REPORT TITLE:
Firearms

DESCRIPTION:
Provides for county police to conduct mental health and criminal
history inquiries on registered firearms owners every five years.
Provides for firearm registry update by affidavit every five
years.  Provides for surrender or confiscation of all firearms by
any person prohibited from owning or possessing firearms.
Provides for petty misdemeanor penalty for failure or refusal to
cooperate.  (HB1880 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1880
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
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.  Chapter 134, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "134-   Periodic mental health history and criminal record
 
 5 inquiry; registry update by affidavit; disposition; penalty.  a)
 
 6 In accordance with the schedule in subsection (c), the chief of
 
 7 police of each county shall conduct inquiries into the mental
 
 8 health histories and criminal records of all persons who own or
 
 9 possess firearms registered with the State.  Any person who owns
 
10 or possesses firearms who did not acquire at least one firearm
 
11 through the permit application process of section 134-2, shall,
 
12 upon request by the chief of police, provide the information and
 
13 waiver provided for in section 134-2 to the chief of police at
 
14 the time of the first above-noted inquiry into the person's
 
15 mental health history and criminal record.
 
16      (b)  In accordance with the schedule in subsection (c), the
 
17 chief of police of each county shall require each person who owns
 
18 or possesses firearms registered with the State to submit an
 
19 affidavit to the chief of police  listing all firearms currently
 
20 owned or possessed by the registrant, including corresponding
 

 
Page 2                                                     1880
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 serial numbers or permit numbers appearing thereon, and
 
 2 explaining, if applicable, the absence from the registrant's
 
 3 possession of any firearm previously registered.   
 
 4      (c)  The provisions of subsections (a) and (b) shall be
 
 5 implemented by the chief of police of each county as follows:
 
 6      (1)  For registrants born in years ending with the numbers
 
 7           "1" or "2":
 
 8           (A)  2001; and
 
 9           (B)  Every fifth calendar year thereafter;
 
10      (2)  For registrants born in years ending with the numbers
 
11           "3" or "4":
 
12           (A)   2002; and
 
13           (B)  Every fifth calendar year thereafter;
 
14      (3)  For registrants born in years ending with the numbers
 
15           "5" or "6":
 
16           (A)  2003; and
 
17           (B)  Every fifth calendar year thereafter;
 
18      (4 ) For registrants born in years ending with the numbers
 
19           "7" or "8":
 
20           (A)  2004; and
 
21           (B)  Every fifth calendar year thereafter; and
 
22      (5)  For registrants born in years ending with the numbers
 
23           "9" or "0":
 

 
Page 3                                                     1880
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           (A)  2005; and
 
 2           (B)  Every fifth calendar year thereafter.
 
 3      (d)  Any person prohibited from owning or possessing
 
 4 firearms pursuant to section 134-7, shall voluntarily surrender
 
 5 all firearms to a county chief of police.  Any person refusing to
 
 6 do so shall have all firearms in their ownership or possession
 
 7 confiscated and destroyed by the chief of police.
 
 8      (e)  The chief of police of each county shall adopt
 
 9 procedures to implement and administer the provisions of this
 
10 section by December 31, 2000.
 
11      (f)  The refusal or failure to cooperate with the chief of
 
12 police in the implementation of the provisions of this section
 
13 shall be a petty misdemeanor."
 
14      SECTION 2.  This Act does not affect rights and duties that
 
15 matured, penalties that were incurred, and proceedings that were
 
16 begun, before its effective date.
 
17      SECTION 3.  New statutory material is underscored.
 
18      SECTION 4.  This Act shall take effect upon its approval.