REPORT TITLE:
Firearms


DESCRIPTION:
Prohibits the sale or transfer of all pistols and revolvers to
anyone within the State other than to a licensed dealer or a law
enforcement officer.  Allows the grant of permits to acquire a
pistol or revolver, a license to carry an unconcealed weapon, or
a license to carry a concealed weapon, under exceptional cases.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1828 
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
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:

 1      SECTION 1.  Section 134-4, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§134-4 Transfer[,]; possession of firearms.(a)  No
 
 4 transfer of any rifle having a barrel length of sixteen inches or
 
 5 over or any shotgun having a barrel length of eighteen inches or
 
 6 over, whether usable or unusable, serviceable or unserviceable,
 
 7 modern or antique, registered under prior law or by a prior
 
 8 owner, or unregistered shall be made to any person under the age
 
 9 of eighteen years, except as provided by section 134-5.
 
10      (b)  No person shall possess any firearm that is owned by
 
11 another, regardless of whether the owner has consented to
 
12 possession of the firearm, without a permit from the chief of
 
13 police of the appropriate county, except as provided in
 
14 subsection (c) and section 134-5.
 
15      (c)  Any lawfully acquired rifle or shotgun may be lent to
 
16 an adult for use within the State for a period not to exceed
 
17 fifteen days without a permit; provided that where the rifle or
 
18 shotgun is to be used outside of the State, the loan may be for a
 
19 period not to exceed seventy-five days.
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (d)  No person shall knowingly lend a firearm to any person
 
 2 who is prohibited from ownership or possession of a firearm under
 
 3 section 134-7.
 
 4      (e)  After July 1, 1992, no person shall bring or cause to
 
 5 be brought into the State an assault pistol.  No assault pistol
 
 6 may be sold or transferred on or after July 1, 1992, to anyone
 
 7 within the State other than to a dealer licensed under section
 
 8 134-32 or the chief of police of any county except that any
 
 9 person who obtains title by bequest or intestate succession to an
 
10 assault pistol registered within the State shall, within ninety
 
11 days[, render]:
 
12      (1)  Render the weapon permanently inoperable[, sell];
 
13      (2)  Sell or transfer the weapon to a licensed dealer or the
 
14           chief of police of any county[, or remove]; or
 
15      (3)  Remove the weapon from the State.
 
16      (f)  Except as provided in section 134-9, no pistol or
 
17 revolver may be sold or transferred on or after July 1, 2000, to
 
18 anyone within the State other than to a dealer licensed under
 
19 section 134-32 or a law enforcement officer, except that any
 
20 person who obtains title by bequest or intestate succession to a
 
21 pistol or revolver registered within the State shall, within
 
22 ninety days:
 
23      (1)  Render the weapon permanently inoperable;
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (2)  Sell or transfer the weapon to a licensed dealer or the
 
 2           chief of police of any county; or
 
 3      (3)  Remove the weapon from the State."
 
 4      SECTION 2.  Section 134-9, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "§134-9 [Licenses] Permit to acquire pistols and revolvers;
 
 7 licenses to carry.(a)  In an exceptional case, when an
 
 8 applicant shows reason to fear injury to the applicant's person
 
 9 or property, the chief of police of the appropriate county may
 
10 grant a [license] permit to acquire a pistol or revolver, a
 
11 license to carry an unconcealed weapon, or a license to carry a
 
12 concealed weapon to an applicant who is a citizen of the United
 
13 States of the age of twenty-one years or more or to a duly
 
14 accredited official representative of a foreign nation of the age
 
15 of twenty-one years or more.  A license to carry a concealed
 
16 weapon shall authorize the licensee to carry a pistol or revolver
 
17 and ammunition therefor concealed on the person within the county
 
18 where the license is granted.  Where the urgency or the need has
 
19 been sufficiently indicated, the respective chief of police may
 
20 grant to an applicant of good moral character who is a citizen of
 
21 the United States of the age of twenty-one years or more, is
 
22 engaged in the protection of life and property, and is not
 
23 prohibited under section 134-7 from the ownership or possession
 

 
Page 4                                                     1828 
                                     H.B. NO.           
                                                        
                                                        

 
 1 of a firearm, a license to carry a pistol or revolver and
 
 2 ammunition therefor unconcealed on the person within the county
 
 3 where the license is granted.  Unless renewed, the license shall
 
 4 expire one year from the date of issue.
 
 5      (b)  The chief of police of each county shall adopt
 
 6 procedures to require that any person granted a permit to acquire
 
 7 a pistol or revolver, a license to carry an unconcealed weapon,
 
 8 or a license to carry a concealed weapon on the person shall:
 
 9      (1)  Be qualified to use the firearm in a safe manner;
 
10      (2)  Appear to be a suitable person to be so licensed;
 
11      (3)  Not be prohibited under section 134-7 from the
 
12           ownership or possession of a firearm; and
 
13      (4)  Not have been adjudged insane or not appear to be
 
14           mentally deranged.
 
15      (c)  No person shall acquire a pistol or revolver or carry
 
16 concealed or unconcealed on the person a pistol or revolver
 
17 without being permitted or licensed to do so under this section
 
18 or in compliance with section 134-6.
 
19      (d)  A fee of $10 shall be charged for each permit or
 
20 license and shall be deposited in the treasury of the county in
 
21 which the license is granted."
 
22      SECTION 3.  This Act does not affect rights and duties that
 
23 matured, penalties that were incurred, and proceedings that were
 
24 begun, before its effective date.
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 4.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 5.  This Act shall take effect on July 1, 2000.
 
 4 
 
 5                           INTRODUCED BY:  _______________________