SECTION 1. The legislature finds that to ensure the safety of the public it is crucial for persons permitted to carry a firearm in the State to have regular and robust training that ensures a thorough understanding of when and when not to use a firearm, how to de-escalate a dangerous situation, how to deal with an active shooter situation, how to engage with law enforcement, and demonstrate the safe use, operation, and storage of a firearm to ensure the safety of all.

The legislature recognizes that there is an inherent danger in operating a firearm. Data shows that it is often more likely to be stolen, misused, or used against the owner of the firearm or others, than used as intended for self-defense. In many events, the presence of a firearm has the potential to escalate conflict, violence, and fatalities. Too often, during an active shooter event, innocent bystanders are wounded or killed by gunfire intended to stop the active shooter, and persons carrying firearms who intend to stop an active shooter cannot be easily distinguished, by law enforcement, from active shooters.

The legislature believes that robust training in firearm use to prepare for chaotic situations, such as an active shooter event, can save lives. Further, laws that require de-escalation training will give members of the public confidence that those among them who may be permitted to carry a firearm in public are trained and capable of safe firearm use.

Finally, the legislature believes it is prudent for anyone carrying a firearm to also carry a non-lethal electric gun, also known as a taser, to ensure a non-lethal option to minimize the risk of unintended injuries or fatalities in difficult situations.

The purpose of this Act is to ensure public safety by improving the training of individuals who are licensed to carry handguns by:

(1) Requiring all individuals to undergo additional training before applying for or renewing a license to carry a handgun;

(2) Requiring any individual applying for or renewing a license to carry a handgun to undergo the same review as an individual applying for or renewing a license to carry a handgun;

(3) Reducing the term of a license to carry a handgun from one year to six months to ensure those permitted are properly trained at all times; and

(4) Requiring non-lethal electric guns, also known as tasers, to be carried when carrying a firearm.

SECTION 2. Section 134-2, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

"(g) Effective July 1, 1995, no person shall be issued a permit under this section for the acquisition of a pistol or revolver unless the person, at any time prior to the issuance of the permit, has completed:

(1) An approved hunter education course as authorized under section 183D-28;

(2) A firearms safety or training course or class available to the general public offered by a law enforcement agency of the State or of any county;

(3) A firearms safety or training course offered to law enforcement officers, security guards, investigators, deputy sheriffs, or any division or subdivision of law enforcement or security enforcement by a state or county law enforcement agency; [or]

(4) A firearms training or safety course or class conducted by a state certified or National Rifle Association certified firearms instructor or a certified military firearms instructor that provides, at a minimum, a total of at least two hours of firing training at a firing range and a total of at least four hours of classroom instruction, which may include a video, that focuses on:

(A) The safe use, handling, and storage of firearms and firearm safety in the home; and

(B) Education on the firearm laws of the State.

An affidavit signed by the certified firearms instructor who conducted or taught the course, providing the name, address, and phone number of the instructor and attesting to the successful completion of the course by the applicant shall constitute evidence of certified successful completion under this paragraph[.]; or

(5) A firearms training or safety course or class conducted by a state certified firearms instructor or a certified military firearms instructor that provides, at a minimum, all of the training of a safety course or class described in paragraph (4) and also provides a total of at least sixteen hours of additional training in:

(A) Properly carrying weapons in public;

(B) Situation de-escalation;

(D) The proper use of a weapon as a last resort.

SECTION 3. Section 134-9, Hawaii Revised Statutes, is amended to read as follows:

"§134-9 Licenses to carry. (a) In an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property, the chief of police of the appropriate county may grant a license to an applicant who is a citizen of the United States of the age of twenty-one years or more or to a duly accredited official representative of a foreign nation of the age of twenty-one years or more to carry a pistol or revolver and ammunition therefor concealed on the person within the county where the license is granted. Where the urgency or the need has been sufficiently indicated, the respective chief of police may grant to an applicant of good moral character who is a citizen of the United States of the age of twenty-one years or more, is engaged in the protection of life and property, and is not prohibited under section 134-7 from the ownership or possession of a firearm, a license to carry a pistol or revolver and ammunition therefor unconcealed on the person within the county where the license is granted. The chief of police of the appropriate county, or the chief's designated representative, shall perform an inquiry on an applicant by using the National Instant Criminal Background Check System, to include a check of the Immigration and Customs Enforcement databases where the applicant is not a citizen of the United States, before any determination to grant a license is made. Unless renewed, [~~the~~] a license issued pursuant to this section shall expire [~~one~~]:

(1) One year from the date of issue[.] if the license was issued on an initial or renewal basis before July 1, 2022; or

(2) Six months from the date of issue if the license was issued on an initial or renewal basis after June 30, 2022.

(b) The chief of police of each county shall adopt procedures to require that any person granted a license to carry a [~~concealed weapon~~] pistol or revolver and ammunition on the person shall:

(1) Be qualified to use the firearm in a safe manner[;], as evidenced by documentation showing successful completion by the person of a firearms safety or training course or class approved by the chief of police of the appropriate county and as described in section 134-2(g)(5); provided that the person shall have completed the course within thirty days before applying for or renewing a license;

(2) Appear to be a suitable person to be so licensed;

(3) Not be prohibited under section 134-7 from the ownership or possession of a firearm; [~~and~~]

(4) Not have been adjudged insane or not appear to be mentally deranged[.]; and

(5) Also carry on the person an electric gun, as defined in section 134-1, which is intended to be non-lethal by design, whenever the licensee carries a pistol or revolver pursuant to the license.

(c) If a licensee violates any requirement relating to the license, the chief of police who issued the license shall revoke the license.

[~~(c)~~] (d) No person shall carry concealed or unconcealed on the person a pistol or revolver without being licensed to do so under this section or in compliance with [~~sections~~] section 134-5(c) or section 134-25.

[~~(d)~~] (e) A fee of $10 shall be charged for each license and shall be deposited in the treasury of the county in which the license is granted."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2800
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII