Bill Text: HI SB122 | 2023 | Regular Session | Introduced


Bill Title: Relating To Firearms.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2023-01-20 - Referred to PSM, JDC/WAM. [SB122 Detail]

Download: Hawaii-2023-SB122-Introduced.html

THE SENATE

S.B. NO.

122

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

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 under existing law, firearms safety and training requirements for purchases of pistols and revolvers do not apply to purchases of rifles and shotguns.  The legislature believes that there is no justification for this disparity, given the importance of safe and appropriate handling of all firearms, regardless of type.

     The legislature also finds that, in the interest of national security, permits to acquire firearms should not be issued to aliens who are not state law enforcement officers, even for temporary purposes such as hunting or participating in an organized sport-shooting contest.

     Accordingly, the purpose of this Act is to:

     (1)  Establish uniform firearms safety and training requirements for applicants of permits to acquire firearms, regardless of firearm type;

     (2)  Prohibit the issuance of permits to acquire firearms to aliens who are not state law enforcement officers; and

     (3)  Require a fee of not less than $100 for permits, or applications for permits.

     SECTION 2.  Section 134-2, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (d) to read:

     "(d)  The chief of police of the respective counties may issue permits to acquire firearms to citizens of the United States of the age of twenty-one years or more, or duly accredited official representatives of foreign nations, or 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 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 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 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 issue permits to acquire firearms jointly to spouses who otherwise qualify to obtain permits under this section."

     2.  By amending subsection (g) to read:

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

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

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

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

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

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

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

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

     3.  By amending subsection (i) to read:

     "(i)  [No] A fee of not less than $100 shall be charged for permits, or applications for permits, under this section, [except for] as well as 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] fees provided for in this section may be charged to each person to whom no previous permit has been issued."

     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.

 

INTRODUCED BY:

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Report Title:

Firearms; Permits to Acquire; Safety and Training Requirements; Aliens; Fee

 

Description:

Establishes uniform firearms safety and training requirements for applicants of permits to acquire firearms, regardless of firearm type.  Prohibits the issuance of permits to acquire firearms to aliens who are not state law enforcement officers.  Requires a fee of not less than $100 for permits, or applications for permits.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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