Firearms; Protective Orders

Repeals good cause exemption for possession of firearms by a
person who is the subject of a restraining order. 

THE SENATE                              S.B. NO.           2070
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Section 134-7, Hawaii Revised Statutes, is
 2 amended by amending subsection (f) to read as follows:
 3      "(f)  No person who has been restrained pursuant to an order
 4 of any court, including an ex parte order as provided in this
 5 subsection, from contacting, threatening, or physically abusing
 6 any person, shall possess or control any firearm or ammunition
 7 therefor, so long as the protective order or any extension is in
 8 effect[, unless the order, for good cause shown, specifically
 9 permits the possession of a firearm and ammunition].  The
10 restraining order or order of protection shall specifically
11 include a statement that possession or control of a firearm or
12 ammunition by the person named in the order is prohibited.  Such
13 person shall relinquish possession and control of any firearm and
14 ammunition owned by that person to the police department of the
15 appropriate county for safekeeping for the duration of the order
16 or extension thereof.  In the case of an ex parte order, the
17 affidavit or statement under oath that forms the basis for the
18 order shall contain a statement of the facts that support a

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                                     S.B. NO.           2070

 1 finding that the person to be restrained owns, intends to obtain,
 2 or possesses a firearm, and that the firearm may be used to
 3 threaten, injure, or abuse any person.  The ex parte order shall
 4 be effective upon service pursuant to section 586-6.  At the time
 5 of service of a restraining order involving firearms and
 6 ammunition issued by any court, the police officer may take
 7 custody of any and all firearms and ammunition in plain sight,
 8 those discovered pursuant to a consensual search, and those
 9 firearms surrendered by the person restrained.  If the person
10 restrained is the registered owner of a firearm and knows the
11 location of the firearm but refuses to surrender the firearm or
12 refuses to disclose the location of the firearm, the person
13 restrained shall be guilty of a misdemeanor.  In any case, when a
14 police officer is unable to locate the firearms and ammunition
15 either registered under this chapter or known to the person
16 granted protection by the court, the police officer shall apply
17 to the court for a search warrant pursuant to chapter 803 for the
18 limited purpose of seizing the firearm and ammunition.
19      [For the purposes of this subsection, good cause shall not
20 be based solely upon the consideration that the person subject to
21 restraint pursuant to an order of any court, including an ex
22 parte order as provided for in this subsection, is required to

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                                     S.B. NO.           2070

 1 possess or carry firearms or ammunition during the course of
 2 their employment.  Good cause consideration may include, but not
 3 be limited to, the protection and safety of the person to whom a
 4 restraining order is granted.]"
 5      SECTION 2.  Statutory material to be repealed is bracketed.
 6      SECTION 3.  This Act shall take effect upon its approval.
 8                           INTRODUCED BY:_________________________