REPORT TITLE:
Firearms; Registration


DESCRIPTION:
Provides for re-registration of firearms by mail; requires a
firearm owner to submit an affidavit attesting to the owner's
mental health condition; requires county police to issue firearm
owner identification cards upon registration/re-registration;
requires firearm owner identification card to be presented when
purchasing ammunition.  (SD1).

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2151
TWENTIETH LEGISLATURE, 2000                                S.D. 1
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.  The purpose of this Act is to provide for a
 
 2 continuing obligation on the part of a firearm owner to
 
 3 demonstrate, on a periodic basis, that the firearm owner
 
 4 continues to meet the requirements for firearm registration.
 
 5      SECTION 2.  Chapter 134, Hawaii Revised Statutes, is amended
 
 6 by adding two new sections to be appropriately designated and to
 
 7 read as follows:
 
 8      "§134-A  Firearms owner identification card.  (a) The chief
 
 9 of police of the respective counties shall issue firearms owner
 
10 identification cards to any person who has registered or re-
 
11 registered a firearm under section 134-3.
 
12      (b)  The format and information contained on the firearms
 
13 owner identification card shall be prescribed by the attorney
 
14 general and shall be uniform throughout the State; provided that
 
15 the card shall be approximately the same size as the Hawaii
 
16 drivers' license and shall be of a durable material and include,
 
17 at a minimum, the owner's name, address, sex, height, weight,
 
18 date of birth, recent photo and an expiration date.
 
19      (c)  The firearms owner identification card shall have an
 
20 expiration date of five years from the date issued.
 

 
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 1      §134-B  Sale of ammunition; proof of registration required.
 
 2 (a)  No person shall sell ammunition for any firearm required to 
 
 3 be registered or re-registered under section 134-3, except upon
 
 4 proof that the purchaser is the registered owner of the firearm
 
 5 for which the ammunition is being purchased.  Any person selling
 
 6 ammunition shall keep a written record of all sales of
 
 7 ammunition, including the name of the firearm owner, the firearms
 
 8 owner identification card number, and the type and quantity of
 
 9 ammunition purchased.
 
10      (b)  No person shall sell ammunition for any unregistered
 
11 rifle or shotgun acquired prior to July 1, 1994, except upon
 
12 proof that the purchaser complied with the registration
 
13 requirements under section 134-3.  Any person selling ammunition
 
14 shall keep a written record of all sales of ammunition, including
 
15 the name of the rifle or shotgun owner, the firearms owner
 
16 identification card number, and the type and quantity of
 
17 ammunition purchased.
 
18      (c)  Any person permitted to sell ammunition shall submit a
 
19 quarterly report of all ammunition sales transactions to the
 
20 chief of police of the respective county.
 
21      (d)  For the purposes of this section, presentation of a
 
22 firearms owner identification card issued pursuant to section
 
23 134-A shall constitute proof that the purchaser is the registered
 

 
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 1 owner of the firearm."
 
 2      SECTION 3.  Chapter 134, Hawaii Revised Statutes, is amended
 
 3 as follows:
 
 4      1.  By amending section 134-3 to read:
 
 5      "§134-3 Registration, mandatory, exceptions.(a)  Every
 
 6 person arriving in the State who brings or by any other manner
 
 7 causes to be brought into the State a firearm of any description,
 
 8 whether usable or unusable, serviceable or unserviceable, modern
 
 9 or antique, shall register the firearm within three days after
 
10 arrival of the person or of the firearm, whichever arrives later,
 
11 with the chief of police of the county of the person's place of
 
12 business or, if there is no place of business, the person's
 
13 residence or, if there is neither a place of business nor
 
14 residence, the person's place of sojourn.  A nonresident alien
 
15 may bring firearms not otherwise prohibited by law into the State
 
16 for a continuous period not to exceed ninety days; provided that
 
17 the person meets the registration requirement of this section and
 
18 the person possesses:
 
19      (1)  A valid Hawaii hunting license procured under chapter
 
20           183D, part II, or a commercial or private shooting
 
21           preserve permit issued pursuant to section 183D-34;
 
22      (2)  A written document indicating the person has been
 
23           invited to the State to shoot on private land; or
 

 
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 1      (3)  Written notification from a firing range or target
 
 2           shooting business indicating that the person will
 
 3           actually engage in target shooting.
 
 4 The nonresident alien shall be limited to a nontransferable
 
 5 registration of not more than ten firearms for the purpose of the
 
 6 above activities.
 
 7      (b)  Every person who acquires a firearm pursuant to section
 
 8 134-2 shall register the firearm in the manner prescribed by this
 
 9 section within five days of acquisition.  The registration shall
 
10 be on forms prescribed by the attorney general, which shall be
 
11 uniform throughout the State, and shall include the following
 
12 information:  name of the manufacturer and importer; model; type
 
13 of action; caliber or gauge; serial number; and source from which
 
14 receipt was obtained, including the name and address of the prior
 
15 registrant.  If the firearm has no serial number, the permit
 
16 number shall be entered in the space provided for the serial
 
17 number, and the permit number shall be engraved upon the receiver
 
18 portion of the firearm prior to registration.  All registration
 
19 data that would identify the individual registering the firearm
 
20 by name or address shall be confidential and shall not be
 
21 disclosed to anyone, except as may be required for processing the
 
22 registration or as may be required by a law enforcement agency
 
23 for the lawful performance of its duties or as may be required by
 

 
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 1 order of a court.
 
 2      (c)  Every person who has registered a firearm as required
 
 3 by this section shall demonstrate that the person continues to
 
 4 meet the requirements of this chapter for ownership or possession
 
 5 of the firearms so owned or possessed.  Beginning January 1,
 
 6 2001, in the month of the person's date of birth, the chief of
 
 7 police of the respective county shall mail a nonforwardable re-
 
 8 registration form to the last reported address of the firearm
 
 9 owner.  The firearm owner shall sign the re-registration form and
 
10 state that the firearm owner still resides at the address last
 
11 reported and that no other registration information as required
 
12 under section 134-2 has changed or shall provide the new
 
13 information, including all transactions involving the purchase,
 
14 transfer, theft, or misplacement of any firearm owned and
 
15 possessed.  The firearm owner shall also submit a waiver allowing
 
16 the chief of police to access any records that have a bearing on
 
17 the mental health of the firearm owner.  The firearm owner shall
 
18 mail the signed and completed re-registration form to the chief
 
19 of police of the appropriate county within ten working days after
 
20 receipt of the form.  Upon receipt of the re-registration form
 
21 and after verification of the information provided, the chief of
 
22 police shall mail a firearm owner identification card, as
 
23 provided under section 134-A, to the registered firearm owner
 

 
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 1 within thirty working days.
 
 2      [(c)] (d)  Dealers licensed under section 134-31 or dealers
 
 3 licensed by the United States Department of the Treasury shall
 
 4 register firearms pursuant to this section on registration forms
 
 5 prescribed by the attorney general and shall not be required to
 
 6 have the firearms physically inspected by the chief of police at
 
 7 the time of registration.
 
 8      [(d)] (e)  Registration shall not be required for:
 
 9      (1)  Any device that is designed to fire loose black powder
 
10           or that is a firearm manufactured before 1899;
 
11      (2)  Any device not designed to fire or made incapable of
 
12           being readily restored to a firing condition; or
 
13      (3)  All unserviceable firearms and destructive devices
 
14           registered with the Bureau of Alcohol, Tobacco, and
 
15           Firearms of the United States Department of the
 
16           Treasury pursuant to Title 27, Code of Federal
 
17           Regulations.
 
18      [(e)] (f)  No fee shall be charged for the registration."
 
19      2. By amending section 134-7 to read:
 
20      "§134-7 Ownership or possession prohibited, when; penalty.
 
21 (a)  No person who is a fugitive from justice shall own, possess,
 
22 or control any firearm or ammunition therefor.
 
23      (b)  No person who is under indictment for, or has waived
 

 
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 1 indictment for, or has been bound over to the circuit court for,
 
 2 or has been convicted in this State or elsewhere of having
 
 3 committed a felony, or any crime of violence, or an illegal sale
 
 4 of any drug shall own, possess, or control any firearm or
 
 5 ammunition therefor.
 
 6      (c)  No person who:
 
 7      (1)  Is or has been under treatment or counseling for
 
 8           addiction to, abuse of, or dependence upon any
 
 9           dangerous, harmful, or detrimental drug, intoxicating
 
10           compound as defined in section 712-1240, or
 
11           intoxicating liquor;
 
12      (2)  Has been acquitted of a crime on the grounds of mental
 
13           disease, disorder, or defect pursuant to section
 
14           704-411; or
 
15      (3)  Is or has been diagnosed as having a significant
 
16           behavioral, emotional, or mental disorders as defined
 
17           by the most current diagnostic manual of the American
 
18           Psychiatric Association or for treatment for organic
 
19           brain syndromes;
 
20 shall own, possess, or control any firearm, [or] ammunition,
 
21 [therefor,] or firearms owner identification card unless the
 
22 person has been medically documented to be no longer adversely
 
23 affected by the addiction, abuse, dependence, mental disease,
 

 
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 1 disorder, or defect.
 
 2      (d)  No person who is less than twenty-five years old and
 
 3 has been adjudicated by the family court to have committed a
 
 4 felony, two or more crimes of violence, or an illegal sale of any
 
 5 drug shall own, possess or control any firearm or ammunition
 
 6 therefor.
 
 7      (e)  No minor who:
 
 8      (1)  Is or has been under treatment for addiction to any
 
 9           dangerous, harmful, or detrimental drug, intoxicating
 
10           compound as defined in section 712-1240, or
 
11           intoxicating liquor;
 
12      (2)  Is a fugitive from justice; or
 
13      (3)  Has been determined not to have been responsible for a
 
14           criminal act or has been committed to any institution
 
15           on account of a mental disease, disorder, or defect;
 
16 shall own, possess, or control any firearm, [or] ammunition,
 
17 [therefor,] or firearms owner identification card unless the
 
18 minor has been medically documented to be no longer adversely
 
19 affected by the addiction, mental disease, disorder, or defect.
 
20      For the purposes of enforcing this section, and
 
21 notwithstanding section 571-84 or any other law to the contrary,
 
22 any agency within the State shall make its records relating to
 
23 family court adjudications available to law enforcement
 

 
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 1 officials.
 
 2      (f)  No person who has been restrained pursuant to an order
 
 3 of any court, including an ex parte order as provided in this
 
 4 subsection, from contacting, threatening, or physically abusing
 
 5 any person, shall possess or control any firearm, [or]
 
 6 ammunition, [therefor,] or firearms owner identification card so
 
 7 long as the protective order or any extension is in effect,
 
 8 unless the order, for good cause shown, specifically permits the
 
 9 possession of a firearm, [and] ammunition, and firearms owner
 
10 identification card.  The restraining order or order of
 
11 protection shall specifically include a statement that possession
 
12 or control of a firearm, [or] ammunition, or firearms owner
 
13 identification card by the person named in the order is
 
14 prohibited.  Such person shall relinquish possession and control
 
15 of any firearm, [and] ammunition, and firearms owner
 
16 identification card owned by that person to the police department
 
17 of the appropriate county for safekeeping for the duration of the
 
18 order or extension thereof.  In the case of an ex parte order,
 
19 the affidavit or statement under oath that forms the basis for
 
20 the order shall contain a statement of the facts that support a
 
21 finding that the person to be restrained owns, intends to obtain,
 
22 or possesses a firearm, and that the firearm may be used to
 
23 threaten, injure, or abuse any person.  The ex parte order shall
 

 
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 1 be effective upon service pursuant to section 586-6.  At the time
 
 2 of service of a restraining order involving firearms and
 
 3 ammunition issued by any court, the police officer may take
 
 4 custody of any and all firearms, [and] ammunition, and firearms
 
 5 owner identification card in plain sight, those discovered
 
 6 pursuant to a consensual search, and those firearms surrendered
 
 7 by the person restrained.  If the person restrained is the
 
 8 registered owner of a firearm and knows the location of the
 
 9 firearm but refuses to surrender the firearm or refuses to
 
10 disclose the location of the firearm, the person restrained shall
 
11 be guilty of a misdemeanor.  In any case, when a police officer
 
12 is unable to locate the firearms, [and] ammunition, and firearms
 
13 owner identification card either registered under this chapter or
 
14 known to the person granted protection by the court, the police
 
15 officer shall apply to the court for a search warrant pursuant to
 
16 chapter 803 for the limited purpose of seizing the firearm, [and]
 
17 ammunition, and firearms owner identification card.
 
18      For the purposes of this subsection, good cause shall not be
 
19 based solely upon the consideration that the person subject to
 
20 restraint pursuant to an order of any court, including an ex
 
21 parte order as provided for in this subsection, is required to
 
22 possess or carry firearms or ammunition during the course of
 
23 their employment.  Good cause consideration may include, but not
 

 
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 1 be limited to, the protection and safety of the person to whom a
 
 2 restraining order is granted.
 
 3      (g)  Any person disqualified from ownership, possession, or
 
 4 control of firearms, [and] ammunition, and firearms owner
 
 5 identification card by this chapter shall dispose of all
 
 6 firearms, [and] ammunition, and firearms owner identification
 
 7 card in compliance with this chapter.
 
 8      (h)  Any person violating subsection (a) or (b) shall be
 
 9 guilty of a class C felony; provided that any felon violating
 
10 subsection (b) shall be guilty of a class B felony.  Any person
 
11 violating subsection (c), (d), (e), (f), or (g) shall be guilty
 
12 of a misdemeanor.
 
13      (i)  Any person licensed under chapter 453 or 465 or
 
14 certified pursuant to section 321-193, who treats a patient for
 
15 any of the purposes listed in subsection (c)(1) to (c)(3), shall
 
16 forward the information to the chief of police of the respective
 
17 county.  The chief of police shall institute a cross check of
 
18 this information against firearms registration records to ensure
 
19 compliance with this section, and shall seize all firearms,
 
20 ammunition, and firearms owner identification card upon a
 
21 reasonable belief that the patient poses a risk to the safety and
 
22 welfare of the patient or the community."
 
23      3.  By amending section 134-17 to read:
 

 
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 1      "§134-17  Penalties.(a)  If any person gives false
 
 2 information or offers false evidence of the person's identity in
 
 3 complying with any of the requirements of this part, that person
 
 4 shall be guilty of a misdemeanor, provided, however that if any
 
 5 person intentionally gives false information or offers false
 
 6 evidence concerning their psychiatric or criminal history in
 
 7 complying with any of the requirements of this part, that person
 
 8 shall be guilty of a class C felony.
 
 9      (b)  Any person who violates section 134-3(a) shall be
 
10 guilty of a petty misdemeanor.  Any person who violates sections
 
11 134-3(b) and (c) shall be guilty of a petty misdemeanor and the
 
12 firearm shall be confiscated as contraband and disposed of, if
 
13 the firearm is not registered or re-registered within five days
 
14 of the person receiving notice of the violation.
 
15      (c)  Any person who violates section 134-2, 134-4, 134-10,
 
16 134-15, or 134-16(a) shall be guilty of a misdemeanor.  [Any
 
17 person who violates section 134-3(b) shall be guilty of a petty
 
18 misdemeanor and the firearm shall be confiscated as contraband
 
19 and disposed of, if the firearm is not registered within five
 
20 days of the person receiving notice of the violation.]"
 
21      4.  By amending section 134-18 to read:
 
22      "§134-18  Qualified immunity for physicians, psychologists,
 
23 or psychiatrists who provide information on permit applicants or
 

 


 

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 1 registered firearms owners.  There shall be no civil liability
 
 2 for any physician, psychologist, or psychiatrist who provides
 
 3 information or renders an opinion in response to an inquiry made
 
 4 for purposes of issuing a firearm permit under section 134-2 or
 
 5 for purposes of investigating the continuing mental health of the
 
 6 holder of a valid firearm permit under sections 134-3 and 134-7;
 
 7 provided that the physician, psychologist, or psychiatrist acted
 
 8 without malice."
 
 9      SECTION 4.  Chapter 323C, Hawaii Revised Statutes, is
 
10 amended by adding a new section to part IV to be appropriately
 
11 designated to read as follows:
 
12      "§323C-A  Disclosure for firearm permit and registration
 
13 purposes.  A health care provider or public health authority may
 
14 disclose protected health information relating to an individual's
 
15 mental health history to the appropriate county chief of police
 
16 for the purposes of evaluating the individual's request for a
 
17 permit to acquire a firearm or re-registration of a firearm
 
18 pursuant to sections 134-2 and 134-3; provided that the
 
19 individual has signed a waiver to that effect."
 
20      SECTION 5.  This Act does not affect rights and duties that
 
21 matured, penalties that were incurred, and proceedings that were
 
22 begun, before its effective date.
 
23      SECTION 6.  In codifying the new sections added by sections
 

 
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 1 2, 3 and 4, and referred to in sections 3 and 5 of this Act, the
 
 2 revisor of statutes shall substitute appropriate section numbers
 
 3 for the letters used in designating the new sections of this Act.
 
 4      SECTION 7.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 8.  This Act shall take effect upon approval;
 
 7 provided that section 134-B, Hawaii Revised Statutes, shall take
 
 8 effect on January 1, 2002.