Firearms; Ownership

Establishes firearms owner identification card for acquiring
firearms.  Establishes an instant electronic criminal background
checking system for conducting firearms background checks.

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

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 134, Hawaii Revised Statutes, is amended
 2 by adding two new sections to be appropriately designated and to
 3 read as follows:
 4      "134-    Firearms owner identification card.  (a)
 5 Effective July 1, 2000, the chief of police of the respective
 6 counties shall issue firearms owner identification cards to any
 7 person permitted to acquire a firearm under section 134-2.  After
 8 June 30, 2010, no person shall acquire a firearm unless the
 9 person has a valid firearms owner identification card.
10      (b)  The format and information contained on the firearms
11 owner identification card shall be prescribed by the attorney
12 general and shall be uniform throughout the State; provided that
13 the card shall be the same size as the Hawaii drivers' license
14 and shall be of a durable material and shall include, at a
15 minimum, the owner's name, address, sex, height, weight, date of
16 birth, social security number, recent photo and an expiration
17 date.
18      (c)  A firearms owner identification card may be applied for
19 and renewed at any police station.  Cards shall be granted unless

Page 2                                                     3017
                                     S.B. NO.           

 1 a written denial, stating the reasons for the denial, is made
 2 within two weeks from the date of application.
 3      (d)  Notwithstanding section 134-2 or any other law to the
 4 contrary, any person possessing a valid firearms owner
 5 identification card may acquire an otherwise legal firearm
 6 without complying with the permit process or the fourteen day
 7 waiting period required in section 134-2.
 8      (e)  Notwithstanding section 134-3 or any other law to the
 9 contrary, any person possessing a valid firearms owner
10 identification card may register electronically, with the
11 appropriate police chief, any new acquisitions or firearms
12 brought into the State and may obtain and sign the registration
13 certificate at any police station.
14      134-    Instant electronic criminal background checking
15 system.  (a)  An instant electronic criminal background checking
16 system capable of sharing data with existing mainland sources
17 shall be established not later than December 31, 2001.  The
18 attorney general shall supervise the installation of the instant
19 electronic criminal background checking system for each county
20 police department.  The attorney general shall seek funding from
21 federal sources to implement this section.  After January 1,
22 2002, all requisite firearms background checks shall be conducted

Page 3                                                     3017
                                     S.B. NO.           

 1 using the instant electronic criminal background checking system.
 2      (b)  The county police departments shall keep records on
 3 firearms theft statistics, including but not limited to the
 4 number of incidents, arrests, and convictions, and shall transmit
 5 this information on a quarterly basis to the attorney general.
 6 The attorney general shall compile these statistics for all the
 7 counties and shall report annually to the legislature not later
 8 than twenty days prior to commencement of the regular session."
 9      SECTION 2.  Section 134-7, Hawaii Revised Statutes, is
10 amended to read as follows:
11      "134-7 Ownership or possession prohibited, when; penalty.
12 (a)  No person who is a fugitive from justice shall own, possess,
13 or control any firearm or ammunition therefor.
14      (b)  No person who is under indictment for, or has waived
15 indictment for, or has been bound over to the circuit court for,
16 or has been convicted in this State or elsewhere of having
17 committed a felony, or any crime of violence, or an illegal sale
18 of any drug shall own, possess, or control any firearm or
19 ammunition therefor.
20      (c)  No person who:
21      (1)  Is or has been under treatment or counseling for
22           addiction to, abuse of, or dependence upon any

Page 4                                                     3017
                                     S.B. NO.           

 1           dangerous, harmful, or detrimental drug, intoxicating
 2           compound as defined in section 712-1240, or
 3           intoxicating liquor;
 4      (2)  Has been acquitted of a crime on the grounds of mental
 5           disease, disorder, or defect pursuant to section
 6           704-411; or
 7      (3)  Is or has been diagnosed as having a significant
 8           behavioral, emotional, or mental disorders as defined
 9           by the most current diagnostic manual of the American
10           Psychiatric Association or for treatment for organic
11           brain syndromes;
12 shall own, possess, or control any firearm or ammunition
13 therefor[,] or a firearms owner identification card, unless the
14 person has been medically documented to be no longer adversely
15 affected by the addiction, abuse, dependence, mental disease,
16 disorder, or defect.
17      (d)  No person who is less than twenty-five years old and
18 has been adjudicated by the family court to have committed a
19 felony, two or more crimes of violence, or an illegal sale of any
20 drug shall own, possess or control any firearm or ammunition
21 therefor.
22      (e)  No minor who:

Page 5                                                     3017
                                     S.B. NO.           

 1      (1)  Is or has been under treatment for addiction to any
 2           dangerous, harmful, or detrimental drug, intoxicating
 3           compound as defined in section 712-1240, or
 4           intoxicating liquor;
 5      (2)  Is a fugitive from justice; or
 6      (3)  Has been determined not to have been responsible for a
 7           criminal act or has been committed to any institution
 8           on account of a mental disease, disorder, or defect;
 9 shall own, possess, or control any firearm or ammunition
10 therefor[,] or a firearms owner identification card, unless the
11 minor has been medically documented to be no longer adversely
12 affected by the addiction, mental disease, disorder, or defect.
13      For the purposes of enforcing this section, and
14 notwithstanding section 571-84 or any other law to the contrary,
15 any agency within the State shall make its records relating to
16 family court adjudications available to law enforcement
17 officials.
18      (f)  No person who has been restrained pursuant to an order
19 of any court, including an ex parte order as provided in this
20 subsection, from contacting, threatening, or physically abusing
21 any person, shall possess or control any firearm or ammunition
22 therefor[,] or a firearms owner identification card, so long as

Page 6                                                     3017
                                     S.B. NO.           

 1 the protective order or any extension is in effect, unless the
 2 order, for good cause shown, specifically permits the possession
 3 of a firearm and ammunition[.] and a firearms owner
 4 identification card.  The restraining order or order of
 5 protection shall specifically include a statement that possession
 6 or control of a firearm or ammunition and a firearms owner
 7 identification card by the person named in the order is
 8 prohibited.  Such person shall relinquish possession and control
 9 of any firearm and ammunition owned by that person and the
10 firearms owner identification card to the police department of
11 the appropriate county for safekeeping for the duration of the
12 order or extension thereof.  In the case of an ex parte order,
13 the affidavit or statement under oath that forms the basis for
14 the order shall contain a statement of the facts that support a
15 finding that the person to be restrained owns, intends to obtain,
16 or possesses a firearm[,] or a firearms owner identification
17 card, and that the firearm may be used to threaten, injure, or
18 abuse any person.  The ex parte order shall be effective upon
19 service pursuant to section 586-6.  At the time of service of a
20 restraining order involving firearms and ammunition issued by any
21 court, the police officer may take custody of any and all
22 firearms and ammunition or firearms owner identification card in

Page 7                                                     3017
                                     S.B. NO.           

 1 plain sight, those discovered pursuant to a consensual search,
 2 and those firearms or firearms owner identification card
 3 surrendered by the person restrained.  If the person restrained
 4 is the registered owner of a firearm and knows the location of
 5 the firearm but refuses to surrender the firearm and the firearms
 6 owner identification card or refuses to disclose the location of
 7 the firearm, the person restrained shall be guilty of a
 8 misdemeanor.  In any case, when a police officer is unable to
 9 locate the firearms and ammunition either registered under this
10 chapter or known to the person granted protection by the court,
11 the police officer shall apply to the court for a search warrant
12 pursuant to chapter 803 for the limited purpose of seizing the
13 firearm [and], ammunition[.], and firearms owner identification
14 card.
15      For the purposes of this subsection, good cause shall not be
16 based solely upon the consideration that the person subject to
17 restraint pursuant to an order of any court, including an ex
18 parte order as provided for in this subsection, is required to
19 possess or carry firearms or ammunition during the course of
20 their employment.  Good cause consideration may include, but not
21 be limited to, the protection and safety of the person to whom a
22 restraining order is granted.

Page 8                                                     3017
                                     S.B. NO.           

 1      (g)  Any person licensed under chapter 453 or 465 or
 2 certified pursuant to section 321-193 who treats a patient for
 3 any of the purposes listed in subsection (c)(1) to (3) shall
 4 report that treatment to the department of health, which shall
 5 forward the information to the applicable county police
 6 department.  The chiefs of police of the respective counties
 7 shall institute a routine periodic cross check of this
 8 information against firearms registration records and records of
 9 firearms owner identification cardholders to ensure compliance
10 with this section.
11      (h)  The records of any person transferred to a state or
12 county agency pursuant to subsection (g) shall be strictly
13 confidential.  This information shall not be released or made
14 public upon subpoena or any other method of discovery.
15 Notwithstanding any other provision to the contrary, release of
16 the records protected under this part shall be permitted under
17 the following circumstances:
18      (1)  Release is made to the department of health or a county
19           police department in compliance with subsection (g) or
20           with any federal reporting requirements imposed on the
21           State;
22      (2)  Release is made of the records, or of specific medical

Page 9                                                     3017
                                     S.B. NO.           

 1           or epidemiological information contained therein, with
 2           the prior written consent of the person or persons to
 3           whom the records pertain;
 4      (3)  Release is made to medical personnel in a medical
 5           emergency only to the extent necessary to protect the
 6           health, life, or well-being of the named party;
 7      (4)  Release is made to the patient's health care insurer to
 8           obtain reimbursement for services rendered to the
 9           patient; provided that release shall not be made if,
10           after being informed that a claim will be made to an
11           insurer, the patient is afforded the opportunity to
12           make the reimbursement directly and actually makes the
13           reimbursement;
14      (5)  Release is made by the patient's health care provider
15           to another health care provider for the purpose of
16           continued care or treatment of the patient; or
17      (6)  Release is made pursuant to a court order, after an in
18           camera review of the records, upon a showing of good
19           cause by the party seeking release of the records.
20 Recording or maintaining information protected under this section
21 in a separate portion of an individual's file that is clearly
22 designated as confidential shall not be construed as a breach per

Page 10                                                    3017
                                     S.B. NO.           

 1 se of that individual's confidentiality.  No person shall be
 2 compelled to consent to the release of information protected
 3 under this section.  Any person who receives or comes into
 4 possession of any record or information released or disclosed
 5 pursuant to this subsection shall be subject to the same
 6 obligation of confidentiality as the party from whom the record
 7 or information was received.
 8      [(g)] (i)  Any person disqualified from ownership,
 9 possession, or control of firearms [and], ammunition, and a
10 firearms owner identification card by this chapter shall dispose
11 of all firearms [and], ammunition, and firearms owner
12 identification card in compliance with this chapter.
13      [(h)] (j)  Any person violating subsection (a) or (b) shall
14 be guilty of a class C felony; provided that any felon violating
15 subsection (b) shall be guilty of a class B felony.  Any person
16 violating subsection (c), (d), (e), (f), or [(g)] (i) shall be
17 guilty of a misdemeanor."
18      SECTION 3.  There is appropriated out of the general
19 revenues of the State of Hawaii the sum of $          , or so
20 much thereof as may be necessary for fiscal year 2000-2001, for
21 the purpose of establishing and implementing an instant
22 electronic criminal background checking system.  The sum

Page 11                                                    3017
                                     S.B. NO.           

 1 appropriated shall be expended by the department of the attorney
 2 general for the purposes of this Act.
 3      SECTION 4.  Statutory material to be repealed is bracketed.
 4 New statutory material is underscored.
 5      SECTION 5.  This Act shall take effect upon its approval,
 6 except that section 3 shall take effect on July 1, 2000.
 8                              INTRODUCED BY:______________________