HOUSE OF REPRESENTATIVES

H.B. NO.

1902

THIRTIETH LEGISLATURE, 2020

H.D. 1

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 the State has some of the strongest gun safety laws in the nation, receiving an A‑minus rating from the Giffords Law Center to Prevent Gun Violence. However, the legislature also finds that the State can improve its gun safety laws by completely prohibiting the use of large capacity magazines for all firearms. Existing state law prohibits the use of these types of magazines with pistols but not with long guns such as rifles or shotguns.

The legislature further finds that the involvement of large capacity magazines increases the deadliness of violent incidents. Large capacity magazines are capable of holding in excess of ten rounds of ammunition. These magazines significantly increase a shooter's ability to injure and kill large numbers of people quickly before a shooter needs to reload. For example, in the 2019 mass shooting in Dayton, Ohio, the assailant, using an assault weapon and a drum magazine that held one hundred rounds, fired at least forty-one rounds of ammunition in less than thirty seconds, killing nine people and wounding twenty-six others. According to the Giffords Law Center to Prevent Gun Violence, large capacity magazines have been used in all ten of the deadliest mass shootings in the last decade. According to Everytown for Gun Safety Support Fund, mass shootings that involve large capacity magazines result in five times as many people being shot with twice as many fatalities compared to mass shootings that do not involve large capacity magazines.

The time a shooter takes to reload his weapon can be critical in enabling victims to escape and for law enforcement or others to intervene. In the 2011 mass shooting in Tucson, Arizona, the shooter was tackled by a bystander after stopping to reload his weapon. In the 2018 mass shooting in Parkland, Florida, students at Marjory Stoneman Douglas High School were able to escape down a stairwell while the shooter paused to reload his weapon.

The purpose of this Act is to reduce gun violence in the State by:

(1) Eliminating the use of large capacity magazines in all types of firearms, not just pistols;

(2) Prohibiting certain individuals who, as a minor, were diagnosed with behavioral, emotional, or mental disorders from owning firearms unless the person has been medically documented to be no longer either adversely affected by the behavioral, emotional, or mental disorder or deemed a danger to themselves or others;

(3) Prohibiting certain individuals who have been adjudicated by the family court to have committed a certain number of crimes of violence from owning firearms; and

(4) Requiring records of these diagnoses or adjudications to be made available to law enforcement officials.

SECTION 2. Section 134-7, Hawaii Revised Statutes, is amended to read as follows:

"134-7 Ownership [or], possession, or control prohibited, when; penalty. (a) No person who is a fugitive from justice or is a person prohibited from possessing firearms or ammunition under federal law shall own, possess, or control any firearm or ammunition therefor.

(b) No person who is under indictment for, or has waived indictment for, or has been bound over to the circuit court for, or has been convicted in this State or elsewhere of having committed a felony, or any crime of violence, or an illegal sale of any drug shall own, possess, or control any firearm or ammunition therefor.

(c) No person who:

(1) Is or has been under treatment or counseling for addiction to, abuse of, or dependence upon any dangerous[,] drugs, harmful[, or] drug, detrimental drug, intoxicating [compound] compounds, or intoxicating liquor, as defined in section 712-1240[, or intoxicating liquor];

(2) Has been acquitted of a crime on the grounds of mental disease, disorder, or defect pursuant to section 704‑411; or

(3) Is or has been diagnosed as having a significant behavioral, emotional, or mental [disorders] disorder, as defined by the most current diagnostic and statistical manual of mental disorders of the American Psychiatric Association; or [for treatment]

(4) Is or has been treated for organic brain [syndromes;] syndrome;

shall own, possess, or control any firearm or ammunition therefor, unless the person has been medically documented to be no longer adversely affected by the addiction, abuse, dependence, mental disease, disorder, or defect.

(d) No person who is less than twenty-five years old and has been adjudicated by the family court to have committed a felony[, two or more crimes of violence,] or an illegal sale of any drug shall own, possess, or control any firearm or ammunition therefor.

(e) No minor who:

(1) Is or has been under treatment for addiction to any dangerous[,] drugs, harmful[, or] drug, detrimental drug, intoxicating [compound] compounds, or intoxicating liquor, as defined in section 712-1240[, or intoxicating liquor];

(2) Is a fugitive from justice; or

(3) Has been determined not to have been responsible for a criminal act or has been committed to any institution on account of a mental disease, disorder, or defect;

shall own, possess, or control any firearm or ammunition therefor, unless the minor has been medically documented to be no longer adversely affected by the addiction, mental disease, disorder, or defect.

For the purposes of enforcing this section, and notwithstanding section 571-84 or any other law to the contrary, any agency within the State shall make its records relating to family court adjudications available to law enforcement officials.

(f) No person who has been restrained pursuant to an order of any court, including a gun violence protective order issued pursuant to part IV, from contacting, threatening, or physically abusing any person, shall possess, control, or transfer ownership of any firearm or ammunition therefor, so long as the protective order, restraining order, or any extension is in effect, unless the order, for good cause shown, specifically permits the possession of a firearm and ammunition. The protective order or restraining order shall specifically include a statement that possession, control, or transfer of ownership of a firearm or ammunition by the person named in the order is prohibited. The person shall relinquish possession and control of any firearm and ammunition owned by that person to the police department of the appropriate county for safekeeping for the duration of the order or extension thereof. At the time of service of a protective order or restraining order involving firearms and ammunition issued by any court, a police officer may take custody of any and all firearms and ammunition in plain sight, those discovered pursuant to a consensual search, and those firearms surrendered by the person restrained. If the person restrained is the registered owner of a firearm and knows the location of the firearm, but refuses to surrender the firearm or refuses to disclose the location of the firearm, the person restrained shall be guilty of a misdemeanor. In any case, when a police officer is unable to locate the firearms and ammunition either registered under this chapter or known to the person granted protection by the court, the police officer shall apply to the court for a search warrant pursuant to chapter 803 for the limited purpose of seizing the firearm and ammunition.

For the purposes of this subsection, good cause shall not be based solely upon the consideration that the person subject to restraint pursuant to an order of any court is required to possess or carry firearms or ammunition during the course of the person's employment. Good cause consideration may include but not be limited to the protection and safety of the person to whom a restraining order is granted.

(g) No person shall own, possess, or control any firearm or ammunition therefor who:

(1) As a minor, was diagnosed as having a significant behavioral, emotional, or mental disorder as defined by the most current diagnostic and statistical manual of mental disorders of the American Psychiatric Association, unless the person has been medically documented to be no longer either adversely affected by the behavioral, emotional, or mental disorder or deemed a danger to themselves or others;

(2) Is twenty-five years old or less and has been adjudicated by the family court to have committed not more than one crime of violence in this State or elsewhere; or

(3) Is more than twenty-five years old and has been adjudicated by the family court to have committed one or more crimes of violence in this State or elsewhere.

For the purposes of enforcing this section, and notwithstanding section 571-84 or any other law to the contrary, any agency within the State shall make its records relating to behavioral, emotional, or mental disorders diagnoses or family court adjudications, or both, available to law enforcement officials.

[(g)] (h) Any person disqualified from ownership, possession, control, or the right to transfer ownership of firearms and ammunition under this section shall surrender or dispose of all firearms and ammunition in compliance with section 134-7.3.

[(h)] (i) Any person violating subsection (a) or (b) shall be guilty of a class C felony; provided that any felon violating subsection (b) shall be guilty of a class B felony. Any person violating subsection (c), (d), (e), (f), or [(g)] (h) shall be guilty of a misdemeanor."

SECTION 3. Section 134-8, Hawaii Revised Statutes, is amended to read as follows:

"134-8 Ownership, etc., of automatic firearms, silencers, etc., prohibited; penalties. (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); 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.

(b) Any person who installs, removes, or alters a firearm part with the intent to convert the firearm to an automatic firearm shall be deemed to have manufactured an automatic firearm in violation of subsection (a).

(c) [The] Except as provided in subsection (d), the manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of detachable ammunition magazines with a capacity in excess of ten rounds [which are designed for or capable of use with a pistol] is prohibited. This subsection shall not apply to magazines originally designed to accept more than ten rounds of ammunition which have been modified to accept no more than ten rounds and which are not capable of being readily restored to a capacity of more than ten rounds.

(d) Detachable ammunition magazines with a capacity in excess of ten rounds may be possessed and used by a law enforcement agency or duly authorized law enforcement officer for official use.

[(d)] (e) Any person violating subsection (a) or (b) shall be guilty of a class C felony and shall be imprisoned for a term of five years without probation. Any person violating subsection (c) shall be guilty of a misdemeanor except when a detachable magazine prohibited under this section is possessed while inserted into a [pistol] firearm in which case the person shall be guilty of a class C felony."

SECTION 4. Section 571-84, Hawaii Revised Statutes, is amended to read as follows:

"571-84 Records. (a) The court shall maintain records of all cases brought before it. Except as provided in section 571-84.6, in proceedings under section 571-11 and in paternity proceedings under chapter 584, the following records shall be withheld from public inspection: the court docket, petitions, complaints, motions, and other papers filed in any case; transcripts of testimony taken by the court; and findings, judgments, orders, decrees, and other papers other than social records filed in proceedings before the court. The records other than social records shall be open to inspection: by the parties and their attorneys, by an institution or agency to which custody of a minor has been transferred, and by an individual who has been appointed guardian; with consent of the judge, by persons having a legitimate interest in the proceedings from the standpoint of the welfare of the minor; and, pursuant to order of the court or the rules of court, by persons conducting pertinent research studies, and by persons, institutions, and agencies having a legitimate interest in the protection, welfare, treatment, or disposition of the minor.

(b) Reports of social and clinical studies or examinations made pursuant to this chapter shall be withheld from public inspection, except that information from these reports [may]:

(1) May be furnished, in a manner determined by the judge, to persons and governmental and private agencies and institutions conducting pertinent research studies or having a legitimate interest in the protection, welfare, treatment, or disposition of the minor[.]; and

(2) Shall be furnished to law enforcement officials if the minor has been diagnosed with having a significant behavioral, emotional, or mental disorder as defined by the most current diagnostic manual of the American Psychiatric Association; or has been adjudicated by the court to have committed a crime of violence.

(c) No information obtained or social records prepared in the discharge of official duty by an employee of the court shall be disclosed directly or indirectly to anyone other than the judge or others entitled under this chapter to receive the information, unless and until otherwise ordered by the judge.

(d) Any photograph or fingerprint taken of any minor may be used or circulated only as permitted by section 571-74.

(e) The records of any police department and of any juvenile division or section thereof, relating to any proceedings authorized under section 571-11 shall be confidential and shall be open to inspection and use only by persons whose official duties are concerned with this chapter, except as provided in subsections (b), (d) [and], (f), and (j); sections 571-88 and 571-72(b)[,]; or as otherwise ordered by the court.

(f) Any police records concerning traffic accidents in which a minor coming within section 571-11(1) is involved, after the termination of any proceeding under section 571-11(1) arising out of any accident, or in any event after six months from the date of the accident, shall be available for inspection by the parties directly concerned in the accident or their duly licensed attorneys acting under written authority signed by either party. Any person who may sue because of death resulting from any traffic accident shall be deemed a party concerned.

(g) In all proceedings concerning violations other than traffic violations, in which a minor coming within section 571‑11(1) is involved and after the termination of any proceeding under section 571-11(1) arising out of the violation, the court may disclose to a party directly concerned the disposition of a case involving an offense against a person or property. This disclosure shall be made only upon written request of the party directly concerned. If the minor has been adjudicated a law violator, the name and address of the minor, and, when practicable, the name of the parent or guardian shall be disclosed, pursuant to the order of the court or the Hawaii family court rules, to the parties directly concerned with the alleged violation or their duly licensed attorneys acting under written authority signed by either party. For the purpose of this section, "parties directly concerned" means any person who may sue because of death, injury, or damage resulting from any violation, other than a traffic violation, in which a minor coming within section 571-11(1) is involved.

The minor, and, when practicable, the minor's parents or custodian, and the attorney of the minor shall be notified when the minor's name and address have been released.

(h) Evidence given in proceedings under section 571-11(1) or (2) shall not in any civil, criminal, or other cause be lawful or proper evidence against the minor therein involved for any purpose [whatever], except in subsequent proceedings involving the same minor under section 571-11(1) or (2).

(i) All information in the records except reports of social studies and clinical studies or examinations shall be recorded in the juvenile justice information system. Information about the dates, length, preparer, and subject of social studies may be included in the juvenile justice information system.

(j) All records shall be made available to the appropriate law enforcement officials for any minor who has a recorded diagnosis of having a significant behavioral, emotional, or mental disorder as defined by the most current diagnostic manual of the American Psychiatric Association; or who has been adjudicated by the court to have committed a crime of violence."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval; provided that the amendments made to section 571-84(a), Hawaii Revised Statutes, by section 2 of Act 225, Session Laws of Hawaii 2019, shall not be affected by section 4 of this Act when Act 225, Session Laws of Hawaii 2019, becomes effective on January 1, 2021.


 


 

Report Title:

Firearms; Large Capacity Magazine; Prohibition; Mental Health; Red Flags; Restrictions; Family Court Records

 

Description:

Extends the prohibition for large capacity magazines to all firearms, rather than just pistols. Provides an exception to the prohibition for law enforcement agencies and duly authorized officers. Prohibits certain individuals from owning firearms who: (1) as a minor, were diagnosed with behavioral, emotional, or mental disorders, unless the person has been medically documented to be no longer either adversely affected by the behavioral, emotional, or mental disorder or deemed a danger to themselves or others; or (2) were adjudicated by the family court to have committed a certain number of crimes of violence. Requires records of these diagnoses or adjudications to be made available to law enforcement officials. (HD1)

 

 

 

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