Bill Text: HI HB625 | 2015 | Regular Session | Introduced
Bill Title: Firearms Possession; Misdemeanor Stalking and Sexual Assault
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2015-01-28 - Referred to JUD, referral sheet 2 [HB625 Detail]
Download: Hawaii-2015-HB625-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
625 |
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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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that section 134-7, Hawaii Revised Statutes, as a matter of public safety, prohibits the possession of firearms and ammunition by criminal offenders who have committed any felony, a crime of violence, or the illegal sale of drugs; substance abusers; persons diagnosed with a mental or emotional disorder; and persons who are subject to a restraining order or protective order. However, the prohibition does not expressly apply to perpetrators of certain misdemeanor offenses, such as stalking, who may pose a significant risk of harm to others if allowed to possess firearms. A study of female murder victims in ten cities published in 1999 found that seventy-six per cent of women murdered and eighty-five per cent of women who survived a murder attempt by a current or former intimate partner experienced stalking in the year preceding the murder. This data demonstrates that while stalking may appear to be low-level, nonviolent behavior, it is often the first step in an escalating course of conduct that too often results in murder.
The legislature further finds that stalking and related acts of domestic abuse have been linked with gun violence. According to the Johns Hopkins Center for Gun Policy and Research, having a gun in the home increases the risk of homicide of an intimate partner by eight times compared to households without guns and by twenty times when there is a history of domestic violence in the family. In United States v. Castleman, 134 S.Ct. 1405 (2014), the United States Supreme Court noted that "Congress enacted [the misdemeanor domestic violence gun ban], in light of these sobering facts, to 'close a dangerous loophole' in the gun control laws: While felons had long been barred from possessing guns, many perpetrators of domestic violence are convicted only of misdemeanors." Currently, at least eleven states bar some or all individuals convicted of misdemeanor stalking from possessing firearms.
The purpose of this Act is to enhance protections against gun violence committed by individuals with a history of dangerous behavior, by including misdemeanor stalking and sexual assault among the offenses that disqualify a person from owning, possessing, or controlling any firearm or ammunition.
SECTION 2. Section 134-7, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (b) to read:
"(b) No person who is under indictment
for, or has waived indictment for, or has been bound over to the circuit court
for, or has been convicted in this State or elsewhere of having committed [a]:
(1) A felony[, or any];
(2) Any crime of violence[, or an];
(3) Sexual assault in the fourth degree under section 707-733 or a comparable offense under the laws of another jurisdiction;
(4) Harassment by stalking under section 711-1106.5 or a comparable offense under the laws of another jurisdiction; or
(5) An illegal sale of any drug,
shall own, possess, or control any firearm or ammunition therefor."
2. By amending subsection (d) to read:
"(d) No person who is less than
twenty-five years old and has been adjudicated by the family court to have
committed [a]:
(1) A felony[, two];
(2) Two or more crimes of violence[,
or an];
(3) Sexual assault in the fourth degree under section 707-733 or a comparable offense under the laws of another jurisdiction;
(4) Harassment by stalking under section 711-1106.5 or a comparable offense under the laws of another jurisdiction; or
(5) An illegal sale of any drug,
shall own, possess or control any firearm or ammunition therefor."
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.
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INTRODUCED BY: |
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Report Title:
Firearms Possession; Misdemeanor Stalking and Sexual Assault
Description:
Includes misdemeanor stalking and sexual assault among the offenses that disqualify a person from owning, possessing, or controlling any firearm or ammunition.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
