THE SENATE

S.B. NO.

416

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 134-9, 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 grant a license to carry a pistol or revolver and ammunition therefor concealed on the person within the county where the license is granted to an applicant who [is]:

(1) Is a citizen of the United States [of the age of twenty-one years or more], lawful permanent resident alien of the United States, United States national, or [to a] duly accredited official representative of a foreign nation [of the age of];

(2) Is twenty-one years of age or more [to carry a pistol or revolver and ammunition therefor concealed on the person within the county where the license is granted.]; and

(3) Meets the requirements under subsection (c).

(b) Where the urgency or the need has been sufficiently indicated, the respective chief of police may grant a license to carry a pistol or revolver and ammunition therefor unconcealed on the person within the county where the license is granted to an applicant who:

(1) Is of good moral character [who is];

(2) Is a citizen of the United States [of the age of], lawful permanent resident alien of the United States, or United States national;

(3) Is twenty-one years of age or more[, is];

(4) 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.]; and

(5) Meets the requirements under subsection (c).

(c) The chief of police of each county shall adopt procedures to require that any person granted a license under this section 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 section 134-7 or any other law from the ownership or possession of a firearm; and

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

(d) The chief of police of the appropriate county, or the chief's designated representative, shall perform an inquiry on an applicant for a license under this section 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.

(e) A fee of $10 shall be charged for each license granted under this section. All fees collected pursuant to this section shall be deposited in the treasury of the county in which the license is granted.

(f) Unless renewed, [the] every license granted pursuant to this section 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;

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

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

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

(c)] (g) 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) 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.]

(h) Except as otherwise provided by federal or state law, no person who has a valid license pursuant to this section shall knowingly, intentionally, or recklessly carry upon their person a pistol or revolver outside of the person's residence without having a valid license in the person's immediate possession, or fail to display the same upon the demand of a law enforcement officer; provided that this subsection shall not apply to qualified law enforcement officers and qualified retired law enforcement officers pursuant to title 18 United States Code sections 926B and 926C and this chapter who have documentation regarding their qualifications in their immediate possession and persons exempted under section 134-11. Any person violating this subsection shall be guilty of a misdemeanor. A law enforcement officer may arrest an alleged violator of this subsection or issue a citation in lieu of arrest, as provided in section 803-6. In any prosecution under this subsection, it shall be an affirmative defense that the person was exempt from the prohibition. The failure of a person to:

(1) Have a valid license in the person's immediate possession while carrying on their person a firearm outside the person's residence shall be prima facie evidence that the person knows the person is carrying a firearm in public without possession of the person's license; or

(2) Display the person's license upon the demand of a law enforcement officer while carrying on their person a firearm outside the person's residence shall be prima facie evidence that the person has knowingly, intentionally, and recklessly failed to display the license.

(i) For the purposes of this section, "suitable person" means having the essential character, temperament, and judgment necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others as evidenced by any information submitted or required as part of the application or found during the investigation thereof that indicates the applicant has not engaged in dangerous, threatening, reckless, or irresponsible conduct and has not otherwise conducted themselves in a manner that indicates they are likely to use the weapon in a manner that endangers themselves or others."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Firearms; License to Carry

 

Description:

Amends the requirements for licenses to carry firearms concealed or unconcealed. Requires possession and display of a valid license when publicly carrying firearms.

 

 

 

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