Firearms; Lic. Concealed

Details the circumstances under which and the persons to whom,
the chiefs of police may issue licenses to carry a concealed
weapon or firearm; details processes for license applications,
renewals, and record keeping; authorizes person to carry stun gun
or other electric gun for defensive, nonlethal purposes;
specifies instances where carrying concealed weapons and firearms
is strictly prohibited.

THE SENATE                              S.B. NO.           2127
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 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-    License to carry concealed weapon or firearm.  (a)
 5 The chiefs of police of the various counties are authorized to
 6 issue licenses to carry concealed weapons or concealed firearms
 7 to persons qualified as provided in this section.  These licenses
 8 shall be valid statewide for a period of three years.  Each
 9 license shall bear a color photograph of the licensee.  For the
10 purposes of this section, concealed weapons or concealed firearms
11 are defined as a handgun, electronic weapon or device, tear gas
12 gun, knife, or billy, but the term does not include an assault
13 pistol or automatic firearm as defined in section 134-1.  Any
14 person in compliance with the terms of the license may carry a
15 concealed weapon or concealed firearm notwithstanding section
16 134-6.  The licensee shall carry the license, together with valid
17 identification, at all times in which the licensee is in actual
18 possession of a concealed weapon or firearm and shall display
19 both the license and proper identification upon demand by a law

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 1 enforcement officer.  Violations of this subsection shall
 2 constitute a criminal infraction with a penalty of not more than
 3 a $500 fine, payable to the clerk of the court, and, or three
 4 days incarceration in jail.
 5      (b)  The appropriate chief of police shall issue a license
 6 if the applicant:
 7      (1)  Is a resident of the United States or is a consular
 8           security official of a foreign government that
 9           maintains diplomatic relations and treaties of
10           commerce, friendship, and navigation with the United
11           States and is certified as such by the foreign
12           government and by the appropriate embassy in this
13           country;
14      (2)  Is twenty-one years of age or older;
15      (3)  Does not suffer from a physical infirmity that prevents
16           the safe handling of a weapon or firearm;
17      (4)  Is not ineligible to possess a firearm pursuant to
18           section 134-7;
19      (5)  Does not chronically and habitually use intoxicating
20           liquor or other substances to the extent that the
21           person's normal faculties are impaired.  It shall be
22           presumed that an applicant chronically and habitually
23           uses intoxicating liquor or other substances to the

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 1           extent that the person's normal faculties are impaired
 2           if the applicant has been committed under chapter 334
 3           or has been convicted under part IV of chapter 712 or
 4           has been deemed a habitual offender under section
 5           291-4.4 or has had two or more convictions under
 6           section 291-4, 291-4.3, or 291-7 or similar laws of any
 7           other state, within the three-year period immediately
 8           preceding the date on which the application is
 9           submitted;
10      (6)  Desires a legal means to carry a concealed weapon or
11           firearm for lawful purposes;
12      (7)  Demonstrates competence with a firearm by meeting the
13           requirements of section 134-2(g).  A photocopy of a
14           certificate of completion of any of the courses or
15           classes, an affidavit from the instructor that
16           conducted or taught the course or class attesting to
17           the completion of the course or class by the applicant,
18           or a copy of any other document that shows completion
19           of the course or class shall constitute evidence of
20           qualification under this paragraph;
21      (8)  Has not been adjudicated an incapacitated person as
22           defined under section 554B-1 or 560:5-101, or similar
23           laws of any other state, unless five years have elapsed

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 1           since the applicant's restoration to capacity by court
 2           order;
 3      (9)  Has not been committed to a mental institution under
 4           chapter 334, or similar laws of any other state, unless
 5           the applicant produces a certificate from a licensed
 6           psychiatrist that the applicant has not suffered from
 7           disability for at least five years prior to the date of
 8           submission of the application, and is highly unlikely
 9           to relapse; and
10     (10)  Has not had adjudication of guilt withheld or
11           imposition of sentence suspended on any felony, unless
12           three years have elapsed since probation or any other
13           conditions set by the court have been fulfilled, or the
14           record has been sealed or expunged.
15      (c)  The appropriate chief of police may deny a license if
16 the applicant has been found guilty of one or more crimes of
17 violence constituting a misdemeanor, unless three years have
18 elapsed since probation or any other conditions set by the court
19 have been fulfilled, or the record has been sealed or expunged.
20 The chief of police may deny a license if the applicant has been
21 found guilty of one or more crimes of violence constituting a
22 felony, unless the records has been expunged.  The chief of
23 police, may revoke a license if the licensee has been found

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 1 guilty of one or more misdemeanor or felony crimes of violence
 2 within the preceding three years and shall revoke the licensee if
 3 so ordered by the court.  The chief of police, upon notification
 4 by a law enforcement agency, a court, or the attorney general,
 5 and subsequent written verification, shall suspend a license or
 6 the processing of an application for a license if the licensee or
 7 applicant is arrested or formally charged with a crime that would
 8 disqualify the person from having a license under this section,
 9 until final disposition of the case.
10      (d)  The application shall be completed, under oath, on a
11 form prescribed by the attorney general, which shall be uniform
12 throughout the State, and shall include:
13      (1)  The name, address, place and date of birth, race, and
14           occupation of the applicant;
15      (2)  A statement that the applicant is in compliance with
16           criteria contained within subsections (b) and (c);
17      (3)  A statement that the applicant has been furnished a
18           copy of this chapter and is knowledgeable of its
19           provisions;
20      (4)  A conspicuous warning that the application is executed
21           under oath and that a false answer to any question, or
22           the submission of any false document by the applicant,
23           subjects the applicant to criminal prosecution under

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 1           section 134-17(a); and
 2      (5)  A statement that the applicant desires a concealed
 3           weapon or firearms license for lawful purposes.
 4      (e)  The applicant shall submit to the appropriate chief of
 5 police:
 6      (1)  A completed application as described in subsection (d);
 7      (2)  A nonrefundable license fee not to exceed $85, if the
 8           applicant has not previously been issued a license, or
 9           a nonrefundable license fee not to exceed $70 for
10           renewal of a license.  Costs for processing the set of
11           fingerprints as required in paragraph (3) shall be
12           borne by the applicant.  If any individual described in
13           section 134-11(a)(1) or (4) wishes to receive a
14           concealed weapons or firearms license, the person is
15           exempt from the background investigation and all
16           background investigation fees, but shall pay the
17           current license fees regularly required to be paid by
18           nonexempt applicants; provided further that the person
19           is exempt from the required fees and background
20           investigation for a period of one year subsequent to
21           the date of retirement of the person;
22      (3)  A full set of fingerprints of the applicant
23           administered by a law enforcement agency;

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 1      (4)  A photocopy of a certificate or an affidavit or
 2           document as described in subsection (b)(7); and
 3      (5)  A full frontal view color photograph of the applicant
 4           taken within the preceding thirty days, in which the
 5           head, including hair, measures seven-eighths of an inch
 6           wide and one and one-eighth inches high.
 7      (f)  (1)  The appropriate chief of police, upon receipt of
 8           the items listed in subsection (e), shall forward the
 9           full set of fingerprints of the applicant to the
10           attorney general and the Federal Bureau of
11           Investigation for state and federal processing;
12           provided the federal service is available.  The cost of
13           processing the fingerprints shall be payable to the
14           State;
15      (2)  The county police department shall provide
16           fingerprinting service, if requested by the applicant,
17           and may charge a fee not to exceed $5 for this service;
18      (3)  The appropriate chief of police, within ninety days
19           after the date of receipt of the items listed in
20           subsection (e), shall:
21           (A)  Issue the license;
22           (B)  Deny the application based solely on the ground
23                that the applicant fails to qualify under

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 1                subsection (b) or (c).  Upon a denial of the
 2                application, the chief of police shall notify the
 3                applicant in writing, stating the ground for
 4                denial and informing the applicant of any right to
 5                a hearing pursuant to subsection (k); or
 6           (C)  If the chief of police receives criminal history
 7                information with no final disposition on a crime
 8                that may disqualify the applicant, the time
 9                limitation prescribed by this paragraph may be
10                suspended until receipt of the final disposition
11                or proof of restoration of civil and firearm
12                rights;
13      (4)  If a legible set of fingerprints, as determined by the
14           attorney general or the Federal Bureau of
15           Investigation, cannot be obtained after two attempts,
16           the attorney general shall determine eligibility based
17           upon name checks conducted by the criminal justice data
18           center; and
19      (5)  A consular security official of a foreign government
20           that maintains diplomatic relations and treaties of
21           commerce, friendship, and navigation with the United
22           States and is certified as such by the foreign
23           government and by the appropriate embassy in this

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 1           country shall be issued a license within twenty days
 2           after the date of the receipt of a completed
 3           application, meeting all the requirements set forth in
 4           this section, and a nonrefundable license fee of $300.
 5           Consular security official licenses shall be valid for
 6           one year and may be renewed upon completion of the
 7           application process as provided in this section.
 8      (g)  The attorney general shall maintain an automated
 9 listing of license holders and pertinent information, which shall
10 be available on-line, upon request, at all times to all law
11 enforcement agencies through the criminal justice data center.
12      (h)  Within thirty days after the changing of a permanent
13 address, or within thirty days after having a license lost or
14 destroyed, the licensee shall notify the appropriate chief of
15 police of the change or loss.  Failure to notify the appropriate
16 chief of police pursuant to this subsection shall constitute a
17 noncriminal violation with a penalty of a $25 fine.
18      (i)  If a concealed weapon or firearm license is lost or
19 destroyed, the license shall be automatically invalid, and the
20 person to whom the license was issued, upon payment of $15 to the
21 appropriate chief of police, may obtain a duplicate, or
22 substitute thereof, upon furnishing a notarized statement to the
23 chief of police that the license has been lost or destroyed.

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                                     S.B. NO.           2127

 1      (j)  A license issued under this section shall be suspended
 2 or revoked by the chief of police, pursuant to subsection (k), if
 3 the licensee is found to be or subsequently becomes ineligible
 4 under the criteria set forth in subsection (b) or (c).
 5      (k)  Any person denied a license, or who has a license
 6 suspended or revoked, under this section shall have the right to
 7 a hearing on the denial, or suspension, or revocation, subject to
 8 the requirements for contested cases and judicial review under
 9 chapter 91.
10      (l)  Not less than ninety days prior to the expiration date
11 of the license, the appropriate chief of police shall mail to
12 each licensee a written notice of the expiration and a renewal
13 form prescribed by the attorney general.  The licensee must renew
14 the license, on or before the expiration date, by filing with the
15 attorney general the renewal form containing:  a notarized
16 affidavit stating that the licensee remains qualified pursuant to
17 the criteria specified in subsections (b) and (c); a color
18 photograph as specified in paragraph (e)(5); and the required
19 renewal fee.  Out-of-state residents also must submit a completed
20 fingerprint card and fingerprint processing fee.  The license
21 shall be renewed upon receipt of the completed renewal form,
22 color photograph, appropriate payment of fees, and, if
23 applicable, a completed fingerprint card.  Additionally, a

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 1 licensee who fails to file a renewal application on or before its
 2 expiration date shall renew the license by paying a late fee of
 3 $15.  No license shall be renewed six months or more after its
 4 expiration date, and the license shall be deemed to be
 5 permanently expired.  A person whose license has permanently
 6 expired may reapply for licensure; however, an application for
 7 licensure and fees pursuant to subsection (e) shall be submitted,
 8 and a background investigation shall be conducted pursuant to
 9 this section.  Persons who knowingly file false information
10 pursuant to this subsection shall be subject to criminal
11 prosecution under section 134-17(a).
12      (m)  No license issued pursuant to this section shall
13 authorize any person to carry a concealed weapon or firearm into
14 any:
15      (1)  Place of nuisance pursuant to section 712-1270;
16      (2)  Police station;
17      (3)  Detention facility, prison, or jail;
18      (4)  Courthouse;
19      (5)  Courtroom, except that nothing in this section shall
20           preclude a judge from carrying a concealed weapon or
21           determining who may carry a concealed weapon in the
22           courtroom;
23      (6)  Polling place;

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 1      (7)  Meeting of the governing body of a county, the board of
 2           education, or any neighborhood board;
 3      (8)  Meeting of the legislature or a committee thereof;
 4      (9)  School, college, or professional athletic event not
 5           related to firearms;
 6     (10)  School administration building;
 7     (11)  Portion of an establishment licensed to dispense
 8           intoxicating liquor for consumption on the premises,
 9           which portion of the establishment is primarily devoted
10           to this purpose;
11     (12)  Elementary or secondary school facility;
12     (13)  College or university facility, unless the licensee is
13           a registered student, employee, or faculty member of
14           the college or university and the weapon is a stun gun
15           or nonlethal electric weapon or device designed solely
16           for defensive purposes and the weapon does not fire a
17           dart or projectile;
18     (14)  Inside the passenger terminal and sterile area of any
19           airport; provided that no person shall be prohibited
20           from carrying any legal firearm into the terminal, if
21           the firearm is encased for shipment for purposes of
22           checking the firearm as baggage to be lawfully
23           transported on any aircraft; or any place where the

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 1           carrying of firearms is prohibited by federal law.
 2      Any person who wilfully violates any provision of this
 3 subsection commits a class C felony.
 4      (n)  All funds received by a county police department
 5 pursuant to this section shall be deposited into the general fund
 6 of the respective county and shall be budgeted to the police
 7 department.
 8      (o)  The attorney general shall maintain statistical
 9 information on the number of licenses issued, revoked, suspended,
10 and denied."
11      SECTION 2.  Section 134-9, Hawaii Revised Statutes, is
12 repealed.
13      ["134-9 Licenses to carry.(a)  In an exceptional case,
14 when an applicant shows reason to fear injury to the applicant's
15 person or property, the chief of police of the appropriate county
16 may grant a license to an applicant who is a citizen of the
17 United States of the age of twenty-one years or more or to a duly
18 accredited official representative of a foreign nation of the age
19 of twenty-one years or more to carry a pistol or revolver and
20 ammunition therefor concealed on the person within the county
21 where the license is granted.  Where the urgency or the need has
22 been sufficiently indicated, the respective chief of police may
23 grant to an applicant of good moral character who is a citizen of

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                                     S.B. NO.           2127

 1 the United States of the age of twenty-one years or more, is
 2 engaged in the protection of life and property, and is not
 3 prohibited under section 134-7 from the ownership or possession
 4 of a firearm, a license to carry a pistol or revolver and
 5 ammunition therefor unconcealed on the person within the county
 6 where the license is granted.  Unless renewed, the license shall
 7 expire one year from the date of issue.
 8      (b)  The chief of police of each county shall adopt
 9 procedures to require that any person granted a license to carry
10 a concealed weapon on the person shall:
11      (1)  Be qualified to use the firearm in a safe manner;
12      (2)  Appear to be a suitable person to be so licensed;
13      (3)  Not be prohibited under section 134-7 from the
14           ownership or possession of a firearm; and
15      (4)  Not have been adjudged insane or not appear to be
16           mentally deranged.
17      (c)  No person shall carry concealed or unconcealed on the
18 person a pistol or revolver without being licensed to do so under
19 this section or in compliance with sections 134-5(c) or 134-6.
20      (d)  A fee of $10 shall be charged for each license and
21 shall be deposited in the treasury of the county in which the
22 license is granted."]
23      SECTION 3.  Section 134-16, Hawaii Revised Statutes, is

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                                     S.B. NO.           2127

 1 repealed.
 2      ["134-16 Restriction on possession, sale, gift, or delivery
 3 of electric guns.(a)  It shall be unlawful for any person,
 4 including a licensed manufacturer, licensed importer, or licensed
 5 dealer, to possess, offer for sale, hold for sale, sell, give,
 6 lend, or deliver any electric gun.
 7      (b) Any electric gun in violation of subsection (a) shall be
 8 confiscated and disposed of by the chief of police."]
 9      SECTION 4.  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 5.  Statutory material to be repealed is bracketed.
13 New statutory material is underscored.
14      SECTION 6.  This Act shall take effect upon its approval.
16                           INTRODUCED BY:  _______________________