Bill Text: HI SB473 | 2015 | Regular Session | Introduced
Bill Title: Firearms; Active and Retired Law Enforcement Officers; Carrying of a Concealed Firearm; LEOSA
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2015-03-20 - The committee(s) on LAB recommend(s) that the measure be deferred. [SB473 Detail]
Download: Hawaii-2015-SB473-Introduced.html
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THE SENATE |
S.B. NO. |
473 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to firearms.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the federal Law Enforcement Officers Safety Act of 2003 (LEOSA) was intended to afford active and retired law enforcement officers the privilege of carrying a concealed firearm across state lines. However, since the enactment of LEOSA, varying state approaches to implementation have hindered the consistent and effective operation of the federal law, especially with respect to retired law enforcement officers.
Under LEOSA, a retired law enforcement officer who wishes to carry a concealed firearm in any of the fifty states is required to carry a photographic identification that is issued by the agency from which the retired officer was employed that indicates or is accompanied by a firearm certification. If the photographic identification does not indicate that the retired officer has met firearm training standards, then the photographic identification is required to be accompanied by a firearm certification that is issued by the state in which the retired officer resides or by a certified firearms instructor who is qualified to conduct firearms qualification tests for active duty officers within that state and certifies that the retired officer has met, within the most recent twelve-month period, the active law enforcement standards for qualification, as determined by the State, to carry a firearm of the same type as the firearm the retired officer intends to conceal and carry. If the state that the retired officer resides in has not established any qualification standards, then such standards established by any law enforcement agency within that state may be used. Currently, Hawaii has not established a firearm qualification standards for retired law enforcement officers residing in the State or a statutory framework to uniformly permit active and retired law enforcement officers to carry a concealed weapon in Hawaii pursuant to LEOSA.
The purpose of this Act is to codify federal law to authorize the department of the attorney general to develop and implement a state program to allow active and retired law enforcement officers to carry a concealed firearm in Hawaii pursuant to LEOSA.
SECTION 2. Chapter 134, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:
"Part . carrying of concealed firearms by law enforcement officers
§134-A Definitions. As used in this part unless the context indicates otherwise:
"Firearm" has the same meaning as in title 18 United States Code section 921, but shall not include:
(1) Any machine gun as defined in section 5845 of the National Firearms Act of 1934;
(2) Any firearm silencer as defined in title 18 United States Code section 921; and
(3) Any destructive device as defined in title 18 United States Code section 921.
"Firearms instructor" means a person who:
(1) Has a valid and current law enforcement instructor certification from the National Rifle Association or from another organization; and
(2) Has been approved by the department of the attorney general.
"Qualified law enforcement officer" means an employee of a government agency who:
(1) Is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of or the incarceration of any person for any violation of law and has statutory powers of arrest or apprehension under article 7(b) of the Uniform Military Code (10 U.S.C. 807(b));
(2) Is authorized by the government agency to carry a firearm;
(3) Is not the subject of any disciplinary action by the government agency that could result in suspension or loss of police powers;
(4) Meets standards, if any, established by the government agency that require the employee to regularly qualify in the use of a firearm;
(5) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance;
(6) Is not prohibited by federal law from receiving a firearm; and
(7) Complies with all applicable state firearm laws under this chapter.
A law enforcement officer of the Amtrak Police Department, Federal Reserve System, or executive branch of the federal government qualifies as an employee of a government agency who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of or the incarceration of any person for any violation of law and has statutory powers of arrest or apprehension under article 7(b) of the Uniform Military Code (10 U.S.C. 807(b)). "Qualified law enforcement officer" does not include a third party contracted guard who has the statutory power of arrest as part of a contract with a government agency and an active duty armed forces personnel assigned to a military police unit.
"Qualified retired law enforcement officer" means a person who:
(1) Has separated in good standing from service with a government agency as a law enforcement officer, including separation from service as a law enforcement officer of the Amtrak Police Department, Federal Reserve System, or executive branch of the federal government;
(2) Before separation from service in good standing, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of or the incarceration of any person for any violation of law and had statutory powers of arrest or apprehension under article 7(b) of the Uniform Military Code (10 U.S.C. 807(b));
(3) Before separation from service in good standing, served as a law enforcement officer for an aggregate of ten years or more, or separated from service with a government agency after completing any applicable probationary period of service due to a service connected disability, as determined by the government agency;
(4) During the immediately previous twelve-month period and at the person's own expense, has met:
(A) The standards for qualification in firearms training for active law enforcement officers, as determined by the former government agency of the retired officer;
(B) If the state has not established qualification standards:
(i) The standards for qualification in firearms training of a law enforcement agency within the state in which the retired officer resides; or
(ii) The standards used by a firearms instructor who is qualified to conduct a firearms qualification test for active law enforcement officers within that state; or
(C) The requirements of the state firearm certification program under section 134-D if the qualified retired law enforcement officer resides in this State;
(5) Has not:
(A) Been officially found by a qualified medical professional employed by the government agency to be unqualified for reasons relating to mental health and, as a result of this finding, not to be issued a photographic identification pursuant to section 134-C; or
(B) Entered into an agreement with the government agency from which the retired officer is separating from service in which the retired officer acknowledges that the retired officer is not qualified for reasons relating to mental health and shall not receive or accept a photographic identification pursuant to section 134-C;
(6) Is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance;
(7) Is not prohibited under federal law from receiving a firearm; and
(8) Complies with all applicable state firearm laws under this chapter.
§134-B Qualified law enforcement officer; carrying of a concealed firearm; photographic identification. (a) Notwithstanding any other law to the contrary, a person who is a qualified law enforcement officer and possesses an identification required under subsection (c) may carry a concealed firearm that has been shipped or transported in intrastate, interstate, or foreign commerce except as provided under subsection (b).
(b) This section shall not be construed to supersede any state laws that:
(1) Permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or
(2) Prohibit or restrict the possession of firearms on any state or county property, installation, building, base, or park.
(c) To carry a concealed firearm that has been shipped or transported in interstate or foreign commerce in this State, or carry or transport a concealed firearm between islands of this State, a qualified law enforcement officer shall possess a photographic identification issued by the government agency for which the qualified law enforcement officer is employed that identifies the qualified law enforcement officer as a law enforcement officer of that government agency.
§134-C Qualified retired law enforcement officer; carrying of a concealed firearm; photographic identification. (a) Notwithstanding any other law to the contrary, a person who is a qualified retired law enforcement officer and possesses an identification required under subsection (c) may carry a concealed firearm that has been shipped or transported in intrastate, interstate, or foreign commerce except as provided under subsection (b).
(b) This section shall not be construed to supersede any state laws that:
(1) Permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or
(2) Prohibit or restrict the possession of firearms on any state or county property, installation, building, base, or park.
(c) To carry a concealed firearm that has been shipped or transported in interstate or foreign commerce in this State, or carry or transport a concealed firearm between islands of this State, a qualified retired law enforcement officer shall possess a photographic identification issued by the government agency for which the qualified retired law enforcement officer was employed as a law enforcement officer of that government agency. The photographic identification shall:
(1) Indicate that during the immediately previous twelve-month period and at the retired officer's own expense, the retired officer has met the active duty standards for qualification in firearms training as established by the former government agency of the retired officer to carry a firearm of the same type as the concealed firearm; or
(2) Be accompanied by a certification issued by the state in which the qualified retired law enforcement officer resides or by a firearms instructor that is qualified to conduct a firearms qualification test for active duty officers within that state indicating that not less than one year before the date the qualified retired law enforcement officer is carrying the concealed firearm, the retired officer has been tested or otherwise been found by the state in which the retired officer resides or by the firearms instructor to meet:
(A) The active duty standards for qualification in firearms training, as established by the state in which the qualified retired law enforcement officer resides, to carry a firearm of the same type as the concealed firearm; or
(B) If the state in which the qualified retired law enforcement officer reside has not established such standard, then the standards set by the law enforcement agency within that state to carry a firearm of the same type as the concealed firearm; or
(3) If the qualified retired law enforcement officer resides in this State, be accompanied with a certification issued by the department of the attorney general indicating that not less than one year before the date the qualified retired law enforcement officer is carrying the concealed firearm, the retired officer has met the requirements of the state firearm certification program pursuant to section 134-D.
§134-D Qualified retired law enforcement officer; state firearm certification for state residents. (a) During the immediately previous twelve-month period and at the retired officer's own expense, a qualified retired law enforcement officer who resides in this State shall meet the requirements of the state firearm certification program in order to carry a concealed firearm in this State.
(b) The state firearm certification program for qualified retired law enforcement officers residing in this State shall be conducted by a firearms instructor and shall be the same generally recognized standards of law enforcement firearms training for active law enforcement officers in this State. The format, requirements, and scoring of the certification testing shall be determined by the department of the attorney general and include the following:
(1) Firearms proficiency;
(2) Firearms safety;
(3) Firearms handling; and
(4) Review of state laws relating to firearms, ammunition, dangerous weapons, and use of force;
provided that the format, requirements, and scoring of the certification testing shall be identical or substantially similar to the law enforcement firearms training for active law enforcement officers in this State.
(c) A qualified retired law enforcement officer who resides in this State and seeks to participate in the state firearm certification program shall apply for firearm certification using forms prescribed and providing information requested by the department of the attorney general. Applications for firearm certification shall be filed with the department of the attorney general. All costs and fees for a firearm certification under this section shall be paid by the applicant and shall be nonrefundable.
(d) The department of the attorney general may issue a firearm certification identification to each applicant who meets all qualifications and requirements for a state firearm certification. The format and information contained on the state firearm certification identification shall be determined by and forms shall be prescribed by the department of the attorney general.
(e) All state firearm certification identifications shall:
(1) Be valid for one year from date of issuance;
(2) Be returned to the department of the attorney general after expiration or immediately upon written request by the department of the attorney general; and
(3) Remain property of the State.
(f) A qualified retired law enforcement officer who resides in this State shall renew a state firearm certification annually as long as the qualified retired law enforcement officer:
(1) Meets all requirements under title 18 United States Code section 926C, this part, and applicable state law;
(2) Carries a concealed firearm pursuant to title 18 United States Code section 926C and section 134-C; and
(3) Resides in this State.
The requirements, format, and any information requested for a renewal of a state firearm certification shall be determined by and forms shall be prescribed by the department of the attorney general; provided that the department of the attorney general shall establish renewal requirements and procedures that are condensed, nonidentical versions of the application requirements for a new state firearm certification.
(g) The department of the attorney general may reinstate, restore, revoke, suspend, deny, or refuse to renew a state firearm certification of any applicant who violates any requirements under this part or state law, or established by rule, including by not limited to:
(1) Failing to meet all of the requirements necessary to maintain state firearm certification, including maintaining a residence address in the State while certified;
(2) Submitting an application for a new, renewed, or reinstatement of a suspended state firearm certification that contains a false statement, an omission of fact, or a substantial misstatement;
(3) Obtaining or allowing the state firearm certification to be used in a deceptive, fraudulent, or false or misleading manner;
(4) Being treated for addiction to any dangerous, harmful, or detrimental drug, intoxicating compound as defined in section 712-1240, or intoxicating liquor;
(5) Being diagnosed with, or receiving treatment for, a significant behavioral, emotional, or mental disorder as defined by the most current diagnostic manual of the American Psychiatric Association; and
(6) Using or carrying a firearm while being impaired by alcohol, drugs, or mental illness, or substantially impaired by a physical disability.
§134-E Firearms instructors; limited civil liability. No firearms instructor who provides firearms training and qualification for active law enforcement officers or qualified retired law enforcement officers in this State shall be civilly liable to any person for injury or damage sustained during the course of providing firearms training or safety courses or classes at a firing range to active law enforcement officers or qualified retired law enforcement officer residing in this State who are seeking to obtain a firearm certification pursuant to section 134-D; provided that this section shall not be construed to relieve a firearms instructor from any other tort liability that may be applicable.
§134-F Firearm registration. All concealed firearms carried by any qualified law enforcement officer or qualified retired law enforcement officer shall be registered with the chief of police in the county of the officer's place of business, residence, or place of sojourn pursuant to section 134-3.
§134-G Compliance with federal and state laws. (a) To carry a concealed firearm in this State pursuant to title 18 United States Code section 926B, a qualified law enforcement officer shall comply with all state laws, including but not limited to this chapter. If a qualified law enforcement officer is not on official duty with the officer's government agency and is carrying a concealed firearm pursuant to title 18 United States Code 926B in this State, state law shall apply to this officer as a person with no law enforcement powers.
(b) To carry a concealed firearm in this State pursuant to title 18 United States Code section 926C, a qualified retired law enforcement officer shall comply with all state laws, including but not limited to this chapter. Title 18 United States Codes section 926C and state law shall not authorize a qualified retired law enforcement officer to act as a law enforcement officer in this State.
§134-H Rules. The department of the attorney general shall adopt rules pursuant to chapter 91 to effectuate the purposes of this part."
SECTION 3. Section 134-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(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 five 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. 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[.];
(4) A photographic identification issued by the government agency for which a qualified law enforcement officer is employed that identifies the qualified law enforcement officer as a law enforcement officer of that government agency who is permitted to carry a concealed firearm that has been shipped or transported in interstate or foreign commerce in this State, or carried or transported between islands of this State, pursuant to section 134-B; provided that the qualified law enforcement officer is on official duty; or
(5) A photographic identification issued by the government agency for which a qualified retired law enforcement officer was employed as a law enforcement officer and documentation certifying that during the immediately previous twelve-month period, the officer has met the standards for qualification in firearms training for active law enforcement officers pursuant to section 134-C.
The nonresident alien shall be limited to a nontransferable registration of not more than ten firearms for the purpose of the above activities.
Every person registering a firearm under this subsection shall be fingerprinted and photographed by the police department of the county of registration; provided that this requirement shall be waived where fingerprints and photographs are already on file with the police department. The police department shall perform an inquiry on the person by using the National Instant Criminal Background Check System before any determination to register a firearm is made."
SECTION 4. Section 134-7.2, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) Notwithstanding any provision of chapter 127A or any other law to the contrary, no person or government entity shall seize or confiscate, under any emergency or disaster relief powers or functions conferred, or during any emergency period, as defined in section 127A-2, or during any time of national emergency or crisis, as defined in section 134-34, any firearm or ammunition from any individual who is lawfully permitted to carry or possess the firearm or ammunition under part I or of this chapter and who carries, possesses, or uses the firearm or ammunition in a lawful manner and in accordance with the criminal laws of this State.
(b) Notwithstanding any provision of chapter 127A or any other law to the contrary, no person or government entity shall suspend, revoke, or limit, under any emergency or disaster relief powers or functions conferred, any lawfully acquired and maintained permit or license obtained under and in accordance with part I or of this chapter."
SECTION 5. Section 134-8, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) The manufacture, possession, sale, barter, trade, gift,
transfer, or acquisition of detachable ammunition magazines with a capacity in
excess of ten rounds which are designed for or capable of use with a pistol is
prohibited. This subsection shall not apply to [magazines]:
(1) 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[.]; and
(2) Qualified law enforcement officers and qualified retired law enforcement officers subject to part ."
SECTION 6. 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 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. 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;
(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) 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.
(e) This section shall not apply to qualified law enforcement officers or qualified retired law enforcement officers subject to part ."
SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 8. In codifying the new sections added by section 2 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; provided that the department of the attorney general shall comply with section 2 of this Act until it adopts rules pursuant to chapter 91, Hawaii Revised Statutes, to effectuate section 2 of this Act.
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INTRODUCED BY: |
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Report Title:
Firearms; Law Enforcement Officers; Carrying of a Concealed Firearm; Magazine Exemption
Description:
Codifies federal law to authorize the department of the attorney general to develop and implement a state program to allow active and retired law enforcement officers to carry a concealed firearm in Hawaii pursuant to the federal Law Enforcement Officers Safety Act of 2003. Makes conforming amendments to state firearm laws.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
