REPORT TITLE:
Firearms

DESCRIPTION:
Provides for continuing obligations on the part of firearms
owners to meet registration requirements.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1880
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
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:

 1      SECTION 1.  The purpose of this Act is to provide for
 
 2 continuing obligations on the part of owners of firearms to
 
 3 demonstrate, on a periodic basis, that the firearm owner
 
 4 continues to meet the requirements for firearm registration.
 
 5      SECTION 2.  Section 134-3, Hawaii Revised Statutes, is
 
 6 amended to read as follows:
 
 7      "134-3  Registration, mandatory, exceptions.(a)  Every
 
 8 person arriving in the State who brings or by any other manner
 
 9 causes to be brought into the State a firearm of any description,
 
10 whether usable or unusable, serviceable or unserviceable, modern
 
11 or antique, shall register the firearm within three days after
 
12 arrival of the person or of the firearm, whichever arrives later,
 
13 with the chief of police of the county of the person's place of
 
14 business or, if there is no place of business, the person's
 
15 residence or, if there is neither a place of business nor
 
16 residence, the person's place of sojourn.  A nonresident alien
 
17 may bring firearms not otherwise prohibited by law into the State
 
18 for a continuous period not to exceed ninety days; provided that
 
19 the person meets the registration requirement of this section and
 
20 the person possesses:
 

 
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 1      (1)  A valid Hawaii hunting license procured under chapter
 
 2           183D, part II, or a commercial or private shooting
 
 3           preserve permit issued pursuant to section 183D-34;
 
 4      (2)  A written document indicating the person has been
 
 5           invited to the State to shoot on private land; or
 
 6      (3)  Written notification from a firing range or target
 
 7           shooting business indicating that the person will
 
 8           actually engage in target shooting. 
 
 9 The nonresident alien shall be limited to a nontransferable
 
10 registration of not more than ten firearms for the purpose of the
 
11 above activities.
 
12      (b)  Every person who acquires a firearm pursuant to section
 
13 134-2 shall register the firearm in the manner prescribed by this
 
14 section within five days of acquisition.  The registration shall
 
15 be on forms prescribed by the attorney general, which shall be
 
16 uniform throughout the State, and shall include the following
 
17 information: name of the manufacturer and importer; model; type
 
18 of action; caliber or gauge; serial number; and source from which
 
19 receipt was obtained, including the name and address of the prior
 
20 registrant.  If the firearm has no serial number, the permit
 
21 number shall be entered in the space provided for the serial
 
22 number, and the permit number shall be engraved upon the receiver
 
23 portion of the firearm prior to registration.  All registration
 

 
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 1 data that would identify the individual registering the firearm
 
 2 by name or address shall be confidential and shall not be
 
 3 disclosed to anyone, except as may be required for processing the
 
 4 registration or as may be required by a law enforcement agency
 
 5 for the lawful performance of its duties or as may be required by
 
 6 order of a court.
 
 7      (c)  Every person who has registered a firearm as prescribed
 
 8 by this section shall present all firearms owned or possessed by
 
 9 the person to the chief of police not later than the dates set
 
10 forth below, and at that time, shall demonstrate to the
 
11 satisfaction of the chief of police that the person continues to
 
12 meet the requirements of this chapter for ownership or possession
 
13 of the firearms so owned or possessed:
 
14      (1)  A person born in a year that ends with the number "1"
 
15           shall comply with this subsection not sooner than
 
16           January 1, 2001, and not later than December 31, 2001,
 
17           and in every fifth calendar year thereafter starting
 
18           with re-registration in calendar year 2011;
 
19      (2)  A person born in a year that ends with the number "2"
 
20           shall comply with this subsection not sooner than
 
21           January 1, 2002, and not later than December 31, 2002,
 
22           and in every fifth calendar year thereafter starting
 
23           with re-registration in calendar year 2012;
 

 
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 1      (3)  A person born in a year that ends with the number "3"
 
 2           shall comply with this subsection not sooner than
 
 3           January 1, 2003, and not later than December 31, 2003,
 
 4           and in every fifth calendar year thereafter starting
 
 5           with re-registration in calendar year 2013;
 
 6      (4)  A person born in a year that ends with the number "4"
 
 7           shall comply with this subsection not sooner than
 
 8           January 1, 2004, and not later than December 31, 2004,
 
 9           and in every fifth calendar year thereafter starting
 
10           with re-registration in calendar year 2014;
 
11      (5)  A person born in a year that ends with the number "5"
 
12           shall comply with this subsection not sooner than
 
13           January 1, 2005, and not later than December 31, 2005,
 
14           and in every fifth calendar year thereafter starting
 
15           with re-registration in calendar year 2015;
 
16      (6)  A person born in a year that ends with the number "6"
 
17           shall comply with this subsection not sooner than
 
18           January 1, 2006, and not later than December 31, 2006,
 
19           and in every fifth calendar year thereafter starting
 
20           with re-registration in calendar year 2011;
 
21      (7)  A person born in a year that ends with the number "7"
 
22           shall comply with this subsection not sooner than
 
23           January 1, 2007, and not later than December 31, 2007,
 

 
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 1           and in every fifth calendar year thereafter starting
 
 2           with re-registration in calendar year 2012;
 
 3      (8)  A person born in a year that ends with the number "8"
 
 4           shall comply with this subsection not sooner than
 
 5           January 1, 2008, and not later than December 31, 2008,
 
 6           and in every fifth calendar year thereafter starting
 
 7           with re-registration in calendar year 2013;
 
 8      (9)  A person born in a year that ends with the number "9"
 
 9           shall comply with this subsection not sooner than
 
10           January 1, 2009, and not later than December 31, 2009,
 
11           and in every fifth calendar year thereafter starting
 
12           with re-registration in calendar year 2014; and
 
13     (10)  A person born in a year that ends with the number "0"
 
14           shall comply with this subsection not sooner than
 
15           January 1, 2010, and not later than December 31, 2010,
 
16           and in every fifth calendar year thereafter starting
 
17           with re-registration in calendar year 2015.
 
18      [(c)](d)  Dealers licensed under section 134-31 or dealers
 
19 licensed by the United States Department of the Treasury shall
 
20 register firearms pursuant to this section on registration forms
 
21 prescribed by the attorney general and shall not be required to
 
22 have the firearms physically inspected by the chief of police at
 
23 the time of registration.
 

 
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 1      [(d)](e)  Registration shall not be required for:
 
 2      (1)  Any device that is designed to fire loose black powder
 
 3           or that is a firearm manufactured before 1899;
 
 4      (2)  Any device not designed to fire or made incapable of
 
 5           being readily restored to a firing condition; or
 
 6      (3)  All unserviceable firearms and destructive devices
 
 7           registered with the Bureau of Alcohol, Tobacco, and
 
 8           Firearms of the United States Department of the
 
 9           Treasury pursuant to Title 27, Code of Federal
 
10           Regulations.
 
11      [(e)](f)  No fee shall be charged for the registration[.] or
 
12 re-registration."
 
13      SECTION 3.  Section 134-17, Hawaii Revised Statutes, is
 
14 amended by amending subsection (c) to read as follows:
 
15      "(c)  Any person who violates section 134-2, 134-3(c), 134-
 
16 4, 134-10, 134-15, or 134-16(a) shall be guilty of a misdemeanor.
 
17 Any person who violates section 134-3(b) shall be guilty of a
 
18 [petty] misdemeanor and the firearm shall be confiscated as
 
19 contraband and disposed of, if the firearm is not registered
 
20 within five days of the person receiving notice of violation."
 
21      SECTION 4.  This Act does not affect rights and duties that
 
22 matured, penalties that were incurred, and proceedings that were
 
23 begun, before its effective date.
 

 
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 1      SECTION 5.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 6.  This Act shall take effect upon its approval.
 
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 5                           INTRODUCED BY:  _______________________
 
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