HOUSE OF REPRESENTATIVES

H.B. NO.

425

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to firearms.

 

 

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

 


SECTION 1. Section 134-5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(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 may be transported [in an enclosed container, as defined in] in a manner provided by section 134-25 in the course of going to and from the place of the hunt, notwithstanding section 134-26."

SECTION 2. Section 134-23, Hawaii Revised Statutes, is amended to read as follows:

"[[]134-23[]] Place to keep loaded firearms other than pistols and revolvers; penalty. (a) Except as provided in section 134-5, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that, except as required by subsection (b), it shall be lawful to carry unloaded firearms 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.

(b) If any person is carrying an unloaded firearm between the places allowed by subsection (a) in a motor vehicle, the firearm shall be located so as not to be readily or directly accessible from the passenger compartment of the vehicle or, if the firearm is being carried in a motor vehicle that does not have a compartment separate from the passenger compartment, the firearm shall be kept in an enclosed container that is locked, other than the glove compartment or console, and not in plain view.

(c) As used in this section:

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

"Passenger compartment" means the area of a motor vehicle designed and intended for the seating of the driver and passengers.

[(b)] (d) Any person violating this section by carrying or possessing a loaded firearm other than a pistol or revolver shall be guilty of a class B felony."

SECTION 3. Section 134-24, Hawaii Revised Statutes, is amended to read as follows:

"[[]134-24[]] Place to keep unloaded firearms other than pistols and revolvers; penalty. (a) Except as provided in section 134-5, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that, except as required by subsection (b), it shall be lawful to carry unloaded firearms 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.

(b) If any person is carrying an unloaded firearm between the places allowed by subsection (a) in a motor vehicle, the firearm shall be located so as not to be readily or directly accessible from the passenger compartment of the vehicle or, if the firearm is being carried in a motor vehicle that does not have a compartment separate from the passenger compartment, the firearm shall be kept in an enclosed container that is locked, other than the glove compartment or console, and not in plain view.

(c) As used in this section:

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

"Passenger compartment" means the area of a motor vehicle designed and intended for the seating of the driver and passengers.

[(b)] (d) Any person violating this section by carrying or possessing an unloaded firearm other than a pistol or revolver shall be guilty of a class C felony."

SECTION 4. Section 134-25, Hawaii Revised Statutes, is amended to read as follows:

"[[]134-25[]] Place to keep pistol or revolver; penalty. (a) Except as provided in sections 134-5 and 134-9, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that, except as required by subsection (b), it shall be lawful to carry unloaded firearms 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.

(b) If any person is carrying an unloaded firearm between the places allowed by subsection (a) in a motor vehicle, the firearm shall be located so as not to be readily or directly accessible from the passenger compartment of the vehicle or, if the firearm is being carried in a motor vehicle that does not have a compartment separate from the passenger compartment, the firearm shall be kept in an enclosed container that is locked, other than the glove compartment or console, and not in plain view.

(c) As used in this section:

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

"Passenger compartment" means the area of a motor vehicle designed and intended for the seating of the driver and passengers.

[(b)] (d) Any person violating this section by carrying or possessing a loaded or unloaded pistol or revolver shall be guilty of a class B felony."

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Firearms; Place to Keep; Motor Vehicles

 

Description:

Requires any person carrying an unloaded firearm in a motor vehicle to locate the firearm so as not to be readily or directly accessible from the passenger compartment of the vehicle or, if the firearm is being carried in a motor vehicle that does not have a compartment separate from the passenger compartment, to keep the firearm in an enclosed container that is locked, other than the glove compartment or console, and not in plain view.

 

 

 

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