HOUSE OF REPRESENTATIVES

H.B. NO.

1600

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 law currently allows certain firearms to be lent to adults for use within the State for up to fifteen days without a permit and for use outside the State for up to seventy-five days, thereby allowing the lending of firearms to persons who are not subject to a background check and other firearm permit requirements.

The legislature also finds that this loophole in the law risks the transfer to and possession of firearms by persons with criminal records and other persons who are ineligible from purchasing or owning firearms. Closing this loophole is imperative for the safety of persons and the community. The legislature believes that the loaning of firearms should be permissible to persons who have acquired a permit for the firearm and are subject to the same disqualifying factors as persons who must meet the requirements for obtaining a permit for their firearm.

The purpose of this Act is to close a loophole in Hawaii's existing firearm law by:

(1) Making persons, when acquiring a firearm through loan, subject to the same background check requirements and other requirements of chapter 134, Hawaii Revised Statutes; and

(2) Prohibiting persons from transferring the possession or ownership of any firearm to any person except as authorized under chapter 134, Hawaii Revised Statutes.

SECTION 2. Section 134-4, Hawaii Revised Statutes, is amended to read as follows:

"134-4 Transfer, possession of firearms. (a) No transfer of any rifle having a barrel length of sixteen inches or over or any shotgun having a barrel length of eighteen inches or over, whether usable or unusable, serviceable or unserviceable, modern or antique, registered under prior law or by a prior owner, or unregistered shall be made to any person under the age of eighteen years, except as provided by section 134-5.

(b) No person shall possess any firearm that is owned by another, regardless of whether the owner has consented to possession of the firearm, without a permit from the chief of police of the appropriate county, except as provided in [subsection (c) and] section 134-5.

(c) [Any lawfully acquired rifle or shotgun may be lent to an adult for use within the State for a period not to exceed fifteen days without a permit; provided that where the rifle or shotgun is to be used outside of the State, the loan may be for a period not to exceed seventy-five days.

(d) No person shall knowingly lend a firearm to any person who is prohibited from ownership or possession of a firearm under section 134-7.] No person shall transfer the possession or ownership of any firearm to any person except as expressly authorized by this chapter.

[(e)] (d) After July 1, 1992, no person shall bring or cause to be brought into the State an assault pistol. No assault pistol may be sold or transferred on or after July 1, 1992, to anyone within the State other than to a dealer licensed under section 134-32 or the chief of police of any county except that any person who obtains title by bequest or intestate succession to an assault pistol registered within the State shall, within ninety days, render the weapon permanently inoperable, sell or transfer the weapon to a licensed dealer or the chief of police of any county, or remove the weapon from the State."

SECTION 3. Section 134-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following is prohibited: assault pistols, except as provided by section [134-4(e);] 134-4(d); automatic firearms; rifles with barrel lengths less than sixteen inches; shotguns with barrel lengths less than eighteen inches; cannons; mufflers, silencers, or devices for deadening or muffling the sound of discharged firearms; hand grenades, dynamite, blasting caps, bombs, or bombshells, or other explosives; or any type of ammunition or any projectile component thereof coated with teflon or any other similar coating designed primarily to enhance its capability to penetrate metal or pierce protective armor; and any type of ammunition or any projectile component thereof designed or intended to explode or segment upon impact with its target."

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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Firearms; Lending; Possession; Ownership; Background Checks

 

Description:

Repeals provisions that allow the lending of certain firearms for use within the State for up to 15 days and for use outside the State for up to 75 days without being subject to a background check and other requirements under chapter 134, HRS. Prohibits transferring the possession or ownership of any firearm to any person except as provided under chapter 134, HRS.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.