorney general, or the [chief's] designated representative[,] of the chief of police or attorney general shall perform an inquiry on an applicant by using the National Instant Criminal Background Check System, to include a check of the Immigration and Customs Enforcement databases where the applicant is not a citizen of the United States, before any determination to grant a license is made. Unless renewed, the license shall expire one year from the date of issue.

[(b)] (d) The chief of police of each county and the attorney general shall adopt procedures to require that any person granted a license to carry a concealed or unconcealed weapon on the person shall:

(1) Be qualified to use the firearm in a safe manner[;] by having completed an approved firearms safety and training course as authorized under section 134‑2(g)(2), (3), and (4) no more than one-hundred eighty days before applying for a license under this section;

(2) Appear to be a suitable person to be so licensed;

(3) Not be prohibited under section 134-7 from the ownership or possession of a firearm; and

(4) Not have been adjudged insane or not appear to be mentally deranged.

[(c)] (e) No person shall carry concealed or unconcealed on the person a pistol or revolver without being licensed to do so under this section or in compliance with sections 134-5(c) or 134-25.

[(d)] (f) A fee of [$10] $100 shall be charged for each [license] application and shall be deposited in the treasury of the [county in which the license is granted.] State."

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 upon its approval.

 

INTRODUCED BY:

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Report Title:

License to Carry Firearms; Concealed Carry; Open Carry; AG; County Chiefs of Police

 

Description:

Authorizes the attorney general to grant licenses to carry a pistol or revolver and ammunition therefor concealed or unconcealed statewide. Limits the county chiefs of police authority to grant licenses to carry. Amends the requirements and fee for licenses to carry.

 

 

 

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