Bill Text: HI HB2629 | 2016 | Regular Session | Amended
Bill Title: Criminal History Record Checks; Police; Permits to Acquire Firearms; Firearm Registration; Rap Back System
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Enrolled - Dead) 2016-04-19 - Received notice of appointment of House conferees (Hse. Com. No. 611). [HB2629 Detail]
Download: Hawaii-2016-HB2629-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2629 |
|
TWENTY-EIGHTH LEGISLATURE, 2016 |
H.D. 2 |
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO CRIMINAL HISTORY RECORD CHECKS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that criminal background checks on firearms applicants are critical to ensure the safety of the community.
The rap back system is a service of the Federal Bureau of Investigation that provides continuous criminal record 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 county police departments in Hawaii to evaluate if the owner of a firearm may continue to legally possess and own firearms.
The purpose of this Act is to authorize county police departments in Hawaii to enroll firearms applicants and individuals who are registering their firearms into the rap back system.
SECTION 2. Section 134-2, Hawaii Revised Statutes, is amended as follows:
1. 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] a criminal history record check
on an applicant [who is a citizen of the United States by using the National
Instant Criminal Background Check System] by using the International
Justice and Public Safety Network, including the United States Immigration and
Customs Enforcement query, the National Crime Information Center, and the National
Instant Criminal Background Check System, 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.]"
2. 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
criminal history record 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. Section 134-3, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) Every person arriving in the State who brings or by any other manner causes to be brought into the State a firearm of any description, whether usable or unusable, serviceable or unserviceable, modern or antique, shall register the firearm within five days after arrival of the person or of the firearm, whichever arrives later, with the chief of police of the county of the person's place of business or, if there is no place of business, the person's residence or, if there is neither a place of business nor residence, the person's place of sojourn. A nonresident alien may bring firearms not otherwise prohibited by law into the State for a continuous period not to exceed ninety days; provided that the person meets the registration requirement of this section and the person possesses:
(1) A valid Hawaii hunting license procured under chapter 183D, part II, or a commercial or private shooting preserve permit issued pursuant to section 183D-34;
(2) A written document indicating the person has been invited to the State to shoot on private land; or
(3) Written notification from a firing range or target shooting business indicating that the person will actually engage in target shooting.
The nonresident alien shall be limited to a nontransferable registration of not more than ten firearms for the purpose of the above activities.
Every person registering a firearm under this
subsection shall be fingerprinted and photographed by the police department of
the county of registration; provided that this requirement shall be waived
where fingerprints and photographs are already on file with the police
department. The police department shall perform [an inquiry] a
criminal history record check on the person by using the [National
Instant Criminal Background Check System] International Justice and
Public Safety Network, including the United States Immigration and Customs
Enforcement query, the National Crime Information Center, and the National
Instant Criminal Background Check System, pursuant to section 846-2.7
before any determination to register a firearm is made."
2. By amending subsection (e) to read:
"(e) No fee shall be charged for the
registration of a firearm under this section, except for a fee chargeable by
and payable to the registering county for persons registering a firearm under
subsection (a), in an amount equal to the fee [actually] charged for
criminal history record checks by the [Federal Bureau of Investigation
to the registering police department for a fingerprint check in connection with
the registration.] Hawaii criminal justice data center pursuant to
section 846-2.7. In the case of a joint registration, the fee provided for
in this section may be charged to each person."
SECTION 4. Section 846-2.7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Criminal history record checks may be conducted by:
(1) The department of health or its designee on operators of adult foster homes for individuals with developmental disabilities or developmental disabilities domiciliary homes and their employees, as provided by section 321-15.2;
(2) The department of health or its designee on prospective employees, persons seeking to serve as providers, or subcontractors in positions that place them in direct contact with clients when providing non-witnessed direct mental health or health care services as provided by section 321-171.5;
(3) The department of health or its designee on all applicants for licensure or certification for, operators for, prospective employees, adult volunteers, and all adults, except adults in care, at health care facilities as defined in section 321-15.2;
(4) The department of education on employees, prospective employees, and teacher trainees in any public school in positions that necessitate close proximity to children as provided by section 302A-601.5;
(5) The counties on employees and prospective employees who may be in positions that place them in close proximity to children in recreation or child care programs and services;
(6) The county liquor commissions on applicants for liquor licenses as provided by section 281-53.5;
(7) The county liquor commissions on employees and prospective employees involved in liquor administration, law enforcement, and liquor control investigations;
(8) The department of human services on operators and employees of child caring institutions, child placing organizations, and foster boarding homes as provided by section 346-17;
(9) The department of human services on prospective adoptive parents as established under section 346‑19.7;
(10) The department of human services on applicants to operate child care facilities, prospective employees of the applicant, and new employees of the provider after registration or licensure as provided by section 346-154;
(11) The department of human services on persons exempt pursuant to section 346-152 to be eligible to provide child care and receive child care subsidies as provided by section 346-152.5;
(12) The department of health on operators and employees of home and community-based case management agencies and operators and other adults, except for adults in care, residing in community care foster family homes as provided by section 321-15.2;
(13) The department of human services on staff members of the Hawaii youth correctional facility as provided by section 352-5.5;
(14) The department of human services on employees, prospective employees, and volunteers of contracted providers and subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office or the Hawaii youth correctional facility as provided by section 352D-4.3;
(15) The judiciary on employees and applicants at detention and shelter facilities as provided by section 571-34;
(16) The department of public safety on employees and prospective employees who are directly involved with the treatment and care of persons committed to a correctional facility or who possess police powers including the power of arrest as provided by section 353C-5;
(17) The board of private detectives and guards on applicants for private detective or private guard licensure as provided by section 463-9;
(18) Private schools and designated organizations on employees and prospective employees who may be in positions that necessitate close proximity to children; provided that private schools and designated organizations receive only indications of the states from which the national criminal history record information was provided pursuant to section 302C-1;
(19) The public library system on employees and prospective employees whose positions place them in close proximity to children as provided by section 302A‑601.5;
(20) The State or any of its branches, political subdivisions, or agencies on applicants and employees holding a position that has the same type of contact with children, vulnerable adults, or persons committed to a correctional facility as other public employees who hold positions that are authorized by law to require criminal history record checks as a condition of employment as provided by section 78-2.7;
(21) The department of health on licensed adult day care center operators, employees, new employees, subcontracted service providers and their employees, and adult volunteers as provided by section 321-15.2;
(22) The department of human services on purchase of service contracted and subcontracted service providers and their employees serving clients of the adult protective and community services branch, as provided by section 346-97;
(23) The department of human services on foster grandparent program, senior companion program, and respite companion program participants as provided by section 346-97;
(24) The department of human services on contracted and subcontracted service providers and their current and prospective employees that provide home and community-based services under section 1915(c) of the Social Security Act, title 42 United States Code section 1396n(c), or under any other applicable section or sections of the Social Security Act for the purposes of providing home and community-based services, as provided by section 346-97;
(25) The department of commerce and consumer affairs on proposed directors and executive officers of a bank, savings bank, savings and loan association, trust company, and depository financial services loan company as provided by section 412:3-201;
(26) The department of commerce and consumer affairs on proposed directors and executive officers of a nondepository financial services loan company as provided by section 412:3-301;
(27) The department of commerce and consumer affairs on the original chartering applicants and proposed executive officers of a credit union as provided by section 412:10-103;
(28) The department of commerce and consumer affairs on:
(A) Each principal of every non-corporate applicant for a money transmitter license; and
(B) The executive officers, key shareholders, and managers in charge of a money transmitter's activities of every corporate applicant for a money transmitter license,
as provided by sections 489D-9 and 489D‑15;
(29) The department of commerce and consumer affairs on applicants for licensure and persons licensed under title 24;
(30) The Hawaii health systems corporation on:
(A) Employees;
(B) Applicants seeking employment;
(C) Current or prospective members of the corporation board or regional system board; or
(D) Current or prospective volunteers, providers, or contractors,
in any of the corporation's health facilities as provided by section 323F-5.5;
(31) The department of commerce and consumer affairs on:
(A) An applicant for a mortgage loan originator license; and
(B) Each control person, executive officer, director, general partner, and manager of an applicant for a mortgage loan originator company license,
as provided by chapter 454F;
(32) The state public charter school commission or public charter schools on employees, teacher trainees, prospective employees, and prospective teacher trainees in any public charter school for any position that places them in close proximity to children, as provided in section 302D-33;
(33) The counties on prospective employees who work with children, vulnerable adults, or senior citizens in community-based programs;
(34) The counties on prospective employees for fire department positions which involve contact with children or vulnerable adults;
(35) The counties on prospective employees for emergency medical services positions which involve contact with children or vulnerable adults;
(36) The counties on prospective employees for emergency management positions and community volunteers whose responsibilities involve planning and executing homeland security measures including viewing, handling, and engaging in law enforcement or classified meetings and assisting vulnerable citizens during emergencies or crises;
(37) The State and counties on employees, prospective employees, volunteers, and contractors whose position responsibilities require unescorted access to secured areas and equipment related to a traffic management center;
(38) The State and counties on employees and prospective employees whose positions involve the handling or use of firearms for other than law enforcement purposes;
(39) The State and counties on current and prospective systems analysts and others involved in an agency's information technology operation whose position responsibilities provide them with access to proprietary, confidential, or sensitive information;
(40) The department of commerce and consumer affairs on applicants for real estate appraiser licensure or certification as provided by chapter 466K;
(41) The department of health or its designee on all
license applicants, licensees, employees, contractors, and prospective
employees of medical marijuana dispensaries, and individuals permitted to enter
and remain in medical marijuana dispensary facilities as provided under
sections 329D-15(a)(4) and 329D‑16(a)(3); [and]
(42) The county police departments on applicants for permits to acquire firearms pursuant to section 134-2 and on individuals registering their firearms pursuant to section 134-3; and
[(42)] (43) Any
other organization, entity, or the State, its branches, political subdivisions,
or agencies as may be authorized by state law."
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 on July 1, 2050.
Report Title:
Criminal History Record Checks; Police; Permits to Acquire Firearms; Firearm Registration; Rapback System
Description:
Authorizes county police departments to enroll firearms applicants and individuals who are registering their firearms into a criminal record monitoring service used to alert police when an owner of a firearm is arrested for a criminal offense anywhere in the country. (HB2629 HD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
