Report Title:

Public Safety; Firearms

Description:

Enacts firearms, ammunition, and dangerous weapons chapter; repeals former chapter.

THE SENATE

S.B. NO.

2743

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO PUBLIC SAFETY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to title 10 to be appropriately designated and to read as follows:

"CHAPTER

FIREARMS, AMMUNITION, DANGEROUS WEAPONS, AND BODY ARMOR

PART I. GENERAL PROVISIONS

-1 Definitions. As used in this chapter, unless the context indicates otherwise:

"Acquire" means to gain ownership of.

"Antique pistol or revolver" means any pistol or revolver manufactured before 1899 and any replica thereof if it either is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition or is designed or redesigned to use rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.

"Assault pistol" means a semiautomatic pistol that has two or more of the following characteristics:

(1) An ammunition magazine that attaches to the pistol;

(2) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip, or silencer;

(3) A shroud that is attached to or partially or completely encircles the barrel and which permits the shooter to hold the firearm with the second hand without being burned;

(4) A manufactured weight of fifty ounces or more when the pistol is unloaded;

(5) A centerfire pistol with an overall length of twelve inches or more; or

(6) It is a semiautomatic version of an automatic firearm; but does not include a firearm with a barrel sixteen or more inches in length, an antique pistol as defined in this section or a curio or relic as those terms are used in 18 United States Code 921(16) or 27 Code of Federal Regulations 178.11.

"Automatic firearm" means any firearm that shoots, is designed to shoot, or can be readily modified to shoot automatically more than one shot, without a manual reloading, by a single function of the trigger. This term shall also include the frame or receiver of any such firearm, any part designed and intended solely and exclusively, or any combination of parts designed and intended, for use in converting a firearm into an automatic firearm, and any combination of parts from which an automatic firearm can be assembled if the parts are in the possession or under the control of a single person.

"Chief of police" means the chief of police of the counties of Hawaii, Maui, Kauai, the city and county of Honolulu, or their designees.

"Contact-fire powerhead" means any device capable of firing a single round of ammunition where the barrel must be removed to chamber a cartridge and is fired by a contact mechanism.

"Controlled substance" shall be as defined in section 329-1.

"Crime of violence" includes the commission, an attempt to commit, or a conspiracy to commit, any of the following offenses: murder in any degree, manslaughter, assault in any degree, assault against a law enforcement officer, reckless endangering in any degree, terroristic threatening in the first degree, kidnapping, sexual assault in the first, second, or third degree, promoting child abuse in any degree, extortion in the first or second degree, burglary in any degree, criminal property damage in the first or second degree, robbery in any degree, endangering the welfare of a minor in any degree, abuse of family or household members, impersonating a law enforcement officer in any degree, intimidating a correctional worker, aggravated harassment by stalking, any offense, as defined in title 37, that involves bodily injury or threat of bodily injury to the person of another, or to a comparable offense of federal law or military law or of any other state or other jurisdiction of the United States.

"Distribution" means the selling, transferring, prescribing, giving, or delivering to another, or the leaving, bartering, or exchanging with another, or the offering or agreeing to do the same.

"Electric gun" means any portable device that is electrically operated to project a missile or electromotive force. It does not include any electric livestock prod used in animal husbandry and any automatic external defibrillator used in emergency medical situations.

"Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.

"Firearm" means any weapon, for which the operating force is an explosive, including but not limited to pistols, revolvers, rifles, shotguns, automatic firearms, noxious gas projectors, mortars, bombs, and cannon.

"Firearm loaded with ammunition" and "loaded firearm" means a firearm with ammunition present within the firing chamber, revolving cylinder, or within a fixed or detachable magazine which is inserted in a firearm.

"Fugitive from justice" means any person:

(1) Who has fled from any state, territory, the District of Columbia, or possession of the United States, to avoid prosecution for a felony or to avoid giving testimony in any criminal proceeding; or

(2) Who has fled from any country other than the United States and is avoiding lawful extradition back to that country.

"Law enforcement officer" shall have the same meaning as provided for in section 701-118.

"Pistol" or "revolver" means any firearm of any shape with an original barrel less than sixteen inches in length.

"Public highway" shall have the same meaning as defined in section 264-1(a) and shall include a parking lot, when any part thereof is open for use by the public or to which the public is invited for entertainment or business purposes.

"School sponsored function" means any function or activity authorized by the school or its administration, that includes, but is not limited to, athletic competitions, dances, parties, or any extracurricular activities.

"School vehicle" means any publicly or privately owned motor vehicle used to transport pupils to and from school, school sponsored functions, or school-related events.

"School zone" means an area in, or on, or within one thousand feet from the grounds of any public or private day care center, child care facility, headstart program, preschool, kindergarten, elementary, secondary, intermediate, middle, high school, community college, college or university, including any special school for children in the State.

"Semiautomatic" means the mode of operation by which a firearm uses the energy of the explosive in a fixed cartridge to extract a fired cartridge and chamber a fresh cartridge with each single pull of a trigger.

"Sojourn" means any privately owned or commercially operated place of temporary residence or lodging, but does not include public campgrounds, parks, or motor vehicles.

PART II. ACQUISITION, REGISTRATION, TRANSFER, AND OWNERSHIP

-11 Permits to acquire. No person shall acquire the ownership of a firearm, whether usable or unusable, serviceable or unserviceable, modern or antique, registered under prior law or by a prior owner or unregistered, either by purchase, gift, inheritance, bequest, or in any other manner, whether procured in the State or imported by mail, express, freight, or otherwise, until the person has first procured from the chief of police of the county of the person's place of business or, if there is no place of business, the person's residence or, if there is neither place of business nor residence, the person's place of sojourn, a permit to acquire the ownership of a firearm as prescribed in this section.

-12 Acquisition by inheritance. When title to any firearm is acquired by inheritance or bequest, the foregoing permit shall be obtained before taking possession of a firearm; provided that upon presentation of a copy of the death certificate of the owner making the bequest, any heir or legatee may transfer the inherited or bequeathed firearm directly to a dealer licensed by the United States Department of the Treasury without complying with the requirements of this section.

-13 Application for permits to acquire. (a) The permit application form shall include the applicant's name, address, sex, height, weight, date of birth, place of birth, social security number, and information regarding the applicant's mental health and criminal history and shall require the fingerprinting and photographing of the applicant by the police department of the county of application; provided that where fingerprints and photograph are already on file with the department, these may be waived.

(b) An applicant for a permit shall sign a waiver at the time of application, allowing the chief of police of the county issuing the permit access to any records that have a bearing on the mental health and criminal history of the applicant. The permit application form and the waiver form shall be prescribed by the attorney general and shall be uniform throughout the State.

-14 Issuance of permits to acquire. (a) The chief of police of the respective counties may issue permits to acquire firearms to citizens of the United States of the age of twenty-one years or more who are not otherwise disqualified by the provisions of this chapter.

(b) The chief of police of each county may issue permits to:

    1. Duly accredited official representatives of foreign nations, or duly commissioned law enforcement officers of the State who are aliens; provided that any law enforcement officer who is the owner of a firearm and who is an alien shall transfer ownership of the firearm within forty-eight hours after termination of employment from a law enforcement agency;
    2. Aliens of the age of eighteen years or more for use of rifles and shotguns for a period not exceeding sixty days, upon a showing that the alien has first procured a hunting license under chapter 183D, part II; and
    3. Aliens of the age of twenty-one years or more for use of firearms for a period not exceeding six months, upon a showing that the alien is in training for a specific organized sport-shooting contest to be held within the permit period. The attorney general shall adopt rules, pursuant to chapter 91, as to what constitutes sufficient evidence that an alien is in training for a sport-shooting contest.

(c) Notwithstanding any provision of the law to the contrary and upon joint application, the chief of police may issue permits to acquire firearms jointly to spouses who otherwise qualify to obtain permits under this section.

(d) 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.

(e) Except for sales to dealers licensed by the United States Department of the Treasury, or law enforcement officers, or where a license is granted under section -31, or where any firearm is registered pursuant to section -21(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.

-15 Permits to acquire pistol or revolver. (a) Permits issued to acquire any pistol or revolver shall be void unless used within ten days after the date of issue.

(b) Permits to acquire a pistol or revolver require a separate application and permit for each transaction.

(c) In all cases where a pistol or revolver is acquired from another person within the State, the permit shall be signed in ink by the person to whom title to the pistol or revolver is transferred and shall be delivered to the person who is transferring title to the firearm, who shall verify that the person to whom the firearm is to be transferred is the person named in the permit and enter on the permit in the space provided the following information:

(1) Name of the person to whom the title to the firearm was transferred;

(2) Names of the manufacturer and importer;

(3) Model;

(4) Type of action;

(5) Caliber or gauge; and

(6) Serial number as applicable.

(d) The person who is transferring title to the firearm shall sign the permit in ink and cause the permit to be delivered or sent by registered mail to the issuing authority within forty-eight hours after transferring the firearm.

(e) No person shall be issued a permit under this section for the acquisition of a pistol or revolver unless the person, at any time prior to the issuance of the permit, has completed:

(1) An approved hunter education course as authorized under section 183D-28;

(2) A firearms safety or training course or class available to the general public offered by a law enforcement agency of the State or of any county;

(3) A firearms safety or training course offered to law enforcement officers, security guards, investigators, deputy sheriffs, or any division or subdivision of law enforcement or security enforcement by a state or county law enforcement agency; or

(4) A firearms training or safety course or class conducted by a state certified or National Rifle Association certified firearms instructor or a certified military firearms instructor that provides, at a minimum, a total of at least two hours of firing training at a firing range and a total of at least four hours of classroom instruction, which may include a video, that focuses on:

(A) The safe use, handling, and storage of firearms and firearm safety in the home; and

(B) Education on the firearm laws of the State.

An affidavit signed by the certified firearms instructor who conducted or taught the course, providing the name, address, and phone number of the instructor and attesting to the successful completion of the course by the applicant shall constitute evidence of certified successful completion under this paragraph.

-16 Permits to acquire rifle or shotgun. (a) 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 this chapter, or any other state or federal law, and subject to revocation under section -35; 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.

(b) In all cases where a rifle or shotgun is acquired from another person within the State, the person who is transferring title to the rifle or shotgun shall submit, within forty-eight hours after transferring the firearm, to the authority that issued the permit to acquire, the following information, in writing:

(1) Name of the person who transferred the firearm, name of the person to whom the title to the firearm was transferred;

(2) Names of the manufacturer and importer;

(3) Model;

(4) Type of action;

(5) Caliber or gauge;

    1. Serial number as applicable; and
    2. Number of the permit to acquire.

-17 Receipt of firearm by mail. In all cases where receipt of a firearm is had by mail, express, freight, or otherwise from sources without the State, the person to whom the permit has been issued shall make the prescribed entries on the permit, sign the permit in ink, and cause the permit to be delivered or sent by registered mail to the issuing authority within forty-eight hours after taking possession of the firearm.

-18 Transfers of firearms possession controlled by this chapter. No person shall sell, give, lend, or deliver into the possession of another any firearm except in accordance with this chapter.

-19 Fees for permits to acquire. (a) No fee shall be charged for permits, or applications for permits, under this section, except for a single fee chargeable by and payable to the issuing county, for individuals applying for their first permit, in an amount equal to the fee actually charged by the Federal Bureau of Investigation to the issuing police department for a fingerprint check in connection with that application or permit.

(b) In the case of a joint application, the fee provided for in this section may be charged to each person to whom no previous permit has been issued.

-20 Permits for motion picture films or television program production. (a) Upon a finding that public safety is not endangered, the chief of police of the appropriate county may issue permits, initially valid for a period of one year and renewable annually thereafter, for the possession, transportation, or use, with blank cartridges, of firearms or explosives solely as props for motion picture films or television program production upon a showing that good cause exists for the issuance of a permit to the applicant and upon sufficient proof of a federal firearms license and a state film permit required under section 201-3. No permit shall be issued to a person who is under twenty years of age or who is disqualified from owning or possessing a firearm by any provision of this chapter.

(b) Applications for permits shall be in writing, signed by the individual applicant or by a member or officer qualified to sign if the applicant is a firm or corporation, and shall state the name, business in which engaged, business address, and a full description of the use to which the firearms or explosives are to be put, including the names of the persons who will actually use the props. The application shall also require the fingerprinting and photographing of the applicant. Applications and permits shall be uniform throughout the State on forms prescribed by the attorney general.

(c) The attorney general shall establish rules pursuant to chapter 91 concerning security requirements for storing and transporting firearms or explosives for which permits are issued. Permits shall be issued only upon a showing of the applicant's ability to meet these security requirements.

(d) A fee of $50 may be charged for each permit issued under this section.

(e) Every applicant to whom a permit is issued shall keep it on the applicant's person or at the place where the firearms or explosives are stored. The permit, firearms and explosives, shall be available for inspection by any law enforcement officer or any other person designated by the respective chief of police.

(f) Every firearm or explosive for which a permit is issued shall bear a unique identifying number. If the firearm or explosive does not bear a unique identifying number, the chief of police of the appropriate county shall assign a number that shall be stamped or placed thereon.

(g) The chief of police of the respective county shall revoke permits issued under this section any time it appears that the holder of the permit has used the firearms or explosives for purposes other than those allowed by the permit or that the holder of the permit has not exercised great care in retaining custody of any firearms or explosive possessed under the permit.

-21 When registration is mandatory. (a) Every person arriving in the State who brings or by any other manner causes to be brought into the State a firearm of any description, whether usable or unusable, serviceable or unserviceable, modern or antique, shall register the firearm within three days after arrival of the person or of the firearm, whichever arrives later, with the chief of police of the county of the person's place of business or, if there is no place of business, the person's residence or, if there is neither a place of business nor residence, the person's place of sojourn.

(b) A nonresident alien may bring firearms not otherwise prohibited by law into the State for a continuous period not to exceed ninety days; provided that the person meets the registration requirement of this section and the person possesses:

(1) A valid Hawaii hunting license procured under chapter 183D, part II, or a commercial or private shooting preserve permit issued pursuant to section 183D-34;

(2) A written document indicating the person has been invited to the State to shoot on private land; or

(3) Written notification from a firing range or target shooting business indicating that the person will actually engage in target shooting.

The nonresident alien shall be limited to a nontransferable registration of not more than ten firearms for the purpose of the above activities.

-22 Registration procedures. (a) Every person who acquires a firearm pursuant to section -11 shall register the firearm in the manner prescribed by this section within five days of acquisition.

(b) The registration shall be on forms prescribed by the attorney general, which shall be uniform throughout the State, and shall include the following information:

(1) Names of the manufacturer and importer;

(2) Model;

(3) Type of action;

(4) Caliber or gauge;

(5) Serial number; and

(6) Source from which receipt was obtained, including the name and address of the prior registrant.

(c) If the firearm has no serial number, the permit number shall be entered in the space provided for the serial number, and the permit number shall be engraved upon the receiver portion of the firearm prior to registration.

(d) All registration data that would identify the individual registering the firearm by name or address shall be confidential and shall not be disclosed to anyone, except as may be required for processing the registration or as may be required by a law enforcement agency for the lawful performance of its duties or as may be required by this chapter or as may be required by order of a court.

-23 Registration by dealers. Dealers licensed under part III or dealers licensed by the United States Department of the Treasury shall register firearms pursuant to this section on registration forms prescribed by the attorney general and shall not be required to have the firearms physically inspected by the chief of police at the time of registration.

-24 When registration is not mandatory. (a) If acquired pursuant to section -11, registration shall not be required for any device that is designed to fire loose black powder or that is a firearm manufactured before 1899.

(b) Registration shall not be required for any device not designed to fire or made incapable of being readily restored to a firing condition.

(c) Registration shall not be required for unserviceable firearms and destructive devices registered with the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of the Treasury pursuant to Title 27, Code of Federal Regulations.

(d) Registration shall not be required for contact-fire powerheads, commonly referred to as "bang sticks", that are permanently affixed to a shaft not less than twenty-six inches in length.

-25 No fee for registration. No fee shall be charged for the registration mandated by sections -21 and -23.

-26 Confiscation of unregistered firearms. Any person who violates this part by failing to register a firearm shall have the firearm confiscated as contraband and disposed of if the firearm is not registered within five days of the person receiving notice of the violation.

-27 Disclosure for firearm permit and registration purposes. (a) A health care provider or public health authority shall disclose health information, including protected health care information, relating to an individual's mental health history, to the appropriate county chief of police in response to a request for the information from the chief of police, subject to subsections (b) and (c).

(b) The information required by this subsection shall be used only for the purpose of evaluating the individual's fitness to acquire or own a firearm.

(c) The information required by this subsection shall not be disclosed unless the individual has signed a waiver permitting release of the health information for the purpose of evaluating the individual's fitness to acquire or own a firearm.

-28 Possession by licensed hunters and minors; target shooting; game hunting. (a) Any person of the age of sixteen years, or over or any person under the age of sixteen years while accompanied by an adult, may carry and use any lawfully acquired rifle or shotgun and suitable ammunition while actually engaged in hunting or target shooting or while going to and from the place of hunting or target shooting; provided that the person has procured a hunting license under chapter 183D, part II. A hunting license shall not be required for persons engaged in target shooting.

(b) A permit shall not be required when any lawfully acquired firearm is lent to a person, including a minor, upon a target range or similar facility for purposes of target shooting; provided that the period of the loan does not exceed the time in which the person actually engages in target shooting upon the premises.

(c) A person may carry unconcealed and use a lawfully acquired pistol or revolver while actually engaged in hunting game mammals, if that pistol or revolver and its suitable ammunition are acceptable for hunting by rules adopted pursuant to section 183D-3 and if that person is licensed pursuant to part II of chapter 183D. The pistol or revolver shall be transported unloaded and in an enclosed container, as defined in section -1, in the course of going to and from the place of the hunt.

-29 Seizure of firearms upon disqualification. (a) If any applicant is denied a permit, the chiefs of police of the respective counties shall send, by certified mail, a notice setting forth the reasons for the denial and may require that the applicant voluntarily surrender all firearms and ammunition to the chief of police where the applicant resides or dispose of all firearms and ammunition. If an applicant fails to voluntarily surrender or dispose of all firearms and ammunition within thirty days from the date notice was mailed, the chief of police may seize all firearms and ammunition.

(b) Any person disqualified from ownership, possession, or control of firearms and ammunition under this chapter shall voluntarily surrender all firearms and ammunition to the chief of police where the person resides or dispose of all firearms and ammunition. If any person fails to voluntarily surrender or dispose of all firearms and ammunition within thirty days from the date of disqualification, the chief of police may seize all firearms and ammunition.

(c) For the purposes of this section, "dispose" means selling or transferring the firearms to a gun dealer licensed by the United States Department of Treasury, transferring ownership of the firearms to any person who meets the requirements of sections -11 through -19, or surrendering all firearms to the chief of police where the person resides for storage or disposal.

(d) The chief of police of the respective counties shall adopt procedures to implement and administer this section.

-30 Seizure of firearms in crimes of violence and domestic abuse situations, requirements; return of. (a) Any police officer may seize any firearm or ammunition owned or in the possession of a person where:

(1) The officer has reasonable grounds to believe that the person has recently assaulted or threatened to assault a family or household member and the firearm was used or threatened to be used in the commission of the offense; or

(2) The person is being arrested for committing a crime of violence or domestic violence under chapter 586.

The police officer may seize any firearms or ammunition that are in plain view of the officer or were discovered pursuant to a consensual search, as necessary for the protection of the officer or any family or household member. Firearms seized under this section shall be taken to the appropriate county police department for safekeeping or as evidence.

(b) Upon taking possession of a firearm or ammunition, the officer shall give the owner or person who was in lawful possession of the firearm or ammunition a receipt identifying the firearm or ammunition and indicating where the firearm or ammunition can be recovered.

(c) The officer taking possession of the firearm or ammunition shall:

(1) In cases involving domestic abuse, notify the person against whom the alleged assault or threatened assault was inflicted of remedies and services available to victims of domestic violence, including the right to apply for a domestic abuse restraining order; or

(2) In cases involving crimes of violence, notify alleged victims of remedies available to victims of crimes of violence, including the right to apply for applicable restraining orders.

(d) The firearm or ammunition shall be made available to the owner or person who was in lawful possession of the firearm or ammunition fourteen working days after the person requests for its return when:

(1) The firearm or ammunition is not retained for use as evidence;

(2) The firearm or ammunition is not retained because it is possessed illegally;

(3) The owner or person who has lawful possession of the firearm or ammunition is not restrained by an order of any court from possessing a firearm or ammunition;

(4) No criminal charges are pending against the owner or person who has lawful possession of the firearm or ammunition when a restraining order has already issued; and

(5) The owner or person is not prohibited from legally possessing a firearm by sections 61 to -63.

(e) If the owner or person who has lawful possession of the firearm or ammunition does not claim the firearm or ammunition within forty-five days, the police department may destroy the firearm or ammunition.

-31 Licenses to carry. (a) In an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property, the chief of police of the appropriate county 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 on the person within the county where the license is granted.

(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, and is not prohibited under this chapter, or any other state or federal law, 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) Unless renewed, the license shall expire one year from the date of issue.

(d) The chief of police of each county shall adopt procedures to require that any person granted a license to carry a concealed weapon on the person shall:

(1) Be qualified to use the firearm in a safe manner;

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

(3) Not be prohibited under this chapter, or any other state or federal law, from the ownership or possession of a firearm or ammunition; and

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

(e) A fee of $10 shall be charged for each license and shall be deposited in the treasury of the county in which the license is granted.

-32 Storage of firearm; responsibility with respect to minors. (a) No person shall store or keep any firearm on any premises under the person's control if the person knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor, unless the person:

(1) Keeps the firearm locked in a commercially manufactured gun rack or firearm safe or equivalent that will maintain security of the firearm and cannot be readily removed from the premises; or

(2) Carries the firearm on the person or within such close proximity thereto that the person readily can retrieve and use it as if it were carried on the person.

(b) For purposes of this section, "minor" means any person under the age of sixteen years.

-33 Exemptions. (a) Sections -31, -51 to    -53, -56 to -58, and -65 to -69, shall not apply:

(1) To law enforcement officers of this State; provided that those persons are not convicted of an offense involving abuse of a family or household member under section 709-906;

(2) To members of the armed forces of the State and of the United States and mail carriers while in the performance of their respective duties if those duties require them to be armed;

(3) To regularly enrolled members of any organization duly authorized to purchase or receive the weapons from the United States or from the State, provided the members are either at, or going to or from, their places of assembly or target practice;

(4) To persons employed by the State, or subdivisions thereof, or the United States while in the performance of their respective duties or while going to and from their respective places of duty if those duties require them to be armed;

(5) To aliens employed by the State, or subdivisions thereof, or the United States while in the performance of their respective duties or while going to and from their respective places of duty if those duties require them to be armed; or

(6) To law enforcement officers on official assignment in Hawaii from any state which by compact permits law enforcement officers from Hawaii while on official assignment in that state to carry firearms without registration. The governor of the State or the governor's duly authorized representative may enter into compacts with other states to carry out this paragraph.

(b) Sections -11 and -21 shall not apply to those firearms or ammunition that are a part of the official equipment of any federal agency or any law enforcement agency of this State.

(c) Sections -31, -51 to    -53, -56 to -58, and -65 to -67 shall not apply to the possession, transportation, or use, with blank cartridges, of any firearm or explosive solely as props for motion picture film or television program production when authorized by the chief of police of the appropriate county pursuant to section -20 and not in violation of federal law.

-34 Forfeiture of firearms, ammunition, deadly or dangerous weapons, and switchblade knives; when. All firearms, ammunition, deadly or dangerous weapons, and switchblade knives possessed or used in violation of this chapter or the Hawaii penal code shall be forfeited to the State according to chapter 712A and shall be destroyed or, if not destroyed, transferred to the chief of police of the county in which the violation took place for use by and under control of the police department.

-35 Revocation of permits. All permits and licenses provided for under this part may be revoked, for good cause, by the issuing authority or by the judge of any court.

-36 Report. Within ten days after the last day of each month, each of the authorities authorized in this chapter to issue or revoke permits and licenses shall make a report to the department of the attorney general of all permits and licenses issued or revoked by the authority as of the last day of the preceding month. The report shall be in the manner and form as the attorney general may prescribe.

-37 Qualified immunity for physicians, psychologists, or psychiatrists who provide information on permit applicants. (a) There shall be no civil liability for any physician, psychologist, or psychiatrist who provides information or renders an opinion on the mental health of an applicant for a firearm permit, the holder of a valid firearm permit, or the possessor of a firearm under the circumstances listed in subsection (b).

(b) A physician, psychologist, or psychiatrist is entitled to the qualified immunity of subsection (a) if the physician, psychologist, or psychiatrist is acting without malice and the information or opinion is provided:

(1) In response to an inquiry made for the purposes of issuing a firearm permit under -11;

(2) For purposes of investigating the continuing mental health of the holder of a valid firearm permit; or

(3) Pursuant to section -62.

PART III. FIREARMS, DEALERS' LICENSES

-41 License to sell and manufacture firearms; fee. Any person desiring to engage in the business to sell and manufacture firearms for sale in the State either at wholesale or retail, shall annually file an application for a license with the director of finance of each county of the State. The annual fee for the issuance of such license shall be $10 and shall be payable to the director of finance. A license issued hereunder shall expire on June 30 next following the date of issuance of the license unless sooner terminated. Application for renewal of license shall be filed on or before June 30 of each year.

-42 License to sell and manufacture firearms; conditions. (a) Every license issued pursuant to this part shall be issued and shall be regarded as having been accepted by the licensee subject to the following conditions:

(1) That the licensee at all times shall comply with all provisions of law relative to the sale of firearms;

(2) That the license during any time of national emergency or crisis, as defined in section -43, may be canceled or suspended;

(3) That all firearms in the possession and control of any licensee at any time of national emergency or crisis, as defined in section -43, may be seized and held in possession or purchased by or on the order of the governor until such time as the national emergency or crisis has passed, or until such time as the licensee and the government of the United States or the government of the State may agree upon some other disposition of the same;

(4) That all firearms in the possession and control of the licensee or registered pursuant to section -23 by the licensee shall be subject to physical inspection by the chief of police of each county during normal business hours at the licensee's place of business; and

(5) That the license may be revoked for a violation of any of the conditions of this section.

(b) Any person who manufactures or sells any firearms within the State without having a valid license so to do, or who being a holder of a license violates any of the terms or conditions of the same, shall be fined not less than $100 nor more than $1,000 or imprisoned not less than three months nor more than one year.

-43 National emergency, when. A national emergency or crisis shall be deemed to have arisen when the governor and the senior United States military commander headquartered in the State or, in the absence of the commander, a duly designated representative have, in the exercise of their discretion, so determined.

PART IV. FIREARMS RELATED OFFENSES

-51 Possession or acquisition of a firearm without a permit to acquire. (a) A person commits the offense of possession or acquisition of a firearm without a permit to acquire if the person possesses or acquires a firearm without first having obtained a valid permit to acquire issued pursuant to section -11.

(b) Possession or acquisition of a firearm without a permit to acquire is a misdemeanor.

-52 Failure to register firearm. (a) A person commits the offense of failure to register firearm if the person is required by section -14 to register a firearm and fails to register the firearm according to section -14.

(b) Failure to register firearm is a petty misdemeanor.

-53 Unlawfully carrying a pistol or revolver. (a) A person commits the offense of unlawfully carrying a pistol or revolver if the person knowingly carries on their person, concealed or unconcealed, a pistol or revolver, unless:

(1) The person is licensed to do so under section -31, based on truthful information provided in an application for a license to carry made pursuant to section -31; or

(2) The person is carrying the pistol or revolver in compliance with section -28 or -57(b).

(b) Unlawfully carrying a pistol or revolver is a class B felony.

-54 Carrying or use of firearm in the commission of a separate felony. (a) A person commits the offense of carrying or use of firearm in the commission of a separate felony if the person knowingly carries on the person or has within the person's immediate control or intentionally uses or threatens to use a firearm while engaged in the commission of a separate felony, whether the firearm was loaded or not, and whether operable or not; provided that a person shall not be prosecuted under this subsection where the separate felony is:

(1) A felony offense otherwise defined by this chapter;

(2) The felony offense of reckless endangering in the first degree under section 707-713;

(3) The felony offense of terroristic threatening in the first degree under sections 707-716(1)(a), 707-716(1)(b), and 707-716(1)(d); or

(4) The felony offenses of criminal property damage in the first degree under section 708-820 and criminal property damage in the second degree under section 708-821 and the firearm is the instrument or means by which the property damage is caused.

(b) Carrying or use of firearm in the commission of a separate felony is a class A felony.

-55 Possession of a firearm with the intent to facilitate the commission of a felony offense involving the distribution of a controlled substance. (a) A person commits the offense of possession of a firearm with the intent to facilitate the commission of a felony offense involving the distribution of a controlled substance if the person knowingly possesses a firearm with the intent to facilitate the commission of a felony offense involving the distribution of a controlled substance.

(b) It is not a defense that the firearm was unloaded and it is not a defense that the firearm was not operable.

(c) Possession of a firearm with the intent to facilitate the commission of a felony offense involving the distribution of a controlled substance is a class A felony.

-56 Possession of ammunition not in an enclosed container. (a) A person commits the offense of possession of ammunition not in an enclosed container if the person possesses ammunition and the ammunition is not in an enclosed container.

(b) Possession of ammunition not in an enclosed container is a misdemeanor.

-57 Possession or storage of a firearm or ammunition in an unlawful place. (a) A person commits the offense of possession or storage of a firearm in an unlawful place if the person possesses or stores a firearm or ammunition in a place that is not the possessor's place of business, residence, or sojourn unless the place of possession or storage is authorized in subsection (b), in section -28, or in section -31.

(b) It shall be lawful to carry unloaded firearms or ammunition or both in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

(1) A place of repair;

(2) A target range;

(3) A licensed dealer's place of business;

(4) An organized, scheduled firearms show or exhibit;

(5) A place of formal hunter or firearm use training or instruction; or

(6) A police station.

(c) Possession or storage of a firearm in an unlawful place is a class C felony if the firearm in question was unloaded at the time of the offense and was not a pistol or revolver.

(d) Possession or storage of a firearm in an unlawful place is a class B felony if the firearm was loaded at the time of the offense or if the firearm was a pistol or revolver.

-58 Possession on a public highway of a firearm loaded with ammunition. (a) A person commits the offense of possession on a public highway of a firearm loaded with ammunition if the person is on a public highway and carries on their person, possesses, or carries in a vehicle any firearm loaded with ammunition except as provided by subsection (b).

(b) This section shall not apply to any person who has in the person's possession or carries a pistol or revolver and ammunition therefore in accordance with a license issued as provided in section -31.

(c) Possession on a public highway of a firearm loaded with ammunition is a class B felony.

-59 Special provisions for convictions and sentencing under sections -54 and -55. A conviction and sentence under sections -54 and -55 shall be in addition to and not in lieu of any conviction and sentence for the separate felony; provided that the sentence imposed under sections -54 and    -55 may run concurrently or consecutively with the sentence for the separate felony.

-60 Forfeiture of vehicle. Any vehicle used in the commission of an offense under section -58 shall be forfeited to the State, subject to the notice and hearing requirements of chapter 712A.

-61 Felon in possession of a firearm or ammunition. (a) A person commits the offense of felon in possession of a firearm or ammunition if the person knowingly owns, possesses, or controls any firearm or ammunition after the person has been convicted in this State or elsewhere of having committed a felony.

(b) Felon in possession of a firearm or ammunition is a class B felony.

-62 Prohibited possession of a firearm or ammunition. (a) A person commits the offense of prohibited possession of a firearm or ammunition if the person knowingly owns, possesses, or controls any firearm or ammunition when:

    1. The person is under indictment for, or has waived indictment for, or has been bound over to the circuit court for a felony,
    2. The person has been convicted in this State or elsewhere of having committed any crime of violence, or an illegal sale of any drug;
    3. (3) The person is or has been under treatment or counseling for addiction to, abuse of, or dependence upon any dangerous, harmful, or detrimental drug, intoxicating compound as defined in section 712-1240, or intoxicating liquor;

      (4) The person has been acquitted of a crime on the grounds of mental disease, disorder, or defect pursuant to section 704-411;

      (5) The person is or has been diagnosed as having a significant behavioral, emotional, or mental disorders as defined by the most current diagnostic manual of the American Psychiatric Association or for treatment for organic brain syndromes;

      (6) The person 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;

      (7) The person is a minor who:

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

      (B) Is a fugitive from justice; or

      (C) 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.

      (b) It is a defense to subsection (a)(3), (a)(4), (a)(5), (a)(7)(A), and (a)(7)(C), that the person has been medically documented to be no longer adversely affected by the addiction, abuse, dependence, mental disease, disorder, or defect at issue.

      (c) Any physician, psychologist, or psychiatrist who provides diagnostic, treatment, or counseling services to individuals as described in subsection (a) shall immediately notify the chief of police of those individuals under their care.

      (d) Any physician, psychologist, or psychiatrist who notifies the chief of police pursuant to this section shall be immune from civil liability pursuant to section -37.

      (e) Upon notification, the appropriate county police shall seize all firearms and ammunition in the manner prescribed in section -29 in the possession of such individuals for the duration of treatment and care.

      (f) 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 and mental health records available to law enforcement officials.

      (g) Any person disqualified from ownership, possession, or control of firearms and ammunition under this section shall surrender or dispose of all firearms and ammunition in compliance with section -29.

      (h) Prohibited possession of a firearm or ammunition is a class C felony.

      -63 Possession of a firearm or ammunition in violation of a restraining order. (a) A person commits the offense of possession of a firearm or ammunition in violation of a restraining order if the person while restrained pursuant to an order of any court, including an ex parte order as provided in this subsection, from contacting, threatening, or physically abusing any person, possesses or controls any firearm or ammunition, so long as the protective order or any extension is in effect.

      (b) Possession of a firearm or ammunition in violation of a restraining order is a class C felony.

      (c) A person is not guilty of violating this section if the restraining order or order of protection, for good cause shown, specifically permits the possession of a firearm and ammunition.

      (d) A person is not guilty of violating this section if the restraining order or order of protection does not specifically include a statement that possession or control 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.

      (e) In the case of an ex parte order, the affidavit or statement under oath that forms the basis for the order shall contain a statement of the facts that support a finding that the person to be restrained owns, intends to obtain, or possesses a firearm, and that the firearm may be used to threaten, injure, or abuse any person. The ex parte order shall be effective upon service pursuant to section 586-6.

      (f) At the time of service of a restraining order involving firearms and ammunition issued by any court, the 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. Upon service of the order, the police officer may lawfully search the residence, place of employment, and vehicles of the person being restrained. The restraining order or order of protection shall specifically outline the authority and location of the search.

      (g) 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 class C felony.

      (h) Whenever 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.

      (i) 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, including an ex parte order as provided for in this subsection, is required to possess or carry firearms or ammunition during the course of their 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.

      -64 Separate convictions permitted. Nothing in this chapter shall prohibit the separate convictions and sentences for the ownership, possession, or control of each firearm and each type of ammunition owned, possessed, or controlled by the defendant even if the violation of this section involves ammunition loaded in a firearm.

      -65 Possession of a prohibited firearm, prohibited device or explosive device. (a) A person commits the offense of possession of a prohibited firearm, prohibited device, or explosive device if the person manufactures, possesses, sells, barters, trades, gives, transfers, or acquires any of the following:

      (1) Assault pistols, unless the assault pistol is registered within the state and the manufacture, possession, sale, barter, trade, gift, transfer, or acquisition is:

      (A) To a dealer licensed by the United States Department of Treasury or the chief of police of any county; or

      (B) To a person who obtains an assault pistol by bequest or intestate succession and, within ninety days, renders the weapon permanently inoperable, sells or transfers the weapon to a dealer licensed by the United States Department of Treasury or the chief of police of any county, or removes the weapon from the State;

      (2) Automatic firearms;

      (3) Rifles with barrel lengths less than sixteen inches;

      (4) Shotguns with barrel lengths less than eighteen inches;

      (5) Any improvised device designed or intended to be used as a firearm;

      (6) Cannons;

      (7) Mufflers, silencers, or devices for deadening or muffling the sound of discharged firearms;

      (8) Hand grenades, dynamite, blasting caps, bombs, or bombshells, or other explosives; or

      (9) 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) Possession of a prohibited firearm, prohibited device, or explosive device is a class C felony and shall be imprisoned for a term of five years without probation.

      -66 Possession of a prohibited ammunition magazine. (a) A person commits the offense of possession of a prohibited ammunition magazine if the person manufactures, possesses, sells, barters, trades, gives, transfers, or acquires a detachable ammunition magazine with a capacity in the excess of ten rounds which are designed for or capable of use with a pistol.

      (b) This section 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.

      (c) Possession of a prohibited ammunition magazine is a misdemeanor.

      -67 Possession of a pistol loaded with a prohibited ammunition magazine. (a) A person commits the offense of possession of a pistol loaded with a prohibited ammunition magazine if the person manufactures, possesses, sells, barters, trades, gives, transfers, or acquires a detachable ammunition magazine with a capacity in the excess of ten rounds which are designed for or capable of use with a pistol.

      (b) This section 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.

      (c) Possession of a pistol loaded with a prohibited ammunition magazine is a class C felony.

      -68 Unlawful conversion of a firearm. (a) A person commits the offense of conversion of a firearm if the person installs, removes, or alters a firearm part with the intent to convert the firearm to an automatic firearm.

      (b) A 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 -65.

      (c) Unlawful conversion of a firearm is a class C felony and shall be imprisoned for a term of five years without probation.

      -69 Ownership or possession of prohibited body armor. (a) A person commits the offense of ownership or possession of prohibited body armor if the person owns or possesses body armor and:

      (1) The person is a fugitive from justice;

      (2) The person 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;

      (3) The person is or has been under treatment for addiction to any dangerous, harmful, or detrimental drug, intoxicating compound as defined in section 712-1240, or intoxicating liquor;

      (4) The person has been acquitted of a crime on the grounds of mental disease, disorder, or defect pursuant to section 704-411;

      (5) The person is or has been under treatment for significant behavioral, emotional, or mental disorders as defined by the most current diagnostic manual of the American Psychiatric Association or for treatment for organic brain syndromes;

      (6) The person 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; or

      (7) The person is a minor who:

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

      (B) Is a fugitive from justice; or

      (C) 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.

      (b) It is a defense to subsection (a)(3), (a)(4), (a)(5), (a)(7)(A), and (a)(7)(C), that the person has been medically documented to be no longer adversely affected by the addiction, mental disease, disorder, or defect at issue.

      (c) For 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 and mental health records available to law enforcement officials.

      (d) Any person disqualified from ownership, possession, or control of body armor by this chapter shall relinquish that body armor to the chief of police within fourteen days.

      (e) Any person who is otherwise prohibited from possessing body armor under this section may request, as provided in subsection (f), a complete or partial exemption from the prohibition if:

      (1) The person has a reasonable need to possess body armor to ensure the person's personal safety, to earn a livelihood, or as a condition of employment; and

      (2) The person is likely to use the body armor in a safe and lawful manner.

      (f) Any person seeking a complete or partial exemption under this section shall submit an application to the chief of police of the appropriate county. The chief of police may deny the request for an exemption, grant a complete exemption from the prohibition, or grant a partial exemption by allowing possession of body armor only under certain specified circumstances or in certain locations or both. In deciding whether to grant an exemption, the chief of police shall consider the person's character, including the person's criminal record, the totality of the person's circumstances, and any other relevant information. If the chief of police grants a request for exemption, a written exemption will be provided. The exemption is only valid in the county in which the chief of police is located. If the exemption is a partial exemption, the written exemption shall specify the circumstances under which the person may possess the body armor, the locations in which the person may possess body armor, or, if applicable, both. The person granted the exemption shall carry a copy of the order of exemption at all times during which the person is in possession of body armor.

      (g) Any person who is prohibited from possessing body armor under this section may wear body armor if the person is in the actual custody of a law enforcement or correctional officer, and is wearing the body armor at the request or direction of the law enforcement or correctional officer.

      (h) For the purposes of this section, "body armor" means any garment that is designed, redesigned, or adapted to prevent bullets from penetrating through the garment.

      (i) Ownership or possession of prohibited body armor is a class C felony.

      -70 Providing false information related to firearms. (a) A person commits the offense of providing false information related to firearms if the person gives false information or offers false evidence of the person's identity in complying with any of the requirements of this chapter.

      (b) Providing false information related to firearms is a misdemeanor except as provided by subsection (c).

      (c) Providing false information related to firearms is a class C felony if the person intentionally gives false information or offers false evidence concerning their psychiatric or criminal history in complying with any of the requirements of this chapter.

      -71 Providing false psychiatric or criminal history information related to firearms. (a) A person commits the offense of providing false psychiatric or criminal history information related to firearms if the person intentionally gives false information or offers false evidence concerning their psychiatric or criminal history in complying with any of the requirements of this chapter.

      (b) Providing false psychiatric or criminal history information related to firearms is a class C felony.

      -72 Illegal transfer or possession of a firearm. (a) A person commits the offense of illegal transfer or possession of a firearm if the person knowingly:

      (1) Transfers any firearm, whether usable or unusable, serviceable or unserviceable, modern or antique, registered under prior law or by a prior owner to a person under the age of eighteen years, except as provided by section -28;

      (2) Possesses a 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 -28;

      (3) Lends a firearm to another person in reckless disregard of the risk that the other person is prohibited from ownership or possession of a firearm under this chapter, or any other state or federal law;

      (4) Brings, sells, or transfers an assault pistol that is not subject to the provisions of paragraph (5), to anyone within the State other than to a dealer licensed by the United States Department of Treasury or the chief of police of any county; or

      (5) Obtains title by bequest or intestate succession to an assault pistol registered within the State and does not, within ninety days, render the weapon permanently inoperable, sell or transfer the weapon to a dealer licensed by the United States Department of Treasury or the chief of police of any county, or remove the weapon from the State.

      (b) 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.

      (c) Illegal transfer or possession of a firearm is a misdemeanor.

      -73 Unlawful possession, sale, gift, or delivery of an electric gun. (a) A person commits the offense of unlawful possession, sale, gift, or delivery of an electric gun if the person, including a licensed manufacturer, licensed importer, or licensed dealer, possesses, offers for sale, holds for sale, sells, gives, lends, or delivers any electric gun.

      (b) Any electric gun in violation of subsection (a) shall be confiscated and disposed of by the chief of police.

      (c) This section shall not apply to law enforcement officers of county police and sheriff departments of this State while in the performance of their respective duties, or to vendors providing electric guns to those entities; provided that electric guns shall at all times remain in the custody and control of the county police or sheriff departments.

      (d) The county police and sheriff departments of this State shall maintain records regarding every electric gun in their custody and control. The records shall report every instance of usage of the electric guns; in particular, records shall be maintained in a similar manner as for those of discharging of firearms. The county police and sheriff departments shall annually report to the legislature regarding these records twenty days before the beginning of each session.

      (e) Unlawful possession, sale, gift, or delivery of an electric gun is a misdemeanor.

      -74 Unlawful alteration of identification marks on firearm or ammunition. (a) A person commits the offense of unlawful alteration of identification marks on firearm or ammunition if the person knowingly alters, removes, or obliterates the name of the make, model, manufacturer's number, or other mark of identity of any firearm or ammunition.

      (b) Possession of a firearm or ammunition upon which any mark of identity has been altered, removed, or obliterated shall be prima facie evidence that the possessor has altered, removed, or obliterated the mark of identity.

      (c) Unlawful alteration of identification marks on firearm or ammunition is a misdemeanor.

      -75 Possession of pistol or revolver made of unlawful material. (a) A person commits the offense of possession of pistol or revolver made of unlawful material if the person, including a licensed manufacturer, licensed importer, or licensed dealer, possesses, sells, or delivers any pistol or revolver the frame or receiver of which is a die casting of zinc alloy that has a melting temperature of less than eight hundred degrees Fahrenheit.

      (b) This section shall not apply to any pistol or revolver duly registered prior to July 1, 1975, or to any antique pistol or revolver.

      (c) Possession of pistol or revolver made of unlawful material is a misdemeanor.

      PART V. DANGEROUS WEAPONS

      -81 Carrying a deadly weapon. (a) A person commits the offense of carrying a deadly weapon if the person is found armed with, or carries concealed upon the person's self or within any vehicle used or occupied by the person:

      (1) A dirk or dagger;

      (2) A blackjack, slug shot, billy, baton, or metal knuckles; or

      (3) Any other deadly weapon.

      (b) Any person carrying or possessing a weapon enumerated in subsection (a) may be immediately arrested without warrant by any law enforcement officer.

      (c) Upon conviction under this section, any weapon seized as evidence in the case may be summarily destroyed by the chief of police or sheriff.

      (d) This section shall not apply to any law enforcement officer or and shall not apply to any correctional officer serving in an institution under the authority of the department of public safety who is authorized to carry, possess, or be armed with a baton or billy within the scope of their official duties.

      (e) Carrying a deadly weapon is a misdemeanor.

      -82 Carrying or use of a deadly weapon in the commission of a crime. (a) A person commits the offense of carrying or use of a deadly weapon in the commission of a crime if the person, while engaged in the commission of a crime, uses or threatens to use:

      (1) A dirk or dagger;

      (2) A blackjack, slug shot, billy, baton, or metal knuckles; or

      (3) Any other deadly weapon.

      (b) Any person carrying or possessing a weapon enumerated in subsection (a) may be immediately arrested without warrant by any law enforcement officer.

      (c) Upon conviction under this section, any weapon seized as evidence in the case may be summarily destroyed by the chief of police or sheriff.

      (d) Carrying or use of a deadly weapon in the commission of a crime is a class C felony.

      -83 Unlawful act involving a switchblade knife. (a) A person commits the offense of unlawful act involving a switchblade knife if the person knowingly manufactures, sells, transfers, possesses, or transports in the State any switchblade knife.

      (b) For the purposes of this section, "switchblade knife" means any knife having a blade that opens automatically by:

      (1) Hand pressure applied to a button or other device in the handle of the knife; or

      (2) Operation of inertia, gravity, or both.

      (c) Unlawful act involving a switchblade knife is a misdemeanor except as provided by subsection (d).

      (d) Unlawful act involving a switchblade knife is a class C felony if the person knowingly possesses or intentionally uses or threatens to use a switchblade knife while engaged in the commission of a crime.

      -84 Unlawful act involving a butterfly knife. (a) A person commits the offense of unlawful act involving a butterfly knife if the person knowingly manufactures, sells, transfers, possesses, or transports in the State any butterfly knife.

      (b) For the purposes of this section, "butterfly knife" means a knife having a blade encased in a split handle that manually unfolds with hand or wrist action with the assistance of inertia, gravity, or both.

      (c) Unlawful act involving a butterfly knife is a misdemeanor except as provided by subsection (d).

      (d) Unlawful act involving a butterfly knife is a class C felony if the person knowingly possesses or intentionally uses or threatens to use a butterfly knife while engaged in the commission of a crime.

      PART VI. SCHOOL RELATED FIREARMS OFFENSES

      -91 Carrying or using a firearm in the commission of a separate felony in a school zone, at a school sponsored function, or on a school vehicle. (a) A person commits the offense of carrying or using a firearm in the commission of a separate felony in a school zone, at a school sponsored function, or on a school vehicle if, while engaged in the commission of a separate felony, other than a felony listed in subsection (c), in a place that the person knows, or reasonably should know is a school zone, a school sponsored function, or a school vehicle, the person knowingly:

      (1) Carries a firearm on the person;

      (2) Has a firearm within the person's immediate control;

      (3) Uses a firearm; or

      (4) Threatens to use a firearm.

      (b) It is not a defense that the firearm was not loaded and it is not a defense that the firearm was not operable.

      (c) A person shall not be prosecuted under this section where the separate felony is:

      (1) A felony offense otherwise defined by this chapter;

      (2) The felony offense of reckless endangering in the first degree under section 707-713;

      (3) The felony offense of terroristic threatening in the first degree under sections 707-716(1)(a), 707-716(1)(b); and 707-716(1)(d); or

      (4) The felony offense of criminal property damage in the first degree under section 708-820 and criminal property damage in the second degree under section 708-821 and the firearm is the instrument or means by which the property damage is caused.

      (d) Carrying or using of a firearm in the commission of a separate felony in a school zone, at a school sponsored function, or on a school vehicle is a class A felony. In addition to the indeterminate term of imprisonment, a person convicted under this section shall be sentenced to be sentenced to a ten year mandatory minimum term of imprisonment without the possibility of parole or probation. A conviction and sentence under this subsection shall be in addition to and not in lieu of any conviction and sentence for any separate felony.

      -92 Carrying or using a firearm in a school zone, at a school sponsored function, or on a school vehicle. (a) Except as provided in subsection (b), a person commits the offense of carrying or using a firearm in a school zone, at a school sponsored function, or on a school vehicle if, in a place that the person knows, or reasonably should know is a school zone, a school sponsored function, or a school vehicle, the person knowingly:

      (1) Carries a firearm on the person;

      (2) Has a firearm within the person's immediate control;

      (3) Uses a firearm; or

      (4) Threatens to use a firearm.

      (b) It is not a violation of this section for a person to possess or use a firearm with the written permission of the school district superintendent, the school district superintendent's designee, or equivalent school authority.

      (c) It is not a defense that the firearm was not loaded and it is not a defense that the firearm was not operable.

      (d) Carrying or using a firearm in a school zone, at a school sponsored function, or on a school vehicle is a class B felony. In addition to the indeterminate term of imprisonment, a person convicted under this section shall be sentenced to a five year mandatory minimum term of imprisonment without the possibility of parole or probation.

      -93 Reckless discharge of a firearm in a school zone, at a school sponsored function, or towards a school vehicle. (a) A person commits the offense of reckless discharge of a firearm in a school zone, at a school sponsored function, or towards a school vehicle if the person, with reckless disregard for the safety of another, discharges or attempts to discharge, a firearm in a school zone, at a school sponsored function, or on or towards a school vehicle.

      (b) Reckless discharge of a firearm in a school zone, at a school sponsored function, or towards a school vehicle is a class C felony. In addition to the indeterminate term of imprisonment, a person convicted under this section shall be sentenced to a mandatory minimum term of imprisonment of three years without the possibility of parole or probation.

      -94 Exceptions and defenses. (a) This part does not apply to:

      (1) Law enforcement officers or campus security officers acting in the scope of their employment;

      (2) Existing shooting ranges in a school zone;

      (3) Organized sport shooting events;

      (4) Authorized firearms training courses;

      (5) Otherwise lawful possession or transportation of firearms in accordance with state law;

      (6) The possession of a firearm in a school zone if it is within a place of residence or place of business or on private property, and the possession of the firearm is otherwise lawful.

      (b) It shall be no defense to a prosecution for a violation of this part that:

      (1) School was or was not in session at the time of the offense;

      (2) The school was being used for other purposes besides school purposes at the time of the offense; or

    4. Lack of knowledge that the prohibited act occurred in a school zone."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. Chapter 134, Hawaii Revised Statutes, is repealed.

SECTION 4. This Act shall take effect on July 1, 2005.

INTRODUCED BY:

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