HOUSE OF REPRESENTATIVES
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 notes that under Hawaii's firearms permitting laws, permits to acquire rifles and shotguns remain in effect for one year from the date of issuance. The legislature finds that the duration of the permit's validity effectively allows the permit holder to acquire as many rifles and shotguns as the permit holder desires, without undergoing any additional or follow-up background checks. This may result in a situation where a permit holder who has become ineligible to purchase firearms subsequent to the permit's issuance is still able to do so with the previously issued permit that remains in effect.
The legislature finds this situation to be unacceptable. The legislature believes that the permitting procedure for acquiring rifles and shotguns should align with the procedure for revolvers and pistols, which involves much shorter time frames.
Accordingly, the purpose of this Act is to:
(1) Require a separate application and permit for the acquisition of each rifle or shotgun and shorten the duration of the permit's validity from one year to ten days; and
(2) Amend section 463-10.5, Hawaii Revised Statutes, which requires an armed security guard to possess a valid permit to acquire a firearm, to instead require the possession of a valid license to carry a firearm.
SECTION 2. Section 134-2, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) The permit application form shall be signed
by the applicant and by the issuing authority.
One copy of the permit shall be retained by the issuing authority as a permanent
official record. Except for sales to
dealers licensed under section 134-31, or dealers licensed by the United States
Department of Justice, or law enforcement officers, or where a license is
granted under section 134-9, or where any firearm is registered pursuant to
section 134-3(a), no permit shall be issued to an applicant earlier than fourteen
calendar days after the date of the application; provided that a permit shall
be issued or the application denied before the twentieth day from the date of
application. Permits issued to acquire
any pistol [
or], revolver, rifle, or shotgun shall be void
unless used within ten days after the date of issue. Permits to acquire a pistol [ or],
revolver, rifle, or shotgun shall require a separate application and
permit for each transaction. [ Permits
issued to acquire any rifle or shotgun shall entitle the permittee to make
subsequent purchases of rifles or shotguns for a period of one year from the
date of issue without a separate application and permit for each acquisition,
subject to the disqualifications under section 134-7 and subject to revocation
under section 134-13; provided that if a permittee is arrested for committing a
felony or any crime of violence or for the illegal sale of any drug, the permit
shall be impounded and shall be surrendered to the issuing authority.] The issuing authority shall perform an inquiry
on an applicant 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 issue a
permit or to deny an application is made."
SECTION 3. Section 463-10.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) Before beginning employment as a guard or in
a guard capacity, in addition to the classroom instruction required by this
section, guards and individuals acting in a guard capacity who carry a firearm
or other weapon, including but not limited to an electric gun as defined in
section 134-1, while on-duty in a guard capacity shall possess a valid [
to acquire the ownership of a] license to carry a firearm issued by
county police pursuant to [ section 134-2] procedures established by each
county police department under section 134-9 and shall satisfy the safety
and suitability requirements of section [ 134‑2(g).] 134-9(b)."
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.
Honolulu Police Department Package; Firearms; Permits to Acquire; Rifles; Shotguns
Requires a separate application and permit for the acquisition of each rifle or shotgun and shortens the duration of the permit's validity from 1 year to 10 days.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.