Bill Text: HI HB64 | 2024 | Regular Session | Introduced
Bill Title: Relating To Firearms Possession.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [HB64 Detail]
Download: Hawaii-2024-HB64-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
64 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to firearms possession.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that registration requirements and background checks help prevent the proliferation of firearms to persons not permitted to possess one. The legislature also acknowledges that circumstances may arise where an individual once permitted to own firearms may no longer have that right. Currently, there is no mechanism for law enforcement to ensure that a person who already possesses firearms but has subsequently lost the right to own one properly disposes or dispossesses themselves of their firearms.
Accordingly, the purpose of this Act is to require those individuals who can no longer possess firearms and ammunition to provide a sworn statement to law enforcement stating that they no longer possess firearms and ammunition, and give law enforcement agencies a mechanism to remove firearms and ammunition in the case of noncompliance.
SECTION 2. Section 134-7, Hawaii Revised Statutes, is amended by amending subsections (f) and (g) to read as follows:
"(f)
No person who has been restrained pursuant to an order of any court,
including a gun violence protective order issued pursuant to part IV, from
contacting, threatening, or physically abusing any person, shall possess,
control, or transfer ownership of any firearm or ammunition therefor, so long
as the protective order, restraining order, or any extension is in effect,
unless the order, for good cause shown, specifically permits the possession of
a firearm and ammunition. The protective
order or restraining order shall specifically include a statement that
possession, control, or transfer of ownership of a firearm or ammunition by the
person named in the order is prohibited.
The person restrained shall relinquish possession and control of
any firearm and ammunition owned by that person to the police department of the
appropriate county for safekeeping for the duration of the order or extension
thereof. [At] Prior to the
service of a protective order or restraining order on a person who possesses or
may possess a firearm or ammunition, or both, the chief of police shall search
all applicable records to determine whether the person has been issued any
permits to acquire or has registered any firearms, and at the time of
service [of a protective order or restraining order involving firearms and
ammunition issued by any court], a police officer [may] shall
take custody of any and all firearms and ammunition in plain sight, those
discovered pursuant to a consensual search, and those firearms [surrendered]
relinquished by the person restrained.
If the person restrained is the registered owner of a firearm and knows
the location of the firearm, but refuses to [surrender] relinquish
the firearm or refuses to disclose the location of the firearm, the person
restrained shall be guilty of a misdemeanor.
In any case, when a police officer is unable to locate the firearms and
ammunition either registered under this chapter or known to the person granted
protection by the court, the police officer shall apply to the court for a
search warrant pursuant to chapter 803 for the limited purpose of seizing the [firearm]
firearms and ammunition.
For
the purposes of this subsection, good cause shall not be based solely upon the
consideration that the person subject to restraint pursuant to an order of any
court is required to possess or carry firearms or ammunition during the course
of the person's employment. Good cause
consideration may include but not be limited to the protection and safety of
the person to whom [a restraining] the order is granted.
(g)
Any person disqualified from ownership, possession, control, or the right
to transfer ownership of firearms and ammunition under [this section] subsection
(a), (b), (c), (d), or (e) shall [surrender or] dispose of all
firearms and ammunition in compliance with section 134-7.3."
SECTION 3. Section 134-7.3, Hawaii Revised Statutes, is amended by amending subsections (a) through (d) to read as follows:
"(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] shall 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[.]
and provide a sworn statement to the chief of police that the applicant has
disposed of all firearms and ammunition in the applicant's possession. The chief of police shall search all
applicable records to determine whether the applicant has been issued any
permits to acquire or has registered any firearms. If [an] the 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] shall seize
all firearms and ammunition[.] from the applicant and, as necessary,
shall apply to the court for a search warrant pursuant to chapter 803 for the
limited purpose of seizing the firearms and ammunition.
(b)
Any person disqualified from ownership, possession, or control of
firearms and ammunition under section [134-7] 134-7(a), (b), (c),
(d), or (e) or part IV, within forty-eight hours of disqualification, shall
[voluntarily surrender all firearms and ammunition to the chief of police
where the person resides or] dispose of all firearms and ammunition[.]
and provide a sworn statement to the chief of police that the person has
disposed of all firearms and ammunition in the person's possession. The chief of police shall search all
applicable records to determine whether the person has been issued any permits
to acquire or has registered any firearms. If [any] the person fails to [voluntarily
surrender or] dispose of all firearms and ammunition within forty-eight
hours from the date of disqualification, the chief of police [may] shall
seize all firearms and ammunition[.] and, as necessary, shall apply
to the court for a search warrant pursuant to chapter 803 for the limited
purpose of seizing the firearms and ammunition.
(c)
For any person disqualified from ownership, possession, or control of
firearms and ammunition under section 134-7(c), or because the person has been
admitted to a psychiatric facility, whether for emergency or involuntary
hospitalization, pursuant to part IV of chapter 334, once the chief of police
is notified that the person is disqualified, the chief of police shall promptly
issue a notice to the disqualified person to immediately [surrender] dispose
of all firearms and ammunition[.] and provide a sworn statement
to the chief of police that the person has disposed of all firearms and
ammunition in the person's possession.
The chief of police shall search all applicable records to determine
whether the person has been issued any permits to acquire or has registered any
firearms. The notice shall be in
writing, shall set forth the reasons for the disqualification, and shall state
the requirement that the person immediately [surrender] dispose of
all firearms and ammunition to the chief of police. If [any] the person fails to [voluntarily
surrender] dispose of all firearms and ammunition upon receiving
notice, the chief of police [may] shall seize all firearms and
ammunition[.] from the person and, as
necessary, shall apply to the court for a search warrant pursuant to chapter
803 for the limited purpose of seizing the firearms and ammunition. The firearms and ammunition shall be held in
police custody until the person has been medically documented to be no longer
adversely affected as provided in section 134-7 or until transferred or sold by
the owner. Nothing in this subsection
shall be construed to limit the duties imposed by subsection (b).
(d)
For the purposes of this section, "dispose" means selling the
firearms to a gun dealer licensed under section 134‑31, transferring
ownership of the firearms to any person who meets the requirements of section
134-2, or surrendering all firearms to the chief of police where the person
resides for storage or disposal[; provided that, for a person subject to
section 134-7(f) or part IV, "dispose" shall not include transferring
ownership of the firearms to any person who meets the requirements of section
134-2]."
SECTION 4. Section 134-7.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a)
Any police officer who has reasonable grounds to believe that a person
has recently assaulted or threatened to assault a family or household member [may]
shall seize all firearms and ammunition that are in plain view of the
officer or were discovered pursuant to a consensual search and that the
police officer has reasonable grounds to believe were used or threatened to be
used in the commission of the offense. [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."
SECTION 5. Section 806-11, Hawaii Revised Statutes, is amended by amending subsection (a) through (c) to read as follows:
"(a)
At the time of arraignment, the court shall order a defendant who is
under indictment for, or who has waived indictment for, or who has been bound
over to the circuit court for a felony, or any crime of violence, or an illegal
sale of any drug, to dispose of all firearms and ammunition within the
defendant's possession in a manner in compliance with the provisions of chapter
134 and shall inform the defendant of the provisions of section 134-7(b) and
section 134-12.5. The defendant shall comply
with an order issued pursuant to this section within forty-eight hours of the
issuance of such order[.] and provide a sworn statement to the chief
of police where the defendant resides that the defendant has disposed of all
firearms and ammunition in the defendant's possession. A defendant's compliance with the forty-eight-hour
requirement of this section shall not give rise to a prosecution for violations
of sections 134-2, 134-3 or 134-4.
(b)
The court shall immediately notify the chief of police of the county
where the defendant resides that the defendant has been ordered to [voluntarily
surrender all firearms and ammunition to the chief of police or] dispose of
all firearms and ammunition within the defendant's possession. The chief of police shall search all
applicable records to determine whether the defendant has been issued any
permits to acquire or has registered any firearms.
(c)
If the defendant fails to [voluntarily surrender all firearms and
ammunition to the chief of police where the defendant resides or] dispose
of the firearms and ammunition within forty-eight hours of the issuance of the
order, the chief of police [may] shall seize all firearms and
ammunition[.] and, as necessary, shall apply to the court for a
search warrant pursuant to chapter 803 for the limited purpose of seizing the
firearms and ammunition."
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Firearms Possession; Surrender or Disposal
Description:
Requires individuals denied a firearm permit or otherwise disqualified from possessing firearms and certain defendants to provide a sworn statement that the individual has disposed of any firearms and ammunition in the individual's possession. Requires the applicable chief of police to search firearm permit and registration records for those individuals before serving a protective order or restraining order involving firearms or ammunition, and to seize any firearms or ammunition that were not disposed of. Requires police to seize firearms and ammunition in domestic abuse cases that are in plain view of the officer or discovered by consensual search.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
