REPORT TITLE:
Firearms; Destruction


DESCRIPTION:
Provides for the forfeiture and destruction of all firearms and
ammunition owned or possessed by a felon convicted of a violent
crime.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2226
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.  Section 134-7, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (g) to read as follows:
 
 3      "(g)  Any person disqualified from ownership, possession, or
 
 4 control of firearms and ammunition by this chapter shall dispose
 
 5 of all firearms and ammunition in compliance with this
 
 6 chapter[.]; provided that all firearms and ammunition owned or
 
 7 possessed by any person who has been convicted in this State or
 
 8 elsewhere of having committed a felony constituting a crime of
 
 9 violence shall be forfeited and destroyed as provided in section
 
10 712A-16."
 
11      SECTION 2.  Section 712A-16, Hawaii Revised Statutes, is
 
12 amended as follows:
 
13      1.  By amending subsection (1) to read:
 
14      "(1)  All property forfeited to the State under this chapter
 
15 shall be transferred to the attorney general who:
 
16      (a)  May transfer property, other than currency, which shall
 
17           be distributed in accordance with subsection (2) to any
 
18           local or state government entity, municipality, or law
 
19           enforcement agency within the State;
 

 
Page 2                                                     2226
                                     H.B. NO.           
                                                        
                                                        


 1      (b)  May sell forfeited property to the public by public
 
 2           sale; provided that for leasehold real property:
 
 3           (i)  The attorney general shall first offer the holder
 
 4                of the immediate reversionary interest the right
 
 5                to acquire the leasehold interest and any
 
 6                improvements built or paid for by the lessee for
 
 7                the then fair market value of the leasehold
 
 8                interest and improvements.  The holder of the
 
 9                immediate reversionary interest shall have thirty
 
10                days after receiving written notice within which
 
11                to accept or reject the offer in writing; provided
 
12                that the offer shall be deemed to be rejected if
 
13                the holder of the immediate reversionary interest
 
14                has not communicated acceptance to the attorney
 
15                general within the thirty-day period.  The holder
 
16                of the immediate reversionary interest shall have
 
17                thirty days after acceptance to tender to the
 
18                attorney general the purchase price for the
 
19                leasehold interest and any improvements, upon
 
20                which tender the leasehold interest and
 
21                improvements shall be conveyed to the holder of
 
22                the immediate reversionary interest.
 

 
 
 
Page 3                                                     2226
                                     H.B. NO.           
                                                        
                                                        


 1          (ii)  If the holder of the immediate reversionary
 
 2                interest fails to exercise the right of first
 
 3                refusal provided in subparagraph (i), the attorney
 
 4                general may proceed to sell the leasehold interest
 
 5                and any improvements by public sale.
 
 6         (iii)  Any dispute between the attorney general and the
 
 7                holder of the immediate reversionary interest as
 
 8                to the fair market value of the leasehold interest
 
 9                and improvements shall be settled by arbitration
 
10                pursuant to chapter 658;
 
11      (c)  May sell or destroy all raw materials, products, and
 
12           equipment of any kind used or intended for use in
 
13           manufacturing, compounding, or processing a controlled
 
14           substance;
 
15      (d)  May compromise and pay valid claims against property
 
16           forfeited pursuant to this chapter; [or]
 
17      (e)  Shall provide for the destruction of all firearms and
 
18           ammunition owned or possessed by any person who has
 
19           been convicted in this State or elsewhere of having
 
20           committed a felony constituting a crime of violence.
 
21           All firearms or ammunition owned or possessed by any
 
22           such person that have been offered or admitted into
 

 
 
 
Page 4                                                     2226
                                     H.B. NO.           
                                                        
                                                        


 1           evidence in any trial of a criminal case shall be
 
 2           destroyed following the final disposition of the matter
 
 3           in which the firearm or ammunition was received in
 
 4           evidence.  The attorney general, with the assistance of
 
 5           the department of public safety and the chiefs of
 
 6           police of the respective counties, shall adopt rules
 
 7           pursuant to chapter 91 to implement this paragraph.  As
 
 8           used in this paragraph, the terms "firearm", "crime of
 
 9           violence", and "chief of police" have the same meanings
 
10           as defined in section 134-1; or
 
11     [(e)] (f)  May make any other disposition of forfeited
 
12           property authorized by law."
 
13      2.  By amending subsection (f) to read:
 
14      "(5)  [The] Except as provided in subsection (1)(e), the
 
15 attorney general [may], without regard to the requirements of
 
16 chapter 91, [promulgate] may adopt rules [and regulations]
 
17 concerning the disposition of property, the use of the fund, and
 
18 compromising and paying valid claims against property forfeited
 
19 pursuant to this chapter."
 
20      SECTION 3.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 
22      SECTION 4.  This Act shall take effect on July 1, 2000.
 
23 
 
24                           INTRODUCED BY:_________________________