REPORT TITLE:
Police seizure of firearms.


DESCRIPTION:
Allows for the police seizure of firearms and ammunition owned by
persons who have been arrested for committing a violent crime or
domestic abuse.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2044
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE CONFISCATION OF FIREARMS.
 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  In response to the increasing number of violent
 
 2 crimes involving firearms committed in Hawaii, stricter firearm
 
 3 control measures must be imposed against those likely to commit
 
 4 violent crimes.  Access to firearms and ammunition must be
 
 5 reduced for those who are directly or indirectly dangerous to
 
 6 public health and safety.
 
 7      Therefore, the purpose of this Act is to designate persons
 
 8 directly or indirectly dangerous to public safety and authorize
 
 9 police officers to seize firearms and ammunition legally owned or
 
10 possessed by these persons.
 
11      SECTION 2.  Section 134-7.5, Hawaii Revised Statutes, is
 
12 amended by amending the title and subsections (a) to (c) to read
 
13 as follows:
 
14      "[[]134-7.5[]]  Seizure of firearms in crimes of violence
 
15 and domestic abuse situations; requirements; return of.(a)  Any
 
16 police officer [who] may seize any firearm or ammunition owned or
 
17 in the possession of a person where:  
 
18      (1)  The officer has reasonable grounds to believe that [a]
 
19           the person has recently assaulted or threatened to
 

 
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 1           assault a family or household member [may seize all
 
 2           firearms and ammunition that the police officer has
 
 3           reasonable grounds to believe were] and the firearm was
 
 4           used or threatened to be used in the commission of the
 
 5           offense[.]; or
 
 6      (2)  The person is being arrested for committing a crime of
 
 7           violence or domestic violence offense under chapter
 
 8           586.  
 
 9 The police officer may seize any [firearms] firearm or ammunition
 
10 that [are] is in plain view of the officer or were discovered
 
11 pursuant to a consensual search, as necessary for the protection
 
12 of the officer or any family or household member.  Firearms
 
13 seized under this section shall be taken to the appropriate
 
14 county police department for safekeeping or as evidence.
 
15      (b)  Upon taking possession of a firearm or ammunition, the
 
16 officer shall give the owner or person who was in lawful
 
17 possession of the firearm or ammunition a receipt identifying the
 
18 firearm or ammunition and indicating where the firearm or
 
19 ammunition can be recovered.
 
20      (c)  The officer taking possession of the firearm or
 
21 ammunition shall:
 
22      (1)  In cases involving domestic abuse, notify the [person]
 
23           victims against whom the alleged assault or threatened
 

 
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 1           assault was inflicted of remedies and services
 
 2           available to victims of domestic violence, including
 
 3           the right to apply for a domestic abuse restraining
 
 4           order[.]; or  
 
 5      (2)  In cases involving crimes of violence, notify alleged
 
 6           victims of remedies available to victims of crimes of
 
 7           violence, including the right to apply for applicable
 
 8           restraining orders."
 
 9      SECTION 3.  This Act does not affect rights and duties that
 
10 matured, penalties that were incurred, and proceedings that were
 
11 begun, before its effective date.
 
12      SECTION 4.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 5.  This Act shall take effect upon its approval.
 
15 
 
16                           INTRODUCED BY:  _______________________