Bill Text: HI HB984 | 2024 | Regular Session | Amended
Bill Title: Relating To Firearms.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [HB984 Detail]
Download: Hawaii-2024-HB984-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
984 |
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THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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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 clarify, revise, and update Hawaii's firearms laws to mitigate the serious hazards to public health, safety, and welfare associated with firearms and gun violence, while respecting and protecting the lawful exercise of individual rights. To accomplish this purpose, this Act amends and enacts requirements and processes for obtaining a license to carry a firearm, updates criteria governing when firearm ownership, possession, or control is prohibited, defines locations and premises within the State where carrying or possessing a firearm is prohibited, prohibits leaving an unsecured firearm in a vehicle unattended, and enacts, amends, and clarifies other provisions relating to firearms.
This Act also respects the right of private individuals and entities to choose for themselves whether to allow or restrict the carrying of firearms on their property by providing that firearms shall not be carried on private property open to the public without the express authorization of the owner, lessee, operator, or manager of the property. Recognizing the risks to public health, safety, and welfare associated with firearms and gun violence, and based on the legislature's assessment of public sentiment and broadly shared preferences within the State, this Act establishes a default rule with respect to carrying firearms on private property open to the public that provides for private entities to "opt-in" to authorize the public carry of firearms on their property.
SECTION 2. Chapter 134, Hawaii Revised Statutes, is amended by adding six new sections to part I to be appropriately designated and to read as follows:
"§134-A Carrying or possessing a firearm in certain locations and premises prohibited; penalty. (a) It shall be unlawful for a person to intentionally, knowingly, or recklessly carry or possess a loaded or unloaded firearm, whether the firearm is operable or not, and whether the firearm is concealed or unconcealed, while in any of the following locations and premises within the State:
(1) Any building or office owned,
leased, or used by the State or a county, and adjacent grounds and parking
areas, including any portion of a building or office used for court
proceedings, legislative business, contested case hearings, agency rulemaking,
or other activities of state or county government;
(2) Any public or private hospital,
mental health facility, nursing home, clinic, medical office, urgent care
facility, or other place at which medical or health services are customarily
provided, including adjacent parking areas;
(3) Any adult or juvenile detention or
correctional facility, prison, or jail, including adjacent parking areas;
(4) Any bar or restaurant serving
alcohol or intoxicating liquor as defined in section 281-1 for consumption on
the premises, including adjacent parking areas;
(5) Any stadium, movie theater, or
concert hall, or any place at which a professional, collegiate, high school,
amateur, or student sporting event is being held, including adjacent parking
areas;
(6) Any public library and adjacent
parking areas, including all public library property, buildings, facilities,
meeting rooms, and spaces used for community programming;
(7) The campus or premises of any public
or private community college, college, or university, and adjacent parking
areas, including buildings, classrooms, laboratories, artistic venues, research
facilities, and athletic fields or venues;
(8) The campus or premises of any
public school, charter school, private school, preschool, summer camp, or
childcare facility, including adjacent parking areas;
(9) Any beach, playground, park, or
adjacent parking area, including any state park, state monument, county park,
or other public park, but not including an authorized target range or shooting
complex;
(10) Any shelter, residential, or
programmatic facility operated by a government entity or a charitable
organization serving unhoused persons, victims of domestic violence, or
children, including children involved in the juvenile justice system, and
including adjacent parking areas;
(11) Any voting service center or other
polling place, including adjacent parking areas;
(12) The premises of any bank or
financial institution, including adjacent parking areas;
(13) Any place, facility, or vehicle used
for public transportation or public transit, and adjacent parking areas,
including buses, paratransit vans, bus shelters and terminals (but not
including bus stops located on public sidewalks), trains, rail stations, and
airports;
(14) Any amusement park, aquarium,
carnival, circus, fair, museum, water park, or zoo, including adjacent parking
areas; or
(15) Any public
gathering, public assembly, or special event conducted on property open to
the public, including any demonstration, march, rally, vigil, protest,
picketing, or other public assembly, that requires the issuance of a permit
from a federal, state, or local government, and the sidewalk or street
immediately adjacent to the public gathering, public assembly, or special event,
and any space within one thousand feet from the public gathering, public
assembly, or special event; provided that there are signs clearly and
conspicuously posted at visible places along the perimeter of the public
gathering, public assembly, or special event.
(b) This section shall not
apply to a person in an exempt category identified in section 134-11(a). It shall be an affirmative defense to any
prosecution under this section that a person is:
(1) Carrying or possessing an unloaded firearm
in a police station in accordance with section 134-23(a)(6), 134-24(a)(6), or
134-25(a)(6);
(2) Carrying or possessing an unloaded
firearm at an organized, scheduled firearms show or exhibit;
(3) Lawfully carrying or possessing a
firearm for hunting in compliance with section 134-5;
(4) A private security officer expressly
authorized to carry or possess a weapon in a location or premises listed in
subsection (a) by the owner, lessee, operator, or manager of the location or
premises; provided that the private security officer is acting within the
private security officer's scope of employment;
(5) Carrying
or possessing an unloaded firearm in a courthouse for evidentiary purposes with
the prior express authorization of the court;
(6) Lawfully
present within the person's own home, other than a college or university
dormitory or shelter or residential facility serving unhoused persons or
victims of domestic violence;
(7) Carrying
or possessing a firearm pursuant to a license issued
under section 134-9 or in accordance with title 18 United States Code
section 926B or 926C in the immediate area surrounding the person's vehicle
within a parking area for the limited purpose of storing or retrieving the
firearm; or
(8) Possessing a firearm in an airport
or any place, facility, or vehicle used for public transportation or public
transit; provided that the firearm is unloaded and in a locked hard-sided
container for the purpose of transporting the firearm.
(c) The presence of a person in any location or
premises listed in subsection (a) shall be prima facie evidence that the person
knew it was a location or premises listed in subsection (a).
(f) Any person who violates this section shall be
guilty of a misdemeanor.
§134-B Duty to maintain possession of license while carrying a firearm; duty to disclose; penalty. (a) A person carrying a firearm pursuant to a license issued under section 134-9 or in accordance with title 18 United States Code section 926B or 926C shall have in the person's immediate possession:
(1) The license issued under section
134-9 or credentials as required under title 18 United States Code section 926B
or 926C; and
(2) Documentary evidence that the
firearm being carried is registered under this chapter,
and
shall, upon request from a law enforcement officer, present the license or
credentials and evidence of registration.
(b) When a person carrying a firearm, including a
person carrying a firearm pursuant to a license issued under section 134-9 or
in accordance with title 18 United States Code section 926B or 926C, is stopped
by a law enforcement officer or is a driver or passenger in a vehicle stopped
by a law enforcement officer, the person carrying a firearm shall immediately disclose to the law enforcement officer that
the person is carrying a firearm, and shall, upon request:
(1) Identify
the specific location of the firearm; and
(2) Present to the law enforcement
officer a license to carry a firearm issued under section 134-9 or credentials
as required under title 18 United States Code section 926B or 926C.
(c) Any person who violates this section shall be
guilty of a petty misdemeanor.
(b) For purposes of this section, "safe
storage depository" means a safe or other secure impact- and
tamper-resistant container that, when locked, is incapable of being opened
without a key, keypad, combination, or other unlocking mechanism and is capable
of preventing an unauthorized person from obtaining access to or possession of
the firearm contained therein. A
vehicle's trunk or glove box alone, even if locked, is not a safe storage
depository.
(c) This section shall not apply to a person in
an exempt category identified in section 134-11(a).
(d) Any person who
violates subsection (a) shall be guilty of a misdemeanor.
§134-D Unlawful conduct while carrying a
firearm; penalty. (a) A person who is carrying a firearm, including
any person who is carrying a firearm
pursuant to a license issued under section 134-9 or in accordance with title 18
United States Code section 926B or 926C, shall not:
(1) Consume alcohol or intoxicating
liquor;
(2) Consume a controlled substance;
(3) Be under the influence of alcohol or
intoxicating liquor; or
(4) Be under the influence of a
controlled substance.
(b) As used in this section, the following definitions
shall apply:
"Alcohol"
and "intoxicating liquor" shall have the same meaning as in section
281-1.
"Controlled
substance" means a drug, substance, or immediate precursor in schedules I
through III of part II of chapter 329.
(c) Any person who violates this section shall be
guilty of a misdemeanor.
§134-E Carrying or
possessing a firearm on private property open to the public without
authorization; penalty. (a) A person shall not
intentionally, knowingly, or recklessly enter or remain on private property
open to the public while carrying or possessing a loaded or unloaded firearm,
whether the firearm is operable or not, and whether the firearm is concealed or
unconcealed, unless the person has been given express authorization to carry or
possess a firearm on the property by the owner, lessee, operator, or manager of
the property.
(b) For purposes of this section, "private
property open to the public" means any place to which the public is
invited or permitted and any area within any building available for use by or
accessible to the public during the normal course of business conducted therein
by private entities, including retail stores and shopping malls, but not including
private residences.
(c) For purposes of this section, express
authorization to carry or possess a firearm on private property open to the
public shall be signified by:
(1) Unambiguous written or verbal
authorization; or
(2) The posting of clear and conspicuous
signage,
by the
owner, lessee, operator, or manager of the property, indicating that carrying
or possessing a firearm is authorized.
(d) For purposes of this section, carrying a
firearm includes carrying a firearm pursuant to a license issued under section
134-9 and carrying a firearm in accordance with title 18 United States Code
section 926B or 926C.
(e) This section shall not apply to a person in
an exempt category identified in section 134-11(a).
(f) Any person who violates this section shall be
guilty of a misdemeanor.
§134-F Annual report on licenses to carry. (a)
No later than April 1, 2024, and
April 1 of each year thereafter, the department of the attorney general shall
publish a report on its publicly available website that includes:
(1) The
number of licenses to carry applied for, issued, revoked, and denied, further
categorized by the age, sex, race, and county of residence of each applicant or
licensee;
(2) The
specific reasons for each revocation and denial;
(3) Analysis
of denials based on applicants' failure to meet the standards of section
134-9(d), and recommendations to remedy any disparities in denial rates by age,
sex, or race; and
(4) The
number of appeals and appeals granted.
(b) No later than February 1 of each year, the chief of police of each county shall supply the department of the attorney general with the data the department requires to complete the report under subsection (a)."
SECTION 3. Chapter 706, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§706- Enhanced
sentencing for carrying or possessing a firearm in certain locations and
premises. Notwithstanding any other law to the
contrary, the court shall sentence a person convicted of an offense under
section 134-A who was not licensed under section 134-9 or exempt pursuant to
section 134‑11(a) at the time of the offense to ."
SECTION 4. Section 134-1, Hawaii Revised Statutes, is amended as follows:
1. By adding three new definitions to be appropriately inserted and to read:
""Concealed"
means, in relation to a firearm, that the firearm is entirely hidden from view
of the public and not discernible by ordinary observation, in a manner that a
reasonable person without law enforcement training would be unable to detect
the presence of the firearm.
"Criminal
offense relating to firearms" means:
(1) Any criminal offense under this chapter;
(2) Criminally negligent storage of a firearm under section 707-714.5; and
(3) Any other criminal offense under federal or state law or the law of another state, a United States territory, or the District of Columbia that has as an element of the offense the use, attempted use, threatened use, or possession of a firearm.
"Unconcealed"
means not concealed."
2. By amending the definition of "crime of violence" to read:
""Crime
of violence" means [any]:
(1) Any offense[, as defined in
title 37,] under federal or state law or the law of another state, a
United States territory, or the District of Columbia that [involves
injury] has as an element of the offense the:
(A) Injury or threat of injury to
the person of another[, including sexual]; or
(B) Use, attempted use, or threatened use of physical force against the person or property of another or the creation of a substantial risk of causing bodily injury;
(2) Reckless endangering in the second
degree under section 707-714;
(3) Terroristic threatening in the
second degree under section 707-717;
(4) Sexual assault in the fourth
degree under section 707-733 [and harassment];
(5) Endangering the welfare of a minor
in the second degree under section 709-904;
(6) Harassment under section 711-1106;
(7) Harassment by stalking under
section 711-1106.5[.];
(8) Criminal solicitation under section
705-510; provided that the solicitation was for a crime described or listed in
paragraphs (1) to (7);
(9) Criminal conspiracy under section
705-520; provided that the conspiracy was for a crime described or listed in
paragraphs (1) to (7); and
(10) Offenses under federal law, or the
law of another state, a United States territory, or the District of Columbia,
that are comparable to the offenses described or listed in paragraphs (1) to
(9)."
SECTION 5. Section 134-2, Hawaii Revised Statutes, is amended to read as follows:
"§134-2 Permits
to acquire. (a) No person shall acquire the ownership of a
firearm, whether usable or unusable, serviceable or unserviceable, modern or
antique, registered under prior law or by a prior owner or unregistered, either
by purchase, gift, inheritance, bequest, or in any other manner, whether
procured in the State or imported by mail, express, freight, or otherwise,
until the person has first procured from 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 place of business nor residence, the
person's place of sojourn, a permit to acquire the ownership of a firearm as prescribed
in this section. When title to any
firearm is acquired by inheritance or bequest, the foregoing permit shall be
obtained before taking possession of [a] the firearm; provided
that upon presentation of a copy of the death certificate of the owner making
the bequest, any heir or legatee may transfer the inherited or bequested
firearm directly to a dealer licensed under section 134-31 or licensed by the
United States Department of Justice without complying with the requirements of
this section.
(b) The permit application form shall [include
the]:
(1) Include:
(A) The applicant's name, address, [sex,]
gender, height, weight, date of birth, place of birth, country of
citizenship, social security number, alien or admission number[, and
information];
(B) Information regarding the
applicant's mental health history;
(C) Any aliases or other names
previously used by the applicant;
(D) Information that is or may be
relevant in determining whether the applicant is disqualified under section
134-7 from the ownership, possession, or control of a firearm; and
(E) Information that is or may be
relevant in determining whether the applicant lacks the essential character or
temperament necessary to be entrusted with a firearm as set forth in subsection
(e); and [shall require]
(2) Require the fingerprinting and
photographing of the applicant by the police department of the county of
registration; provided that where fingerprints and a photograph are already on
file with the department, these may be waived.
(c) An applicant for a permit shall [sign]:
(1) Sign a waiver at the time of
application, allowing the chief of police of the county issuing the permit or
a designee of the chief of police access to [any] all records that have a bearing on the mental health of the
applicant[. The permit
application form and the waiver form shall be prescribed by the attorney
general and shall be uniform throughout the State.]; and
(2) Identify any health care providers who possess or may possess the records described in paragraph (1).
(d) The chief of police of the respective
counties [may] shall issue permits to acquire firearms to [citizens]:
(1) Citizens, nationals, or lawful permanent
residents of the United States of the age of twenty-one years or more[,
or duly];
(2) Duly accredited official
representatives of foreign nations[, or duly];
(3) 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];
(4) 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]; and
(5) 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]
may 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 law
to the contrary and upon joint application, the chief of police may, upon
request, issue permits to acquire firearms jointly to spouses who otherwise
qualify to obtain permits under this section.
(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] fortieth day from
the date of application. Permits issued
to acquire any pistol or revolver shall be void unless used within [ten]
thirty 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], a crime
of violence, a criminal offense relating to firearms, or for the illegal
sale or distribution 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 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. The issuing
authority shall not issue a permit to acquire the ownership of a firearm if an
applicant is disqualified under section 134-7 from the ownership, possession,
or control of a firearm, or if the issuing authority determines that issuance
would not be in the interest of public health, safety, or welfare because the
person lacks the essential character or temperament necessary to be entrusted
with a firearm. In determining whether a
person lacks the essential character or temperament necessary to be entrusted
with a firearm, the issuing authority shall consider whether the person poses a
danger of causing a self-inflicted bodily injury or unlawful injury to another
person, as evidenced by:
(1) Information from a health care
provider indicating that the person has had suicidal or homicidal thoughts or
tendencies within the preceding five years;
(2) Statements or actions by the person
indicating any dangerous propensity or violent animus toward one or more
individuals or groups, including groups based on race, color, national origin,
ancestry, sex, gender identity, gender expression, sexual orientation, age,
disability, religion, or any other characteristic, and the propensity or animus
is of a nature or to an extent that would objectively indicate to a reasonable
observer that it would not be in the interest of the public health, safety, or
welfare for the person to own, possess, or control a firearm or ammunition; or
(3) Other information that would lead a
reasonable, objective observer to conclude that the person presents or would
present a danger to the community as a result of acquiring or possessing a
firearm or intends or is likely to use a firearm for an unlawful purpose or in
an unlawful manner.
(f) In all cases where a pistol or revolver is acquired from another person within the State, the permit shall be signed in ink by the person to whom title to the pistol or revolver is transferred and shall be delivered to the person who is transferring title to the firearm, who shall verify that the person to whom the firearm is to be transferred is the person named in the permit and enter on the permit in the space provided the following information: name, address, and telephone number of the person who transferred the firearm; name, address, and telephone number of the person to whom the title to the firearm was transferred; names of the manufacturer and importer; model; type of action; caliber or gauge; and serial number, as applicable. The person who is transferring title to the firearm shall sign the permit in ink and cause the permit to be delivered or sent by registered mail to the issuing authority within forty-eight hours after transferring the firearm.
In
all cases where receipt of a firearm is had by mail, express, freight, or
otherwise from sources [without] outside the State, the person to
whom the permit has been issued shall make the prescribed entries on the
permit, sign the permit in ink, and cause the permit to be delivered or sent by
registered mail to the issuing authority within forty-eight hours after taking
possession of the firearm.
In
all cases where a rifle or shotgun is acquired from another person within the
State, the person who is transferring title to the rifle or shotgun shall submit,
within forty-eight hours after transferring the firearm, to the authority that
issued the permit to acquire, the following information, in writing: name, address, and telephone number of
the person who transferred the firearm[,]; name, address, and
telephone number of the person to whom the title to the firearm was
transferred; names of the manufacturer and importer; model; type of action;
caliber or gauge; and serial number, as applicable.
(g) [Effective July 1, 1995, no] No
person shall be issued a permit under this section for the acquisition of a [pistol
or revolver] firearm unless the person, [at any time prior to]
within the four years before the issuance of the permit, has completed:
(1) An approved hunter education course as
authorized under section 183D-28[;], unless the applicant seeks to
acquire a pistol or revolver, in which case the applicant shall complete a
training satisfying the requirements of paragraph (2), (3), or (4);
(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] firearms
instructor certified or verified by the chief of police of the respective
county or a designee of the chief of police or certified by a nongovernmental
organization approved for such purposes by the chief of police of the
respective county or a designee of the chief of police, or conducted by
a certified military firearms instructor; provided that the firearms
training or safety course or class 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[;], as well as a component on
mental health, suicide prevention, and domestic violence issues associated with
firearms and firearm violence; and
(B) Education on the firearm laws of the State.
An
affidavit signed by the certified or verified 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[.]; provided that an instructor shall not submit an
attestation for the instructor's own permit application.
(h) No person shall sell, give, lend, or deliver into the possession of another any firearm except in accordance with this chapter.
(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 charged by the
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]. If
an application under this section is denied, the chief of police or a designee
of the chief of police shall notify the applicant of the denial in writing,
stating the ground or grounds for the denial and informing the applicant of the
right to seek review of the denial through a hearing pursuant to subsection
(k).
(j) In all cases where a permit application under this section is denied because an applicant is prohibited from owning, possessing, receiving, or controlling firearms under federal or state law, the chief of police of the applicable county shall, within ten business days from the date of denial, send written notice of the denial, including the identity of the applicant and the reasons for the denial, to the:
(1) Prosecuting attorney in the county where the permit was denied;
(2) Attorney general;
(3) United States Attorney for the District of Hawaii; and
(4) Director of public safety.
If the permit to acquire was denied because the applicant is subject to an order described in section 134-7(f), the chief of police shall, within three business days from the date of denial, send written notice of the denial to the court that issued the order.
When the director of
public safety receives notice that an applicant has been denied a permit
because of a prior criminal conviction, the director of public safety shall
determine whether the applicant is currently serving a term of probation or
parole, and if the applicant is serving such a term, send written notice of the
denial to the applicant's probation or parole officer.
(k) If an application under this section is
denied, a person or entity aggrieved by the denial shall be entitled to a
hearing before the chief of police of the appropriate county or a designee of
the chief of police. A person or entity
aggrieved by the denial shall submit a request for a hearing in writing to the
chief of police of the appropriate county no later than thirty days following
the date of the decision or determination notice. The hearing shall constitute a contested case
hearing for purposes of chapter 91.
Following the hearing and final decision, an aggrieved party shall be
entitled to a judicial review proceeding in state circuit court in accordance
with section 91-14.
(l)
The permit application form and the waiver form required under this
section shall be prescribed by the issuing authority."
SECTION 6. Section 134-4, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) No person shall intentionally,
knowingly, or recklessly lend a firearm to any person who is prohibited
from ownership [or], possession, or control of a firearm
under section 134-7."
SECTION 7. Section 134-7, Hawaii Revised Statutes, is
amended to read as follows:
(b) No person who [is under indictment for, or
has waived indictment for, or has been bound over to the circuit court for,]
is being prosecuted for one or more charges for a felony, a crime of
violence, a criminal offense relating to firearms, or an illegal sale or
distribution of any drug in a court in this State or elsewhere, or who
has been convicted in this State or elsewhere of having committed a felony, [or
any] a crime of violence, a criminal offense relating to
firearms, or an illegal sale or distribution of any drug shall own,
possess, or control any firearm or ammunition [therefor].
(c) No person [who:] shall own,
possess, or control any firearm or ammunition if the person:
(1) Is or has been under treatment or counseling for addiction to, abuse of, or dependence upon any dangerous, harmful, or detrimental drug, intoxicating compound as defined in section 712-1240, or intoxicating liquor;
(2) Has been acquitted of a crime on the grounds
of mental disease, disorder, or defect pursuant to section 704-411[;] or
any similar provision under federal law, or the law of another state, a
United States territory, or the District of Columbia;
(3) Is
or has been diagnosed [as having a significant behavioral, emotional, or
mental disorders as defined by the most current diagnostic manual of the
American Psychiatric Association or for treatment for organic brain syndromes;]
with or treated for a medical, behavioral, psychological, emotional, or mental
condition or disorder that causes or is likely to cause impairment in judgment,
perception, or impulse control to an extent that presents an unreasonable risk
to public health, safety, or welfare if the person were in possession or
control of a firearm or ammunition; or
(4) Has been adjudged to:
(A) Meet the criteria for involuntary
hospitalization under section 334-60.2; or
(B) Be an "incapacitated
person", as defined in section 560:5-102,
[shall own, possess, or control any firearm or ammunition
therefor,] unless the person [has been medically documented to be] establishes,
with appropriate medical documentation, that the person is no longer
adversely affected by [the addiction, abuse, dependence, mental disease,
disorder, or defect.] the criteria or statuses identified in this subsection.
(d) No person who is less than twenty-five years
old and has been adjudicated by the family court to have committed a felony, [two
or more crimes] a crime of violence, a criminal offense relating
to firearms, or an illegal sale of any drug shall own, possess, or
control any firearm or ammunition [therefor].
(e) No minor [who:] shall own, possess, or control any firearm or ammunition if
the minor:
(1) Is or has been under treatment for addiction to any dangerous, harmful, or detrimental drug, intoxicating compound as defined in section 712-1240, or intoxicating liquor;
(2) Is a fugitive from justice; or
(3) Has been determined not to have been
responsible for a criminal act or has been committed to any institution on
account of a mental disease, disorder, or defect[;],
[shall own, possess, or control any firearm or ammunition therefor,]
unless the minor [has been medically documented to be] establishes,
with appropriate medical documentation, that the minor is no longer
adversely affected by the addiction, mental disease, disorder, or defect.
For the purposes of
enforcing this section, and notwithstanding section 571-84 or any other law to
the contrary, any agency within the State shall make its records relating to
family court adjudications available to law enforcement officials.
(f) No person who has been restrained pursuant to
an order of any court, including a gun violence protective order issued
pursuant to part IV, from contacting, threatening, or physically abusing any
person, shall possess, control, or transfer ownership of any firearm or
ammunition [therefor], so long as the protective order, restraining
order, or any extension is in effect[, unless the order, for good cause
shown, specifically permits the possession of a firearm and ammunition]. The protective order or restraining order
shall specifically include a statement that possession, control, or transfer of
ownership of a firearm or ammunition by the person named in the order is
prohibited. The person shall relinquish
possession and control of any firearm and ammunition owned by that person to
the police department of the appropriate county for safekeeping for the
duration of the order or extension thereof.
At the time of service of a protective order or restraining order
involving firearms and ammunition issued by any court, a police officer may
take custody of any and all firearms and ammunition in plain sight, those
discovered pursuant to a consensual search, and those firearms surrendered by
the person restrained. If the person
restrained is the registered owner of a firearm and knows the location of the
firearm, but refuses to surrender the firearm or [refuses to] disclose
the location of the firearm, the person restrained shall be guilty of a
misdemeanor. In any case, when a police
officer is unable to locate the firearms and ammunition either registered under
this chapter or known to the person granted protection by the court, the police
officer shall apply to the court for a search warrant pursuant to chapter 803
for the limited purpose of seizing the firearm and ammunition.
[For
the purposes of this subsection, good cause shall not be based solely upon the
consideration that the person subject to restraint pursuant to an order of any
court is required to possess or carry firearms or ammunition during the course
of the person's employment. Good cause
consideration may include but not be limited to the protection and safety of
the person to whom a restraining order is granted.]
(g) Any person disqualified from ownership, possession, control, or the right to transfer ownership of firearms and ammunition under this section shall surrender or dispose of all firearms and ammunition in compliance with section 134-7.3.
(h) Any person who otherwise would be prohibited
under subsection (b) from owning, possessing, or controlling a firearm and
ammunition solely as a result of a conviction for a crime that is not a felony,
and who is not prohibited from owning, possessing, or controlling a firearm or
ammunition for any reason under any other provision of this chapter or under
title 18 United States Code section 922 or another provision of federal law,
shall not be prohibited under this section from owning, possessing, or
controlling a firearm and ammunition if twenty years have elapsed from the date
of the conviction.
[(h)]
(i) Any person violating
subsection (a) or (b) shall be guilty of a class C felony; provided that any
felon violating subsection (b) shall be guilty of a class B felony. Any person violating subsection (c), (d),
(e), (f), or (g) shall be guilty of a misdemeanor."
SECTION 8. 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] The
chief of police of [the appropriate] a county [may] shall
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
licensee's person within [the county where the license is granted. Where the urgency or the need has been
sufficiently indicated, the respective] the State, if the applicant:
(1) Satisfies each of the criteria
established by or pursuant to subsection (d);
(3) Is not found to be lacking the
essential character or temperament necessary to be entrusted with a firearm as
set forth in subsection (h);
(4) Is a citizen, national, or lawful
permanent resident of the United States or a duly accredited official
representative of a foreign nation;
(5) Is a resident of the State; and
(6) Is of the age of twenty-one years or
more.
(b) The chief of police of a county
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 licensee's person within the county where the license
is granted[.], if the applicant:
(1) Sufficiently establishes the urgency
or need to carry a firearm unconcealed;
(2) Is engaged in the protection of life
and property;
(3) Satisfies each of the criteria
established by or pursuant to subsection (d);
(4) Is not prohibited under section
134-7 from the ownership, possession, or control of a firearm and ammunition;
(5) Is not found to be lacking the
essential character or temperament necessary to be entrusted with a firearm as
set forth in subsection (h);
(6) Is a citizen, national, or lawful
permanent resident of the United States; and
(7) Is of the age of twenty-one years or
more.
(c) The chief of police of the appropriate
county, or [the chief's] a designated representative[,] of
the chief of police, 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] if the
applicant is not a citizen of the United States, before any determination to
grant a concealed or unconcealed license is made. [Unless renewed, the license shall expire
one year from the date of issue.
(b) The chief of police of each county shall adopt
procedures to require that any person granted a license to carry a concealed
weapon on the person shall:
(1) Be qualified to use the firearm in a safe
manner;
(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.
(c) 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 134-5(c) or 134-25.
(d) 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.]
(d) To be eligible to receive a license to carry
a concealed or unconcealed pistol or revolver on the licensee's person, the
applicant shall:
(1) Submit the appropriate carry license
application, in person, to the chief of police of the appropriate county, with:
(A) All fields on the application form completed and all questions
answered truthfully, under penalty of law;
(B) All required signatures present on the application;
(C) Any required documents attached to the application; and
(D) Payment of the nonrefundable license application fee required
under this section;
(2) Be the registered
owner of the firearm or firearms for which the license to carry will be issued;
provided that this paragraph shall not apply to detectives, private detectives,
investigators, and guards with an active license issued pursuant to chapter 463;
(3) Not be prohibited under section 134-7 from
the ownership, possession, or control of a firearm;
(4) Have completed a course of training as
described in subsection (e) and be certified as qualified to use the firearm or
firearms for which the license to carry will be issued in a safe manner; and
(5) Sign an affidavit expressly acknowledging
that:
(A) The applicant has read and is responsible for understanding and
complying with the federal, state, and county laws governing the permissible
use of firearms and associated requirements, including:
(i) The prohibition on carrying or
possessing a firearm in certain locations and premises;
(ii) The prohibition on carrying more
than one firearm on the licensee's person at one time;
(iii) The prohibition on carrying a
firearm on private property open to the public without the express
authorization of the owner, lessee, operator, or manager of the private
property;
(iv) The requirement to maintain
possession of the license on the licensee's person while carrying a firearm;
(v) The requirement to disclose information
regarding the carrying of a firearm when stopped by law enforcement;
(vi) The provision for absolute liability
for injury or property damage proximately caused by a legally unjustified
discharge of a firearm under section 663-9.5; and
(vii) Laws regarding the use of deadly
force for self-defense or the defense of another;
(B) A license to carry issued under this
section shall be void if a licensee becomes disqualified from the ownership,
possession, or control of a firearm pursuant to section 134-7(a), (b), (d), or
(f);
(C) The license shall be subject to a permit
revocation under section 134-13 if a licensee for any other reason becomes
disqualified under section 134-7 from the ownership, possession, or control of
a firearm; and
(D) A license that is revoked or that becomes
void shall be returned to the chief of police of the appropriate county within
forty-eight hours after the license is revoked or becomes void.
(e) The course of training for issuance of a
license under this section may be any course acceptable to the licensing
authority that meets all of the following criteria:
(1) The course shall include in-person
instruction on firearm safety; firearm handling; shooting technique; safe
storage; legal methods to transport firearms and secure firearms in vehicles;
laws governing places in which persons are prohibited from carrying a firearm;
firearm usage in low-light situations; situational awareness and conflict
management; and laws governing firearms, including information regarding the
circumstances in which deadly force may be used for self-defense or the defense
of another;
(2) The course shall include a component
on mental health and mental health resources;
(3) Except
for the component on mental health and mental health resources, the course
shall be conducted by one or more firearms instructors certified or verified by
the chief of police of the respective county or a designee of the chief of
police or certified by a nongovernmental organization approved for those
purposes by the chief of police of the respective county or a designee of the
chief of police, or conducted by one or more certified military firearms
instructors;
(4) The course shall require
participants to demonstrate their understanding of the covered topics by
achieving a score of at least seventy per cent on a written
examination; and
(5) The course shall include live-fire
shooting exercises on a firing range and shall include a demonstration by the
applicant of safe handling of, and shooting proficiency with, each firearm that
the applicant is applying to be licensed to carry.
(f) Upon passing the course of training
identified in subsection (e), the applicant shall obtain from the instructor,
and include as part of the applicant's application package, a certification as
to the following:
(1) The applicant's name, as confirmed by
reviewing the applicant's government-issued photo identification;
(2) The date and location of the firearm
proficiency test;
(3) The firearm or firearms that the applicant used
in the firearm proficiency test;
(4) The applicant's score; provided that an
indication that the applicant passed or failed, without the score itself, shall
be insufficient information for the purposes of the application; and
(5) The instructor's qualifications to
administer the firearm proficiency test.
The certification of the above information, signed by the firearms
instructor who conducted or taught the course, providing the name, address, and
phone number of the instructor, shall constitute evidence of successful
completion of the course. The course of
training for issuance of a license under this section shall be undertaken at
the licensee's expense.
(g) An applicant for a license under this section
shall:
(1) Sign a waiver at the time of
application, allowing the chief of police of the county issuing the license or
a designee of the chief of police access to any records that have a bearing on
the mental health of the applicant; and
(2) Identify
any health care providers who possess or may possess the records described in
paragraph (1).
(h)
In determining whether a person lacks the essential character or
temperament necessary to be entrusted with a firearm, the licensing authority
shall consider whether the person poses a danger of causing a self-inflicted
bodily injury or unlawful injury to another person, as evidenced by:
(1) Information
from a health care provider indicating that the person has had suicidal or
homicidal thoughts or tendencies within the preceding five years;
(2) Statements
or actions by the person indicating any dangerous propensity or violent animus
toward one or more individuals or groups, including groups based on race,
color, national origin, ancestry, sex, gender identity, gender expression,
sexual orientation, age, disability, religion, or any other characteristic, and
the propensity or animus is of a nature or to an extent that would objectively
indicate to a reasonable observer that it would not be in the interest of the
public health, safety, or welfare for the person to own, possess, or control a
firearm or ammunition; or
(3) Other
information that would lead a reasonable, objective observer to conclude that
the person presents or would present a danger to the community as a result of
carrying a firearm in public or intends or is likely to use a firearm for an
unlawful purpose or in an unlawful manner.
(i)
A nonrefundable fee of $150 shall be charged for each license
application submitted under this section. The fee shall be chargeable by and payable to
the appropriate county and shall be used for expenses related to police
services.
(j) If the applicant satisfies each of the
requirements for a concealed carry license, an application for a concealed
carry license submitted to the chief of police of the appropriate county under
this section shall be approved within a reasonable time after receipt of all
required application materials. If the
applicant does not satisfy one or more of the requirements for a concealed
carry license, the license shall be denied within a reasonable time after
receipt of the application materials. If
an application is denied, the chief of police or a designee of the chief of
police shall notify the applicant of the denial in writing, stating the ground
or grounds for the denial and informing the applicant of the right to seek
review of the denial through a hearing pursuant to subsection (k). If the chief of police does not grant or deny
a submitted application for a concealed carry license within one hundred twenty
days following the date of the application, the application shall be deemed
denied as of that date for purposes of subsection (k).
(k) If an application under this section is
denied, a person or entity aggrieved by the denial shall be entitled to a
hearing before the chief of police of the appropriate county or a designee of the
chief of police. A person or entity
aggrieved by the denial shall submit a request for a hearing in writing to the
chief of police of the appropriate county no later than thirty days following
the date of the decision or determination notice. The hearing shall constitute a contested case
hearing for purposes of chapter 91.
Following the hearing and final decision, an aggrieved party shall be
entitled to a judicial review proceeding in state circuit court in accordance
with section 91-14.
(l) If an application pursuant to this section is
approved, the chief of police shall issue the applicant a license that
contains, at minimum:
(1) The licensee's name;
(2) The licensee's address;
(3) A photograph of the licensee taken
within ninety days before issuance of the license;
(4) The county of issuance;
(5) A notation as to whether the license
permits concealed or unconcealed carry;
(6) The serial number of each registered
firearm that the licensee may carry pursuant to the license;
(7) The license expiration date; and
(8) The signature of the licensee.
(m) Unless renewed, a concealed or
unconcealed license shall expire four years from the date of issue.
(n) No individual shall carry concealed or
unconcealed on the individual's person a pistol or revolver without being
licensed to do so under this section, or in accordance with title 18 United
States Code section 926B or 926C, or in compliance with section 134-5(c) or
134-25.
(o) A license to carry
issued under this section shall be void if a licensee becomes disqualified from
the ownership, possession, or control of a firearm pursuant to section
134-7(a), (b), (d), or (f). If a licensee
for any other reason becomes disqualified under section 134-7 from the
ownership, possession, or control of a firearm, the license shall be subject to
revocation under section 134-13. A
license that is void or revoked shall be returned to
the chief of police of the appropriate county within forty-eight hours after
the license becomes void or is revoked.
(p) The chief of police of each county shall
adopt procedures to implement this section.
(q) The chief of police of each county shall establish
procedures and criteria for the renewal of licenses issued under this
section. No license renewal shall be
granted if an applicant for a renewed license does not satisfy, or no longer
satisfies, the eligibility criteria for a new license set forth in subsections
(a) through (d). As a precondition for
the renewal of licenses issued under this section, the chief of police of each
county may establish reasonable continuing education, training, and certification
requirements, including requirements pertaining to the safe handling of
firearms and shooting proficiency. A
nonrefundable fee of $50 shall be charged for each license renewal application
submitted under this section. The fee
shall be chargeable by and payable to the appropriate county and shall be used
for expenses related to police services.
(r) No person carrying a
firearm pursuant to a license issued under this section or in accordance with
title 18 United States Code section 926B or 926C shall intentionally,
knowingly, or recklessly carry more than one firearm on the licensee's person
at one time."
SECTION 9. Section
134-13, Hawaii Revised Statutes, is amended to read as follows:
"§134-13 Revocation
of permits[.] and licenses. (a)
All permits and licenses provided for under this part [may] shall
be revoked[, for good cause,] by the issuing authority [or],
and may be revoked by [the judge of] any court[.], if the
issuing authority or court determines that the permit or license is subject to
revocation because the permit or license holder does not satisfy, or no longer
satisfies, the applicable qualifications or requirements associated with the
permit or license.
(b) If the issuing authority determines that a
permit or license is subject to revocation, the issuing authority shall notify
the permit or license holder of the determination in writing, stating the
grounds for the determination and informing the permit or license holder of the
right to seek a hearing before the issuing authority regarding the
determination before revocation. Unless
the permit or license holder submits a request for a hearing in writing to the
issuing authority no later than thirty days following the date of the written
notice that the permit or license is subject to revocation, the permit or
license shall be immediately revoked by the issuing authority. Any hearing regarding a determination on
whether a permit or license is subject to revocation shall constitute a
contested case hearing for purposes of chapter 91. A person or entity aggrieved by a revocation
under this section may apply for judicial review in state circuit court in
accordance with section 91-14.
(c) If a permit or license is revoked pursuant to
this section, the former permit or license holder shall return the permit or
license to the issuing authority within forty-eight hours following receipt of
the notice of revocation."
SECTION 10. Section 134-17, Hawaii Revised Statutes, is
amended to read as follows:
"§134-17 Penalties. (a) If
any person [gives false information or offers false evidence of the person's
identity in complying with any of the requirements of this part, that person
shall be guilty of a misdemeanor, provided, however that if any person
intentionally gives false information or offers false evidence concerning their]
intentionally, knowingly, or recklessly makes any materially false,
fictitious, or fraudulent statement or representation in connection with any of
the requirements of this part, that person shall be guilty of a misdemeanor;
provided that if any person intentionally, knowingly, or recklessly makes any
materially false, fictitious, or fraudulent statement or representation
regarding the person's psychiatric or criminal history in [complying]
connection with any of the requirements of this part, that person shall
be guilty of a class C felony.
[(b) Any person who
violates section 134-3(a) shall be guilty of a petty misdemeanor.
(c)] (b) Any person who violates [section]:
(1) Section
134-2, 134-4, 134-9(n) or (r), 134-10, [or] 134-13(c), or
134-15 shall be guilty of a misdemeanor[.
Any person who violates section];
(2) Section 134-3(a) shall be guilty of a petty misdemeanor; or
(3) Section 134-3(b) shall be guilty of a petty misdemeanor and the firearm shall be confiscated as contraband and disposed of, if the firearm is not registered within five days of the person receiving notice of the violation."
SECTION 11. Section 134-18, Hawaii Revised Statutes, is amended to read as follows:
"§134-18 Qualified immunity for physicians,
psychologists, [or] psychiatrists, physician assistants, or advanced
practice registered nurses who provide information on permit or license
applicants. There shall be no civil liability for any
physician, psychologist, [or] psychiatrist, physician assistant, or
advanced practice registered nurse who provides information or renders an
opinion in response to an inquiry made for purposes of issuing a firearm permit
under section 134-2, issuing or renewing a license under section 134-9,
or [for purposes of] investigating the continuing mental health of the
holder of a valid firearm permit or license; provided that the
physician, psychologist, [or] psychiatrist, physician assistant, or
advanced practice registered nurse acted without malice."
SECTION 12. Section 707-716, Hawaii Revised Statutes, is
amended by amending subsection (2) to read as follows:
"(2) Terroristic
threatening in the first degree is a class C felony[.]; provided that
terroristic threatening in the first degree is a class B felony if committed
with a firearm as defined in section 134-1, or a simulated firearm, while in
one of the locations or premises listed in section 134-A(a)."
SECTION 13. 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 healthcare 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 or its designee on applicants to operate child care facilities, household members of the applicant, prospective employees of the applicant, and new employees and household members of the provider after registration or licensure as provided by section 346-154, and persons subject to section 346-152.5;
(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;
(B) Each person who upon approval of an application by a corporate applicant for a money transmitter license will be a principal of the licensee; and
(C) Each person who upon approval of an application requesting approval of a proposed change in control of licensee will be a principal of the licensee,
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, or license renewal; and
(B) Each control person, executive officer, director, general partner, and managing member of an applicant for a mortgage loan originator company license or license renewal,
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 that involve contact with children or vulnerable adults;
(35) The counties on prospective employees for emergency medical services positions that 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:
(A) Applicants for real estate appraiser licensure or certification as provided by chapter 466K;
(B) Each person who owns more than ten per cent of an appraisal management company who is applying for registration as an appraisal management company, as provided by section 466L-7; and
(C) Each of the controlling persons of an applicant for registration as an appraisal management company, as provided by section 466L-7;
(41) The department of health or its designee on all license applicants, licensees, employees, contractors, and prospective employees of medical cannabis dispensaries, and individuals permitted to enter and remain in medical cannabis dispensary facilities as provided under sections 329D-15(a)(4) and 329D‑16(a)(3);
(42) The department of commerce and consumer affairs on applicants for nurse licensure or license renewal, reactivation, or restoration as provided by sections 457-7, 457-8, 457-8.5, and 457-9;
(43) 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 on applicants for new or renewed licenses to carry a pistol or revolver and
ammunition pursuant to section 134-9;
(44) The department of commerce and consumer affairs on:
(A) Each of the controlling persons of the applicant for licensure as an escrow depository, and each of the officers, directors, and principals who will be in charge of the escrow depository's activities upon licensure; and
(B) Each of the controlling persons of an applicant for proposed change in control of an escrow depository licensee, and each of the officers, directors, and principals who will be in charge of the licensee's activities upon approval of the application,
as provided by chapter 449;
(45) The department of taxation on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 231-1.6;
(46) The department of labor and industrial relations on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 383-110;
(47) The department of human services on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 346-2.5;
(48) The child support enforcement agency on current or prospective employees, or contractors who have access to federal tax information in order to comply with federal law, regulation, or procedure, as provided by section 576D-11.5;
(49) The department of the attorney general on current or prospective employees or employees or agents of contractors who have access to federal tax information to comply with requirements of federal law, regulation, or procedure, as provided by section 28-17;
[[](50)[]]The
department of commerce and consumer affairs on each control person, executive
officer, director, general partner, and managing member of an installment loan
licensee, or an applicant for an installment loan license, as provided in
chapter 480J;
[[](51)[]]The
University of Hawaii on current and prospective employees and contractors whose
duties include ensuring the security of campus facilities and persons; and
[[](52)[]]Any
other organization, entity, or the State, its branches, political subdivisions,
or agencies as may be authorized by state law."
SECTION 14. Act 30, Session Laws of Hawaii 2022, is
amended by amending section 5 to read as follows:
"SECTION 5. This Act shall take effect upon its approval[;
provided that on June 30, 2025, section 2 of this Act shall be repealed and
section 134-3, Hawaii Revised Statutes, shall be reenacted in the form in which
it read on the day before the effective date of this Act]."
SECTION 15. Every provision in this Act and every
application of each provision in this Act is severable from each other. If any application of any provision in this
Act to any person or group of persons or circumstances is determined by any
court to be invalid, the remainder of this Act and the application of the Act's
provisions to all other persons and circumstances shall not be affected. All constitutionally valid applications of
this Act shall be severed from any applications that a court determines to be
invalid or unenforceable, leaving the valid applications in force, because it
is the legislature's intent that all valid applications shall remain in force.
SECTION 16. This Act shall be construed to be enforceable
up to but no further than the maximum possible extent consistent with federal
law and constitutional requirements.
SECTION 18. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 19. This Act shall take effect on July 1, 2023; provided that the amendments made to section 846-2.7(b), Hawaii Revised Statutes, by section 13 of this Act shall not be repealed when section 28 of Act 278, Session Laws of Hawaii 2022, takes effect on January 1, 2024.
Report Title:
Firearms; Permits; Licenses; Enforcement
Description:
Prohibits firearms in certain locations and premises and provides for enhanced sentencing. Requires possession and disclosure of a license to carry. Prohibits leaving an unsecured firearm in a vehicle unattended. Prohibits consuming or being under the influence of alcohol, an intoxicating liquor, or a controlled substance when carrying a firearm. Prohibits carrying or possessing firearms on certain private property open to the public without express authorization. Requires annual reports from the Department of the Attorney General on carry licenses. Amends the requirements for, and revocation of, firearms permits and licenses. Amends the disqualification of persons from owning, possessing, or controlling a firearm. Expands the qualified immunity for health care providers who provide information on firearms applicants to include physician assistants and advanced practice registered nurses. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
