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HOUSE OF REPRESENTATIVES |
H.B. NO. |
402 |
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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 possession.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 134-7, Hawaii Revised Statutes, is amended by amending subsection (f) and (g) to read as follows:
"(f) No person who has
been restrained pursuant to an order of any court, including an ex parte order
as provided in this subsection, 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 restraining order or
order of protection 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. [Such] 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. In the case of an ex parte
order, the affidavit or statement under oath that forms the basis for the order
shall contain a statement of the facts that support a finding that the person
to be restrained owns, intends to obtain or to transfer ownership of, or
possesses a firearm, and that the firearm may be used to threaten, injure, or
abuse any person. The ex parte order shall be effective upon service pursuant
to section 586-6. [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 restraining
order involving firearms and ammunition issued by any court], the 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, including an
ex parte order as provided for in this subsection, 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 2. Section 134-7.3, Hawaii Revised Statutes, is amended by amending subsections (a), (b), and (c) 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) 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 thirty days 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 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, for a person subject to section 134-7(f),
"dispose" shall not include transferring ownership of the firearms to
any person who meets the requirements of section 134-2]."
SECTION 3. 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 4. Section 806-11, Hawaii Revised Statutes, is amended by amending subsections (a), (b), and (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 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. 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 and 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.