SECTION 1. The legislature finds that in the case Steven Fotoudis vs. City and County of Honolulu, the United States District Court ruled section 134-2(d), Hawaii Revised Statutes, unconstitutional because it denied Fotoudis the opportunity to apply for a permit to acquire a firearm because he was a lawful permanent resident alien and not a United States citizen. This classification violated the equal protection clause of the United States Constitution, according to the Court, which found that Fotoudis must be allowed to apply for a permit to acquire a firearm and be evaluated "with no more or less scrutiny than would be applied to a citizen applicant." There has been no appeal to this ruling.

The legislature also finds that criminal background checks for firearm permit applicants are critical to ensure the safety of the community. The rap back system is a service of the Federal Bureau of Investigation's Criminal Justice Information Services that provides continuous criminal history monitoring for authorized government agencies, including law enforcement agencies, and notifies them when an individual subject to a criminal background check is arrested for a criminal offense anywhere in the country. This notification will allow the county police departments in Hawaii to evaluate if the firearm owner may continue to legally possess and own firearms.

The purpose of this Act is to amend the qualification requirements for acquiring firearms, including background check requirements, to allow lawful permanent residents to apply for a permit and to ensure the safety of the community.

SECTION 2. Section 134-2, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (d) to read:

"(d) The chief of police of the respective counties may issue permits to acquire firearms to citizens of the United States or lawful permanent residents of the age of twenty-one years or more, or duly accredited official representatives of foreign nations[, or duly commissioned law enforcement officers of the State who are aliens; provided that any law enforcement officer who is the owner of a firearm and who is an alien shall transfer ownership of the firearm within forty-eight hours after termination of employment from a law enforcement agency. The chief of police of each county may issue permits to aliens of the age of eighteen years or more for use of rifles and shotguns for a period not exceeding sixty days, upon a showing that the alien has first procured a hunting license under chapter 183D, part II. The chief of police of each county may issue permits to aliens of the age of twenty-one years or more for use of firearms for a period not exceeding six months, upon a showing that the alien is in training for a specific organized sport-shooting contest to be held within the permit period. The attorney general shall adopt rules, pursuant to chapter 91, as to what constitutes sufficient evidence that an alien is in training for a sport-shooting contest]. Notwithstanding any provision of the law to the contrary and upon joint application, the chief of police may issue permits to acquire firearms jointly to spouses who otherwise qualify to obtain permits under this section."

2. By amending subsection (e) to read:

"(e) The permit application form shall be signed by the applicant and by the issuing authority. One copy of the permit shall be retained by the issuing authority as a permanent official record. Except for sales to dealers licensed under section 134-31, or dealers licensed by the United States Department of Justice, or law enforcement officers, or where a license is granted under section 134-9, or where any firearm is registered pursuant to section 134-3(a), no permit shall be issued to an applicant earlier than fourteen calendar days after the date of the application; provided that a permit shall be issued or the application denied before the twentieth day from the date of application. Permits issued to acquire any pistol or revolver shall be void unless used within ten days after the date of issue. Permits to acquire a pistol or revolver shall require a separate application and permit for each transaction. Permits issued to acquire any rifle or shotgun shall entitle the permittee to make subsequent purchases of rifles or shotguns for a period of one year from the date of issue without a separate application and permit for each acquisition, subject to the disqualifications under section 134-7 and subject to revocation under section 134-13; provided that if a permittee is arrested for committing a felony or any crime of violence or for the illegal sale of any drug, the permit shall be impounded and shall be surrendered to the issuing authority. The issuing authority shall perform an inquiry on an applicant [~~who is a citizen of the United States by using the National Instant Criminal Background Check System~~] using the Criminal Justice Information Services, National Law Enforcement Telecommunications System including the Immigration Alien Query, National Crime Information Center, and National Instant Criminal Background Check System, and pursuant to section 846-2.7 before any determination to issue a permit or to deny an application is made. [If the applicant is not a citizen of the United States and may be eligible to acquire a firearm under this chapter, the issuing authority shall perform an inquiry on the applicant, by using the National Instant Criminal Background Check System, to include a check of the Immigration and Customs Enforcement databases, before any determination to issue a permit or to deny an application is made.]"

3. By amending subsection (i) to read:

"(i) No fee shall be charged for permits, or applications for permits, under this section, except for a single fee chargeable by and payable to the issuing county, for individuals applying for their first permit, in an amount equal to the fee [~~actually~~] charged for background checks by the [~~Federal Bureau of Investigation to the issuing police department for a fingerprint check in connection with that application or permit.~~] Hawaii criminal justice data center pursuant to section 846-2.7. In the case of a joint application, the fee provided for in this section may be charged to each person to whom no previous permit has been issued."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2631
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII