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THE SENATE |
S.B. NO. |
2377 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to hunting.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that existing laws are inadequate to deter persons engaged in hunting with firearms from trespassing on lands and potentially causing bodily injury to others or damage to property, livestock, and farmers' crops. This occurrence has been especially egregious on farms and ranches.
The purpose of this Act is to require those who wish to access private land for hunting or other legitimate purposes to obtain written permission from the landowner.
SECTION 2. Section 134-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Place of formal hunting" means:
(1) An area on state or federal land where hunting is allowed; or
(2) An area on private lands for which the owner has given written permission to allow hunting by a person that has procured a hunting license under chapter 183D, part II."
SECTION 3. Section 134-5, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) Any person of the age of sixteen
years, or over or any person under the age of sixteen years while accompanied
by an adult, may carry and use any lawfully acquired rifle or shotgun and
suitable ammunition while actually engaged in hunting or target shooting or
while going to and from the place of hunting or target shooting; provided that
the person has procured a hunting license under chapter 183D, part II[.]
and has obtained written permission from the landowner of the privately
owned land to hunt on that land. A hunting license shall not be required
for persons engaged in target shooting."
2. By amending subsection (c) to read:
"(c) A person may carry unconcealed and
use a lawfully acquired pistol or revolver while actually engaged in hunting
game mammals, if that pistol or revolver and its suitable ammunition are acceptable
for hunting by rules adopted pursuant to section 183D-3 and if that person is
licensed pursuant to part II of chapter 183D[.] and has obtained the
written permission from the landowner of the privately owned land to hunt on
that land. The pistol or revolver may be transported in an enclosed
container, as defined in section 134-25 in the course of going to and from the
place of the hunt, notwithstanding section 134-26."
SECTION 4. Section 134-23, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as provided in section 134-5, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:
(1) A place of repair;
(2) A target range;
(3) A licensed dealer's place of business;
(4) An organized, scheduled firearms show or exhibit;
(5) A place of formal [hunter] hunting
or firearm use training or instruction; or
(6) A police station.
"Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm."
SECTION 5. Section 134-24, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as provided in section 134-5, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:
(1) A place of repair;
(2) A target range;
(3) A licensed dealer's place of business;
(4) An organized, scheduled firearms show or exhibit;
(5) A place of formal [hunter] hunting
or firearm use training or instruction; or
(6) A police station.
"Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm."
SECTION 6. Section 134-25, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as provided in sections 134-5 and 134-9, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:
(1) A place of repair;
(2) A target range;
(3) A licensed dealer's place of business;
(4) An organized, scheduled firearms show or exhibit;
(5) A place of formal [hunter] hunting or
firearm use training or instruction; or
(6) A police station.
"Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm."
SECTION 7. Section 134-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as provided in sections 134-5 and 134-9, all ammunition shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry ammunition in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:
(1) A place of repair;
(2) A target range;
(3) A licensed dealer's place of business;
(4) An organized, scheduled firearms show or exhibit;
(5) A place of formal [hunter] hunting or
firearm use training or instruction; or
(6) A police station.
"Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the ammunition."
SECTION 8. Section 183D-26, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) No person shall enter upon any land or premises belonging to, held, or occupied by another, for the purpose of hunting or to take any kind of wildlife including game without first having obtained written permission from the owner or a duly appointed agent, if the owner is the occupier or holder, or if the owner has let another occupy or hold the same, without having first obtained the permission of the occupier or holder thereof, or the duly appointed agent of the occupier or holder."
SECTION 9. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 10. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Hunting; Privately Owned Lands; Permission
Description:
Requires written permission from a landowner of privately owned land to allow persons with valid hunting licenses to hunt on their land. Allows the carrying of unloaded firearms and ammunition, in a closed container, between certain locations and a place of formal hunting.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.