Report Title:

Firearms; Trigger Lock

 

Description:

Prohibits the transfer of firearms without trigger locks. Authorizes the use of trigger locks in storing firearms near minors.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

245

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 134-4, Hawaii Revised Statutes, is amended to read as follows:

"§134-4 Transfer, possession of firearms. (a) No transfer of any rifle having a barrel length of sixteen inches or over or any shotgun having a barrel length of eighteen inches or over, whether usable or unusable, serviceable or unserviceable, modern or antique, registered under prior law or by a prior owner, or unregistered shall be made to any person under the age of eighteen years, except as provided by section 134-5.

(b) No person shall possess any firearm that is owned by another, regardless of whether the owner has consented to possession of the firearm, without a permit from the chief of police of the appropriate county, except as provided in subsection (c) and section 134-5.

(c) Any lawfully acquired rifle or shotgun may be lent to an adult for use within the State for a period not to exceed fifteen days without a permit; provided that where the rifle or shotgun is to be used outside of the State, the loan may be for a period not to exceed seventy-five days.

(d) No person shall knowingly lend a firearm to any person who is prohibited from ownership or possession of a firearm under section 134-7.

(e) After July 1, 1992, no person shall bring or cause to be brought into the State an assault pistol. No assault pistol may be sold or transferred on or after July 1, 1992, to anyone within the State other than to a dealer licensed under section 134-32 or the chief of police of any county except that any person who obtains title by bequest or intestate succession to an assault pistol registered within the State shall, within ninety days, render the weapon permanently inoperable, sell or transfer the weapon to a licensed dealer or the chief of police of any county, or remove the weapon from the State.

(f) No person shall sell, deliver, or otherwise transfer any firearm to another unless the firearm is equipped with a tamper-resistant trigger lock, gun lock, or gun locking device that is constructed of material sufficiently strong to prevent the trigger lock, gun lock, or gun locking device from being easily disabled and has a locking mechanism accessible by key or by electronic or other mechanical accessory specific to the lock or device to prevent unauthorized removal."

SECTION 2. Section 134-10.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§134-10.5[]] Storage of firearm; responsibility with respect to minors. No person shall store or keep any firearm on any premises under the person's control if the person knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor, unless the person:

(1) Keeps the firearm in a securely locked box or other container or in a location that a reasonable person would believe to be secure; [or]

(2) Carries the firearm on the person or within such close proximity thereto that the person readily can retrieve and use it as if it were carried on the person[.]; or

(3) Equips the firearm with a tamper-resistant trigger lock, gun lock, or gun locking device that is constructed of material sufficiently strong to prevent the trigger lock, gun lock, or gun locking device from being easily disabled and has a locking mechanism accessible by key or by electronic or other mechanical accessory specific to the lock or device to prevent unauthorized removal.

For purposes of this section, "minor" means any person under the age of sixteen years."

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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