THE SENATE |
S.B. NO. |
123 |
THIRTY-SECOND LEGISLATURE, 2023 |
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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:
The purpose of this Act is to require firearm owners to timely report the loss, theft, or destruction of a firearm to law enforcement.
SECTION 2. Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§134- Reporting
of lost, stolen, or destroyed firearms.
(a) Every person or designee
shall report the loss, theft, or destruction of a firearm that the person owns
or possesses to the county police department of the county within which the
loss, theft, or destruction occurred, within forty-eight hours upon the
discovery of such loss, theft, or destruction.
Every person reporting the loss, theft, or destruction of a firearm
shall report, to the best of the person's knowledge,
accurate and factual information on the make, model, and serial number of
the firearm, if known by the person, and any additional relevant information
required by the county police department taking the report.
(b)
Upon the receipt of a report of a lost, stolen, or destroyed firearm,
the appropriate county police department shall enter into the National Crime
Information Center database, to the extent known, the caliber, make, model,
manufacturer, and serial number of the firearm and any other distinguishing
number or identification mark on the firearm.
(c)
No person shall knowingly make a false report to a county police department
that a firearm has been lost, stolen, or destroyed.
(d) If a person intentionally or knowingly
fails to report to the appropriate county police department the loss, theft, or
destruction of any firearm that the person owns or possesses, or falsely reports
the loss, theft, or destruction of a firearm, the person shall:
(1) Be guilty of a petty misdemeanor for
the first offense;
(2) Be guilty of a misdemeanor for the
second offense; and
(3) Be guilty of a misdemeanor for the
third or subsequent offense.
(e) Any person found guilty under subsection (d)(3)
shall:
(1) Have all firearm registrations
revoked;
(2) Surrender all firearms and
ammunition to the chief of police of the appropriate county within seven days
of disqualification; and
(3) Be prohibited from owning,
possessing, or registering any firearms.
If,
upon conviction, a person fails to voluntarily surrender all firearms and
ammunition as required by this subsection, the chief of police may seize all
firearms and ammunition.
(f)
For the purposes of this section, an incident that applies to multiple
firearms shall constitute a single offense if the offense pertaining to each
firearm arose from the same occurrence.
(g)
A person shall not be in violation of this section if:
(1) The
failure to report is due to an act of God, act of war, or inability of a county
police department to receive the report;
(2) The
person makes a good faith effort to comply with the requirements of this
section;
(3) The
person is hospitalized, in a coma, or is otherwise seriously physically or
mentally impaired so as to prevent the person from reporting; or
(4) The
person's designee makes a report because the person is unable to make the
report."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Firearms; Reporting Requirements; Penalties
Description:
Requires a person to report the person's lost, stolen, or destroyed firearms to the appropriate county police department. Establishes penalties for failure to report and false reporting.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.