REPORT TITLE:
Firearms; Protective Orders


DESCRIPTION:
Repeals good cause exemption for possession of firearms by a
person who is the subject of a restraining order. 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            594         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
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.  Act 189, Session Laws of Hawaii 1995, amended
 
 2 section 134-7(c), Hawaii Revised Statutes, to eliminate
 
 3 references to repealed sections relating to admission to the
 
 4 Waimano training school and hospital.  This amendment was to take
 
 5 effect on June 30, 1998.  Act 133, Session Laws of Hawaii 1998,
 
 6 postponed the date on which the amendment was to take effect to
 
 7 June 30, 1999.  To ensure that the amendments to section 134-7
 
 8 proposed in this Act are not inadvertently repealed on June 30,
 
 9 1999, the legislature finds it necessary to make identical
 
10 amendments to section 134-7(f) in two separate sections of this
 
11 Act, one of which takes effect upon approval and the other to
 
12 take effect on June 30, 1999.
 
13      SECTION 2.  Section 134-7, Hawaii Revised Statutes, is
 
14 amended by amending subsection (f) to read as follows:
 
15      "(f)  No person who has been restrained pursuant to an order
 
16 of any court, including an ex parte order as provided for
 
17 [herein,] in this subsection, from contacting, threatening, or
 
18 physically abusing any person, shall possess or control any
 

 
Page 2                                         594         
                                     H.B. NO.           
                                                        
                                                        

 
 1 firearm or ammunition therefor, so long as the protective order
 
 2 or any extension thereof is in effect[, unless the order, for
 
 3 good cause shown, specifically permits the possession of a
 
 4 firearm and ammunition].  The restraining order or order of
 
 5 protection shall specifically include a statement that possession
 
 6 or control of a firearm or ammunition by the person named in the
 
 7 order is prohibited.  Such person shall relinquish possession and
 
 8 control of any firearm and ammunition owned by that person to the 
 
 9 police department of the appropriate county for safekeeping for
 
10 the duration of the order or extension thereof.  In the case of
 
11 an ex parte order, the affidavit or statement under oath [which]
 
12 that forms the basis for the order shall contain a statement of
 
13 the facts [which] that support a finding that the person to be
 
14 restrained owns, intends to obtain, or possesses a firearm, and
 
15 that the firearm may be used to threaten, injure, or abuse any
 
16 person.  The ex parte order shall be effective upon service
 
17 pursuant to section 586-6.  At the time of service of a
 
18 restraining order involving firearms and ammunition issued by any
 
19 court, the police officer may take custody of any and all
 
20 firearms and ammunition in plain sight, those discovered pursuant
 
21 to a consensual search, and those firearms surrendered by the
 
22 person restrained.  If the person restrained is the registered
 

 
 
 
Page 3                                         594         
                                     H.B. NO.           
                                                        
                                                        

 
 1 owner of a firearm and knows the location of the firearm but
 
 2 refuses to surrender the firearm or refuses to disclose the
 
 3 location of the firearm, the person restrained shall be guilty of
 
 4 a misdemeanor.  In any case, when a police officer is unable to
 
 5 locate the firearms and ammunition either registered under this
 
 6 chapter or known to the person granted protection by the court,
 
 7 the police officer shall apply to the court for a search warrant
 
 8 pursuant to chapter 803 for the limited purpose of seizing the
 
 9 firearm and ammunition."
 
10      SECTION 3.  Section 134-7, Hawaii Revised Statutes, as
 
11 amended by Act 189, Session Laws of Hawaii 1995, and Act 133,
 
12 Session Laws of Hawaii 1998, is amended by amending subsection
 
13 (f) to read as follows:
 
14      "(f)  No person who has been restrained pursuant to an order
 
15 of any court, including an ex parte order as provided for
 
16 [herein,] in this subsection, from contacting, threatening, or
 
17 physically abusing any person, shall possess or control any
 
18 firearm or ammunition therefor, so long as the protective order
 
19 or any extension thereof is in effect[, unless the order, for
 
20 good cause shown, specifically permits the possession of a
 
21 firearm and ammunition].  The restraining order or order of
 
22 protection shall specifically include a statement that possession
 

 
 
 
Page 4                                         594         
                                     H.B. NO.           
                                                        
                                                        

 
 1 or control of a firearm or ammunition by the person named in the
 
 2 order is prohibited.  Such person shall relinquish possession and
 
 3 control of any firearm and ammunition owned by that person to the
 
 4 police department of the appropriate county for safekeeping for
 
 5 the duration of the order or extension thereof.  In the case of
 
 6 an ex parte order, the affidavit or statement under oath [which]
 
 7 that forms the basis for the order shall contain a statement of
 
 8 the facts [which] that support a finding that the person to be
 
 9 restrained owns, intends to obtain, or possesses a firearm, and
 
10 that the firearm may be used to threaten, injure, or abuse any
 
11 person.  The ex parte order shall be effective upon service
 
12 pursuant to section 586-6.  At the time of service of a
 
13 restraining order involving firearms and ammunition issued by any
 
14 court, the police officer may take custody of any and all
 
15 firearms and ammunition in plain sight, those discovered pursuant
 
16 to a consensual search, and those firearms surrendered by the
 
17 person restrained.  If the person restrained is the registered
 
18 owner of a firearm and knows the location of the firearm but
 
19 refuses to surrender the firearm or refuses to disclose the
 
20 location of the firearm, the person restrained shall be guilty of
 
21 a misdemeanor.  In any case, when a police officer is unable to
 
22 locate the firearms and ammunition either registered under this
 

 
 
 
Page 5                                         594         
                                     H.B. NO.           
                                                        
                                                        

 
 1 chapter or known to the person granted protection by the court,
 
 2 the police officer shall apply to the court for a search warrant
 
 3 pursuant to chapter 803 for the limited purpose of seizing the
 
 4 firearm and ammunition."
 
 5      SECTION 4.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 5.  This Act shall take effect upon its approval,
 
 8 except that section 3 shall take effect on June 30, 1999.
 
 9 
 
10                           INTRODUCED BY:_________________________