THE SENATE

S.B. NO.

1230

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. Chapter 134, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"134-A Prohibition against carrying a firearm in a sensitive location; penalty. (a) Subject to the exceptions stated in subsections (b) through (e), a person granted a license to carry a concealed firearm under section 134-9 shall not knowingly carry a firearm on or into a sensitive location.

(b) Subsection (a) shall not apply to the following individuals:

(1) Persons exempted from section 134-9 under section 134-11; and

(2) Detectives, private detectives, investigators, or guards authorized by the county chief of police to carry a firearm in a particular sensitive location while on duty in that sensitive location.

(c) Notwithstanding subsection (a), a licensee may:

(1) Transport a concealed firearm within their vehicle or on public transit; provided that the firearm is unloaded and in a locked container, as defined in section 134-25;

(2) Transport a concealed firearm within a vehicle into or out of a parking area in a location covered under subsection (a); provided that the firearm is locked in a locked container, as defined in section 134-25; and

(3) Transport a concealed firearm in the immediate area surrounding their vehicle within a prohibited parking lot area only for the purpose of storing or retrieving a firearm within a locked container in the vehicle's trunk or other place inside the vehicle that is out of plain view.

(d) Except in the sensitive locations specified in paragraphs (1) and (2) of subsection (h), a licensee shall not be in violation of this section while they are traveling along a public right-of-way that touches or crosses any of the sensitive locations identified in subsection (h) if the concealed firearm is carried on their person or is being transported in a vehicle by the licensee in accordance with all other applicable laws; provided that nothing in this exception shall allow a licensee to loiter or remain in a sensitive location identified in this subsection longer than necessary to complete their travel.

(e) This section shall not apply to a licensee who must walk through a public gathering or special event in order to access their residence, place of business, or vehicle while the licensee is in the act of walking through the gathering or event to access their residence, place of business, or vehicle; provided further that nothing in this exception shall allow a licensee to loiter or remain in a place identified in this subsection longer than necessary to complete their travel.

(f) Nothing in this section shall prohibit the carrying of a firearm where it otherwise expressly authorized by state law.

(g) Any person violating subsection (a) shall be guilty of a misdemeanor, subject to revocation of their license to carry a concealed firearm under section 134-13, and disqualified from renewing their license to carry a concealed firearm under section 134-9.

(h) For the purposes of this section, "sensitive location" means:

(1) Schools, as defined in section 302A-901;

(2) A college, university, or other educational institution, or on any school bus;

(3) Child care facilities, as defined in section 346-151;

(4) Nursery schools or pre schools, including day care centers and summer camps;

(5) Public parks or recreational grounds as defined in section 708-814.5;

(6) Zoos, playgrounds, museums, libraries, recreation centers, and shelters and residential facilities operated by a government entity or a charitable organization serving unhoused children, children involved in the juvenile justice system, or children who are similarly at-risk;

(7) Any bar, restaurant, or establishment issued a license for on-premise consumption of alcohol pursuant to sections 281-31 and 281-32.5;

(8) A place owned, leased, or under the control of the State, county, or municipal government used for the purpose of government administration;

(9) A courthouse, courtroom, or any other premises used to conduct judicial or court administrative proceedings or functions;

(10) Voter service centers, places of deposit and their appurtenances, and an area of two hundred feet from the perimeter of any voter service center, place of deposit, and its appurtenances, as designated by election officials under section 11-132, as follows:

(A) As applied to voter service centers and their appurtenances, all operating hours, as set forth in section 11-109; and

(B) As applied to places of deposit and their appurtenances, all times at which the place of deposit is accessible to the public;

(11) Vote counting centers and places where ballots are stored;

(12) A public gathering or special event conducted on property open to the public that requires the issuance of a permit from a federal, state, or local government and the sidewalk or street immediately adjacent to the public gathering or special event and within one thousand feet from the vent or gathering; provided that there are signs clearly and conspicuously posted at visible places along the perimeter of the event;

(13) Any place, conveyance, or vehicle used for public transportation or public transit, including but not limited to:

(A) Buses;

(B) Train cars;

(C) Ferries;

(D) Railroad;

(E) Omnibus; and

(F) Marine or aviation transportation;

(14) Any facility used for or in connection with service in the transportation of passengers, including but not limited to:

(A) Airports;

(B) Bus terminals;

(C) Train stations;

(D) Rail stations; and

(E) Harbors;

(15) A stadium, arena, theater, performance venue, amusement park, or real property or parking area under the control of the stadium, arena, theater, performance venue, or amusement park;

(16) A public or private hospital or hospital affiliate, mental health facility, nursing home, medical office, urgent care facility, or other place at which medical services are customarily provided;

(17) Financial institutions as defined in section 211D-1; and

(18) Private property, including but not limited to residential, commercial, industrial, agricultural, institutional, or undeveloped property, unless the owner has provided express consent or clearly and conspicuously posts a sign at the entrance of the building or on the premises indicating that license holders are permitted to carry firearms on the property.

134-B Annual report on licenses to carry. (a) By April 1, 2024, and each year thereafter, the attorney general shall publish a report on its publicly available website detailing:

(1) The number of licenses to carry applied for, issued, revoked, and denied, and further categorized by the age, sex, race, and county of residence of the applicant or license holder;

(2) The specific reasons for each revocation and denial;

(3) Analysis of denials under section 134-9(b)(2) and recommendations to remedy any disparities in denial rates by age, sex, or race; and

(4) The number of appeals and appeals granted.

(b) The chief of police of each county shall supply the attorney general with the data the attorney general requires to complete the report under subsection (a) for the prior year by February 1 of each year."

SECTION 2. Section 134-2, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows:

"(d) The chief of police of the respective counties [may] shall issue permits to acquire firearms to citizens of the United States of the age of twenty-one years or more, or 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. The chief of police of each county [may] shall issue permits to 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. The chief of police of each county [may] shall issue permits to 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. Notwithstanding any law to the contrary and upon joint application, the chief of police [may] shall issue permits to acquire firearms jointly to spouses who otherwise qualify to obtain permits under this section.

(e) The permit application form shall be signed by the applicant and by the issuing authority. One copy of the permit shall be retained by the issuing authority as a permanent official record. Except for sales to dealers licensed under section 134-31, or dealers licensed by the United States Department of Justice, or law enforcement officers, [or where a license is granted under section 134-9,] or where any firearm is registered pursuant to section 134-3(a), no permit shall be issued to an applicant earlier than fourteen calendar days after the date of the application; provided that a permit shall be issued or the application denied before the twentieth day from the date of application. Permits issued to acquire any pistol or revolver shall be void unless used within ten days after the date of issue. Permits to acquire a pistol or revolver shall require a separate application and permit for each transaction. Permits issued to acquire any rifle or shotgun shall entitle the permittee to make subsequent purchases of rifles or shotguns for a period of one year from the date of issue without a separate application and permit for each acquisition, subject to the disqualifications under section 134-7 and subject to revocation under section 134-13; provided that if a permittee is arrested for committing a felony or any crime of violence or for the illegal sale of any drug, the permit shall be impounded and shall be surrendered to the issuing authority. The issuing authority shall perform an inquiry on an applicant by using the International Justice and Public Safety Network, including the United States Immigration and Customs Enforcement query, the National Crime Information Center, and the National Instant Criminal Background Check System, pursuant to section 846-2.7 before any determination to issue a permit or to deny an application is made. The issuing authority shall not issue a permit to acquire the ownership of a firearm to any person where the issuance would not be in the interest of public health, safety, or welfare because the person is found to be lacking the essential character or temperament necessary to be entrusted with a firearm. In determining whether the person lacks the essential character or temperament necessary to be entrusted with a firearm, the licensing authority shall consider whether the person is likely to engage in conduct, other than lawful self-defense, that would pose a danger to self or others, as evidenced by whether the applicant has any history of threats or acts of violence by the applicant directed toward their self or others or any history of use, attempted use, or threatened use of physical force by the applicant against another person, or other incidents implicating the disqualifying criteria set forth in this subsection, including but not limited to determining whether the applicant has been subject to any recent arrests or criminal charges for disqualifying crimes or has been experiencing any mental health issues such as suicidal ideation or violent impulses, the applicant's use of drugs or alcohol, and any other relevant evidence. The issuing authority shall consider the risks associated with firearms in the home, such as failure to consistently secure a firearm when not in the applicant's immediate control, the initiating or escalating of conflicts with intimate partners, family members, cohabitants, and invited guests such that a firearm is likely to be displayed or discharged other than in lawful self-defense; and shall consider the likelihood an applicant would bring the firearm outside of the home to engage in violence or to carry unlawfully in public."

SECTION 3. Section 134-5, Hawaii Revised Statutes, is amended to read as follows:

"134-5 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 may be transported in an enclosed container[, as defined in section 134-25] in the course of going to and from the place of the hunt, notwithstanding section 134-26.

(d) For purposes of this section, "enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm."

SECTION 4. Section 134-9, Hawaii Revised Statutes, is amended to read as follows:

"134-9 Licenses to carry. (a) [In an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property, the] The chief of police of the appropriate county [may] shall 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] resident of the State 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[.] upon determination by the chief of police that the applicant meets all the requirements set forth in this section. 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 section 134-7 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. The chief of police of the appropriate county, or the chief's designated representative, shall perform an inquiry on an applicant by using the National Instant Criminal Background Check System, to include a check of the Immigration and Customs Enforcement databases where the applicant is not a citizen of the United States, before any determination to grant a license is made. Unless renewed, the license shall expire one year from the date of issue.

(b) 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[;]. To prove an applicant is qualified, applicants shall be required to provide proof of a firearm certification program that satisfies the requirements of section 134-2(g)(2) through (4) no earlier than ninety days prior to submitting an application for an initial license to carry a concealed weapon on the person, and at intervals to be determined by the chief of police for applications to renew a license to carry a concealed weapon on the person. An eligible firearm certification program shall include:

(A) In-person instruction and written test covering the topics of relevant gun laws, including secure storage practices and sensitive location restrictions, use of force and de-escalation, and the risks to self and others of owning firearms; and

(B) Live-fire instruction and demonstration of safe handling of, and shooting proficiency with, each firearm the applicant is applying to be licensed to carry;

(2) [Appear to be] Be a suitable person to [be so licensed;] carry a concealed handgun in public. In determining whether the person is a suitable person to carry a concealed handgun in public, the chief of police shall make the required inquiry and investigation set forth in section 134-2(e) and shall consider the additional risks associated with public carry, such as failure to consistently secure a handgun outside the home and protect it from theft or unauthorized access, especially in densely populated settings; conduct or statements, including verbal threats involving a handgun or displaying a handgun, that would have the tendency to threaten or terrorize members of the public; the initiation or escalation of conflicts with strangers such that a handgun is likely to be displayed or discharged other than in lawful self-defense during interactions in public; and unintentional or reckless discharge of a handgun in public. The attorney general shall have authority to promulgate guidance on the types of conduct that the chief of police may consider when deciding whether the applicant is a suitable person to carry a concealed handgun in public;

(3) Not be prohibited under section 134-7 from the ownership or possession of a firearm; [and]

(4) Not be under indictment for, or have waived indictment for, or have been bound over to the circuit court for, or have been convicted in the State or elsewhere of having committed in the previous ten years:

(A) Operating a vehicle under the influence of an intoxicant under section 291E-61;

(B) Reckless endangering in the second degree under section 707-714;

(C) Harassment under section 711-1106;

(D) Criminally negligent storage of a firearm under section 707-714.5; or

(E) A firearm offence punishable as a misdemeanor under chapter 134; and

[(4)] (5) Not have been adjudged insane or not appear to be mentally deranged. Being a person who does "not appear to mentally deranged" means that the applicant does not exhibit specific and articulable indicia that would objectively indicate to a reasonable observer that the applicant is not capable of being a reasonable and law-abiding user of firearms. Such specific and articulable indicia may include but are not limited to suicidal ideations; homicidal ideations; or potential dangerousness, including a violent animus towards one or more groups based on race, color, national origin, ancestry, sex, gender identity, gender expression, sexual orientation, age, disability, religion, or other characteristic, such that a reasonable person would conclude that the applicant harbored an intention to use a firearm in public to attack others rather than for self defense.

(c) No person shall carry concealed or unconcealed on the person a pistol or revolver without being licensed to do so under this section or in compliance with sections 134-5(c) or 134-25.

(d) The application for license to carry a concealed firearm shall be in the form prescribed by the chief of police of each county and shall include, at a minimum the following features:

(1) The applicant's name; address; sex; height; weight; date of birth; place of birth; country of citizenship; social security number; alien or admission number; any aliases or other names previously used by the applicant; physical description, including any distinguishing physical characteristics of the applicant; current employer; and identifying information for the firearm for which the license is sought;

(2) The text of state laws pertaining to firearm storage in sections 134-10.5, 134-25, and 707-714.5, the text of the sensitive locations where firearms are prohibited set forth in section 134-A, and space for an applicant's signature confirming the applicants acknowledgement and understanding of those laws;

(3) A certification of whether the applicant has been confined or committed to a mental institution or hospital for treatment or observation of a mental or psychiatric condition on a temporary, interim, or permanent basis, or experienced any mental health condition that could impact risk to public safety, including but not limited to conditions involving suicidal ideations, homicidal ideations, or violent impulses;

(4) Contact information for not less than four reputable persons who are not related by blood or law to the applicant and have known the applicant for at least three years preceding the application date who will serve as personal references for the applicant's license application and who have sufficient knowledge of whether the applicant is a suitable person to carry a concealed handgun in public, as set forth in subsection (b)(2). The applicant shall also provide names and contact information for the applicant's current spouse, domestic partner, or significant other, if any, and any other adults residing in the applicant's home, including adult children;

(5) The applicant shall complete an authorization for release of mental health records, including psychiatric, behavioral health, and substance abuse information. The applicant shall also complete any forms required by the applicant's health care provider or relevant government entity for release of mental health information; and

(6) Any other information the county chief of police, or a designated member of the chief of police's staff, may require from the applicant or any other person as the chief of police reasonably deems necessary to conduct the review of the application, including but not limited to publicly available statements posted or published online by the applicant.

The chief of police in the applicant's county, or a designated member of the chief of police's staff, shall conduct an in-person interview with the applicant and an in-person videoconference, or telephonic interview with individuals identified by the applicant as personal references, and shall make inquiry concerning, and investigate to the extent warranted, whether the applicant meets the qualifications and standards set forth in subsection (b). Individuals whose contact information is provided on the application form may be contacted by the county chief of police, or a designated member of the chief of police's staff, during this inquiry and investigation. The county chief of police, or a designated member of the chief of police's staff, shall also contact local law enforcement where the applicant resides and works, and any place where the applicant has resided in the previous ten years, if the applicant currently or within the previous ten years has resided or worked in a county other than the one in which a license is being sought.

[(d)] (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.

(f) In all cases where a license application under this section is denied, the applicant shall be sent a written decision by certified mail. The written decision shall set forth the facts of the application and explain the reasons for denial. Any applicant aggrieved by a denial may request a hearing in the district court of the county in which the applicant resides or, if different, the county in which the application was submitted, by filing a written request for a hearing within thirty days of the denial. The aggrieved applicant shall serve copies of the request for hearing upon the county chief of police where the application was denied. The hearing shall be held within sixty days of filing of the request, and no formal pleading or filing fee shall be required. In all cases where a permit application under this section is denied because an applicant is prohibited from owning, possessing, receiving, or controlling firearms under federal or state law, the chief of police of the applicable county shall send written notice as described in section 134-2(j)."

SECTION 5. Section 134-13, Hawaii Revised Statutes, is amended to read as follows:

"134-13 Revocation of permits. (a) 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[.] if, at any time, the licensee or permit holder no longer meets the qualifications or requirements of the applicable permit or license section under which their permit or license was granted. Licenses to carry concealed firearms shall be revoked if, at any time, either the issuing authority determines or is notified by the judge of any court or a law enforcement agency of any of the following:

(1) A licensee is prohibited by state or federal law from owning or purchasing a firearm;

(2) A licensee becomes ineligible to obtain a license under section 134-9(b);

(3) Any information provided by a licensee in connection with an application for a new license or license renewal is inaccurate or incomplete;

(4) A licensee is no longer a suitable person to hold such a license under section 134-9(b)(2); or

(5) A licensee engages in any conduct that would have resulted in the denial of a license.

(b) if the issuing authority or the judge of any court revokes a license, the county chief of police where the applicant resides shall be notified of the revocation if they are not the body revoking the license. If the license or permit is revoked because the licensee or permit holder is prohibited from possessing firearms under section 134-7 or part IV of this chapter, then section 134-7.3 shall govern the process for voluntary surrender and seizure."

SECTION 6. 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 it shall be lawful to carry unloaded firearms in [an enclosed] a locked 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.

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

(b) A person who possess a firearm in a vehicle as provided by sections 134-5 and 134-9 shall keep the firearm in a locked container and place the container out of plain view when leaving the firearm in an unattended vehicle.

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

(d) Any person violating subsection (b) shall be guilty of a misdemeanor, subject to revocation of their license to carry a concealed firearm under section 134-13, and disqualified from renewing their license to carry a concealed firearm under section 134-9.

(e) As used in this section, "locked container" means a secure container that is fully enclosed and locked by a padlock, keylock, combination lock, or similar locking device. The term "locked container" does not include the utility or glove compartment of a motor vehicle."

SECTION 7. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 8. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 10. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Firearms; Concealed Carry; License to Carry; Sensitive Locations; Attorney General; Police; Report

 

Description:

Prohibits issuing authorities from issuing permits to acquire the ownership of a firearm to any person where the issuance would not be in the interest of the public health, safety, or welfare because the person is found to be lacking the essential character or temperament necessary to be entrusted with a firearm. Requires issuing authorities to consider the risks associated with firearms in the home and consider the likelihood an applicant would bring the firearm outside of the home to engage in violence or carry unlawfully in public. Increases requirements for applicants seeking a license to carry a firearm. Sets minimum requirements for applications for a license to carry a concealed firearm. Establishes the crime of carrying a firearm in a sensitive location. Defines sensitive location. Requires licenses to carry concealed firearms be revoked if certain conditions are met. Requires the Attorney General to publish an annual report on licenses to carry firearms. Requires firearms be kept in a locked container and out of plain view when in an unattended vehicle. Defines locked container and makes conforming amendments. Establishes penalties for violations.

 

 

 

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