Bill Text: HI SB238 | 2019 | Regular Session | Introduced
Bill Title: Relating To Firearms.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-01-22 - Referred to PSM, JDC/WAM. [SB238 Detail]
Download: Hawaii-2019-SB238-Introduced.html
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THE SENATE |
S.B. NO. |
238 |
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THIRTIETH LEGISLATURE, 2019 |
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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. Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§134- License to carry a concealed firearm. (a)
The chief of police from each respective county shall issue a concealed
carry firearm license to persons qualified as provided in this section. These licenses shall be valid statewide for a
period of three years. Each license
shall be laminated and bear a color photograph of the licensee. Any person in compliance with the terms of
the license may carry a concealed firearm.
The licensee shall carry the license, together with valid
identification, at all times in which the licensee is in actual possession of a
concealed firearm and shall display the license and proper identification upon
demand by a law enforcement officer.
(b) A violation of this section shall constitute
a petty misdemeanor; provided that the maximum term of imprisonment shall be
three days, and the maximum fine shall be $500.
(c) For the purposes of this section,
"concealed firearm" means a firearm that is a pistol or a revolver,
and that is carried on or about an individual completely or mostly concealed
from view of the public or on or about a person within a vehicle. The term does not include an assault pistol
or automatic firearm as defined in section 134-1.
(d) The appropriate chief of police shall issue a
license if the applicant:
(1) Is a citizen of
the United States;
(2) Has resided in
the State for at least six months or is a member of, or spouse of a member of,
the military, as defined in section 124A-1, that is stationed in the State, or
is a retired law enforcement officer;
(3) Is twenty-one
years of age or older or is eighteen years of age or older if a member of the
United States military;
(4) Is not
prohibited from possessing a firearm pursuant to section 134-7;
(5) Has
demonstrated competence with a firearm by meeting the training requirements of
section 134-2(g), to include practical training in drawing and replacing a
firearm from and into a holster. A
photocopy of an affidavit from the certified instructor or standard government
form from the government agency providing the training, attesting to the
successful completion of the training, shall constitute evidence of
qualification under this paragraph;
(6) Does not
chronically and habitually use intoxicating liquor or other substances to the
extent that the person's normal faculties are impaired. It shall be presumed that an applicant
chronically and habitually uses intoxicating liquor or other substances to the
extent that the person's normal faculties are impaired if the applicant:
(A) Has
been committed under the substance abuse provisions of chapter 334;
(B) Has been convicted of any offense relating to a dangerous, harmful, or detrimental drug, intoxicating compound or liquor, or marijuana under part IV of chapter 712;
(C) Has been deemed a habitual offender under section 291E-61.5; or
(D) Has had two or more convictions under section 291E‑61, or similar laws of any other state, within the three-year period immediately preceding the date on which the application is submitted;
(7) Desires a legal
means to carry a concealed firearm for lawful purposes, including personal
self-defense and protection of personal property;
(8) Has not been
adjudicated as an incapacitated person as defined under section 554B-1 or
560:5-102, or similar laws of any other state, unless five years have elapsed
since the applicant's restoration to capacity by court order; and
(9) Has not been
committed to a mental institution under chapter 334, or similar laws of any
other state, unless the applicant produces a certificate from a licensed
psychiatrist that the applicant has not suffered from disability for at least
five years prior to the date of submission of the application, and is highly
unlikely to relapse.
(e) The application shall be completed, under
oath, on a form prescribed by the attorney general, which shall be uniform
throughout the State, and shall include:
(1) The name,
address, place and date of birth, race, and occupation of the applicant;
(2) A statement
that the applicant has been made aware of an internet address containing an
electronic copy of this chapter and any applicable administrative rules, and is
knowledgeable of its provisions;
(3) A conspicuous
warning that the application is executed under oath and that a false answer to
any question, or the submission of any false document by the applicant,
subjects the applicant to criminal prosecution under section 134-17(a); and
(4) A statement
that the applicant desires a concealed carry firearm license for lawful
purposes, including lawful personal self-defense and protection of personal
property.
(f) The applicant shall submit to the appropriate
chief of police:
(1) A completed
application in accordance with subsection (e);
(2) A nonrefundable
license fee not to exceed $25, if the applicant has not previously been issued
a license, or a nonrefundable license fee not to exceed $10 for renewal of a
license;
(3) A full set of
fingerprints of the applicant administered by a law enforcement agency. Costs for processing the set of fingerprints
shall be borne by the applicant;
(4) A photocopy of
a certificate or an affidavit or document as described in subsection (d)(5);
and
(5) A full frontal
view color photograph of the applicant taken within the preceding thirty days,
in which the head, including hair, measures seven-eighths of an inch wide and
one and one-eighth of an inch high.
(g) The appropriate chief of police, upon receipt
of the items listed in subsection (f), shall forward within three working days
the full set of fingerprints of the applicant to the attorney general and the
Federal Bureau of Investigation for state processing and, if available, federal
processing. The cost of processing the
fingerprints shall be borne by the applicant and shall be payable to the
processing agency.
The county police department shall provide
fingerprinting service, if requested by the applicant, and may charge a fee not
to exceed $5 for this service.
The appropriate chief of police, within forty-five
days after the date of receipt of the items listed in subsection (f), shall:
(1) Issue a
license;
(2) Deny the
application based solely on the ground that the applicant fails to qualify
under subsection (d). Upon a denial of
the application, the chief of police shall notify the applicant in writing,
stating the grounds for denial and informing the applicant of any right to a
hearing pursuant to subsection (l); or
(3) Suspend the
time limitation prescribed by this subsection if the chief of police receives
criminal history information that is pending final disposition on a crime that
may disqualify the applicant until receipt of the final disposition or proof of
restoration of civil and firearm rights.
If a legible set of fingerprints, as determined by
the attorney general or the Federal Bureau of Investigation, cannot be obtained
after two attempts, the attorney general shall determine eligibility based upon
name checks conducted by the criminal justice data center.
If the appropriate county chief of police fails to
issue or deny the license within forty-five days after the date of receipt of
the items listed in subsection (f) or within such further time limits as this
subsection allows, the application shall be deemed denied and the applicant
shall have the right to a hearing as provided in subsection (l).
(h) The attorney general shall maintain an
automated listing of license holders and pertinent information, which shall be
available on the Internet to all law enforcement agencies through the criminal
justice data center.
(i) Within thirty days after the changing of a
permanent address, or within thirty days after having a license lost, stolen,
or destroyed, the licensee shall notify the appropriate chief of police of the
change of address or loss,
theft, or destruction of license. Failure to notify the appropriate chief of
police pursuant to this subsection shall constitute a $25 fine.
(j) If a concealed carry firearm license is lost,
stolen, or destroyed, the license shall automatically be invalid, and the
person to whom the license was issued may obtain a duplicate, or substitute
thereof, upon furnishing a notarized statement to the chief of police that the
license has been lost or destroyed and payment of $15 to the appropriate chief
of police.
(k) A license issued under this section shall be
suspended or revoked by the chief of police if the licensee is found to be or
subsequently becomes ineligible under the criteria set forth in subsection (d).
(l) Any person denied a license or who has a
license suspended or revoked under this section shall have the right to a
hearing on the denial, suspension, or revocation, subject to the requirements
for contested cases and judicial review under chapter 91.
(m) At least ninety days prior to the expiration
date of the license, the appropriate chief of police shall mail to each
licensee a written notice of the expiration and a renewal form prescribed by
the attorney general, which shall be uniform throughout the State. The licensee shall renew the license, on or
before the expiration date, by filing with the appropriate chief of police the
renewal form containing:
(1) A notarized
affidavit stating that the licensee remains qualified pursuant to the criteria
specified in subsection (d);
(2) A color
photograph as specified in subsection (f)(5); and
(3) The required
renewal fee.
The license shall be renewed upon receipt of the
completed renewal form, color photograph, appropriate payment of fees, and, if
applicable, a completed fingerprint card.
A licensee who fails to file a renewal application on or before its
expiration date shall pay a late fee of $15 to renew the license. No license shall be renewed six months or
more after its expiration date, and the license shall be deemed to be permanently
expired and destroyed. A person whose
license has permanently expired may reapply for licensure; however, an
application for licensure and fees pursuant to subsection (f) shall be
submitted, and a background investigation shall be conducted pursuant to this
section. Any person who knowingly files
false information pursuant to this subsection shall be subject to criminal
prosecution under section 134-17(a).
(n) No license issued pursuant to this section
shall authorize any person to carry a concealed firearm into any:
(1) Place used to
commit violations that constitute a nuisance pursuant to section 712-1270;
(2) Police station;
(3) Detention
facility, prison, or jail;
(4) Courthouse,
except where permitted by paragraph (5);
(5) Courtroom, except
that nothing in this section shall preclude a judge from lawfully carrying a
concealed firearm or determining who may carry a concealed firearm in the
courtroom;
(6) Polling place;
(7) Meeting of the
governing body of a county or other political subdivision, the board of
education, or any neighborhood board;
(8) Meeting of the
legislature or a committee thereof;
(9) School
administration building;
(10) Public school
facility, state university, and community college, including the parking areas
and grounds, unless the licensee is dropping off or picking up students and the
firearm and license are located in the vehicle;
(11) Any
establishment licensed to serve alcohol for on-premises consumption;
(12) Any
establishment or event open to the public where the operator makes a reasonable
request for the licensee to remove the firearm from the premises;
(13) Designated
federal security screening areas within the passenger terminal and sterile
areas of any airport; and
(14) Secured
psychiatric units.
Any person who violates this subsection shall be
guilty of a class C felony.
(o) All funds received by a county police
department pursuant to this section shall be deposited into the general fund of
the respective county and shall be encumbered and expended strictly for
administrative purposes in support of:
(1) Processing applications of licenses to
carry concealed firearms;
(2) Maintaining shooting ranges; and
(3) Development of a firearms safety and
licensing manual.
(p) The attorney general shall maintain
statistical information on the number of licenses issued, revoked, suspended,
and denied."
SECTION 2. Section 134-2, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(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 134‑ ,
or where any firearm is registered pursuant to section 134-3(a), no permit
shall be issued to an applicant earlier than fourteen calendar days after the
date of the application; provided that a permit shall be issued or the
application denied before the twentieth day from the date of application. Permits issued to acquire any pistol or
revolver shall be void unless used within ten days after the date of
issue. Permits to acquire a pistol or
revolver shall require a separate application and permit for each
transaction. Permits issued to acquire
any rifle or shotgun shall entitle the permittee to make subsequent purchases
of rifles or shotguns for a period of one year from the date of issue without a
separate application and permit for each acquisition, subject to the
disqualifications under section 134‑7 and subject to revocation under
section 134-13; provided that if a permittee is arrested for committing a
felony or any crime of violence or for the illegal sale of any drug, the permit
shall be impounded and shall be surrendered to the issuing authority. The issuing authority shall perform an
inquiry 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."
SECTION 3. Section 134-9, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(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 section 134‑ ,
or in compliance with [sections] section 134-5(c) or 134-25."
SECTION 4. Section 134-11, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) Sections 134-7 to 134-9 [and],
134-21 to 134-27, and 134‑ , except section 134-7(f),
shall not apply:
(1) To state and county law enforcement officers; provided that such persons are not convicted of an offense involving abuse of a family or household member under section 709-906;
(2) To members of the armed forces of the State and of the United States and mail carriers while in the performance of their respective duties if those duties require them to be armed;
(3) To regularly enrolled members of any organization duly authorized to purchase or receive the weapons from the United States or from the State; provided the members are either at, or going to or from, their places of assembly or target practice;
(4) To persons employed by the State, or subdivisions
thereof, or the
(5) To aliens employed by the State, or subdivisions thereof, or the United States while in the performance of their respective duties or while going to and from their respective places of duty if those duties require them to be armed; and
(6) To police officers on official assignment in
2. By amending subsection (c) to read:
"(c) Sections 134-8, 134-9, [and] 134-21 to
134-27, and 134‑ shall not apply to the
possession, transportation, or use, with blank cartridges, of any firearm or
explosive solely as props for motion picture film or television program
production when authorized by the chief of police of the appropriate county
pursuant to section 134-2.5 and not in violation of federal law."
SECTION 5. Section 134-23, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a)
Except as provided in [section] sections 134-5[,] and
134‑ , all loaded firearms other than pistols
and revolvers 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 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 134-24, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a)
Except as provided in [section] sections 134-5[,] and
134‑ , all unloaded firearms other than pistols
and revolvers 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 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 134-25, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Except as provided in sections 134-5 [and],
134-9, and 134‑ , all [firearms] loaded or
unloaded pistols or revolvers 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 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 8. Section 134-26, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a)
It shall be unlawful for any person on any public highway to carry on
the person, or to have in the person's possession, or to carry in a vehicle any
firearm loaded with ammunition; provided that this section shall not apply to
any person who has in the person's possession or carries a pistol or revolver
in accordance with a license issued as provided in section 134-9[.] or
134‑ ."
SECTION 9. 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, and 134‑ , 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 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 10. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 11. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 12. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 13. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Firearms; Concealed Carry License
Description:
Authorizes the chief of police from each respective county to issue licenses to carry a concealed firearm. Specifies processes for license applications, renewals, revocations, and record keeping. Strictly prohibits carrying concealed firearms under certain circumstances. Makes various conforming amendments.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
