Report Title:

Firearms; Mental Health History; Criminal Record Inquiry

 

Description:

Requires the police to conduct periodic checks into the mental health history and criminal records, based on a statutory schedule, of all persons who own or possess firearms registered in the State.

 

THE SENATE

S.B. NO.

861

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. Chapter 134, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:

"§134-   Periodic mental health history and criminal record inquiry; registry update by affidavit; disposition; penalty. (a) In accordance with the schedule in subsection (c), the chief of police of each county shall conduct inquiries into the mental health histories and criminal records of all persons who own or possess firearms registered with the State, including any person who owns or possesses firearms of which at least one firearm was not acquired through the permit application process under section 134-2. Any person who acquired rifles or shotguns prior to July 1, 1994, upon request by the chief of police, shall provide the information and waiver under section 134-2 to the chief of police at the time of the first inquiry under the schedule into the person's mental health history and criminal record.

(b) In accordance with the schedule in subsection (c), the chief of police of each county shall require each person who owns or possesses firearms acquired or registered with the State to submit an affidavit to the chief of police in person listing all firearms currently owned or possessed by the registrant, including corresponding serial numbers or permit numbers, and explaining, if applicable, the absence from the registrant's or owner's possession of any firearm previously registered or acquired.

(c) Subsections (a) and (b) shall be implemented by the chief of police of each county as follows:

(1) For registrants or owners born in a year ending with the number "2":

(A) 2002 and every fifth calendar year thereafter; or

(B) When a new firearm is registered within the five year re-registration period;

(2) For registrants or owners born in a year ending with the number "3":

(A) 2003 and every fifth calendar year thereafter; or

(B) When a new firearm is registered within the five year re-registration period;

(3) For registrants or owners born in a year ending with the number "4":

(A) 2004 and every fifth calendar year thereafter; or

(B) When a new firearm is registered within the five year re-registered period;

(4) For registrants or owners born in a year ending with the number "5":

(A) 2005 and every fifth calendar year thereafter; or

(B) When a new firearm is registered within the five year re-registered period;

(5) For registrants or owners born in a year ending with the number "6":

(A) 2006 and every fifth calendar year thereafter; or

(B) When a new firearm is registered within the five year re-registered period;

(6) For registrants or owners born in a year ending with the number "7":

(A) 2007 and every fifth calendar year thereafter; or

(B) When a new firearm is registered within the five year re-registered period;

(7) For registrants or owners born in a year ending with the number "8":

(A) 2008 and every fifth calendar year thereafter; or

(B) When a new firearm is registered within the five year re-registered period;

(8) For registrants or owners born in a year ending with the number "9":

(A) 2009 and every fifth calendar year thereafter; or

(B) When a new firearm is registered within the five year re-registered period;

(9) For registrants or owners born in a year ending with the number "0":

(A) 2010 and every fifth calendar year thereafter; or

(B) When a new firearm is registered within the five year re-registered period;

(10) For registrants or owners born in a year ending with the number "1":

(A) 2011 and every fifth calendar year thereafter; or

(B) When a new firearm is registered within the five year re-registered period.

(d) The chief of police of each county shall adopt procedures to implement and administer this section by December 31, 2001.

(e) The refusal or failure to cooperate with the chief of police in the implementation of this section shall be a petty misdemeanor.

§134-   Surrender of illegal firearms. Any person prohibited from owning or possessing firearms pursuant to sections 134-7 and 134-13, shall surrender all firearms to a county chief of police. Any person refusing to do so shall have all firearms in their ownership or possession confiscated and destroyed by the chief of police."

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. New statutory material is underscored.

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

INTRODUCED BY:

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