Report Title:

Firearms, When Returned

 

Description:

Extends period after which firearms seized in domestic violence situations can be returned from 7 working days to 14 days.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1208

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO FIREARMS.

 

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

SECTION 1. Section 134-7.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

"(d) The firearm or ammunition shall be [made available] returned to the owner or person who was in lawful possession of the firearm or ammunition [within seven working] fourteen days after the [seizure] person requests for its return when:

(1) The firearm or ammunition [are] is not retained for use as evidence;

(2) The firearm or ammunition [are] is not retained because they are possessed illegally;

(3) The owner or person who has lawful possession of the firearm or ammunition is not restrained by an order of any court from possessing a firearm or ammunition; [and]

(4) No criminal charges are pending against the owner or person who has lawful possession of the firearm or ammunition when a restraining order has already issued[.]; and

(5) The owner or person can legally possess a firearm as indicated by section 134-7."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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