Report Title:

Firearms; Storage

Description:

Requires attorney general to adopt rules setting minimum standards for firearms dealers licensed under section 134-32, HRS, to secure firearms in the ordinary course of business and in the event of a natural disaster. Requires dealers to report theft of a firearm within 24-hours.

HOUSE OF REPRESENTATIVES

H.B. NO.

1926

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to firearms.

 

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

SECTION 1. The legislature finds that firearm dealers licensed under state law currently are under no obligation to ensure that their inventories are secured against theft, either in the normal course of business or during a natural disaster or national emergency. The absence of such requirements during and in the aftermath of Hurricane Katrina permitted the widescale looting of firearms which were then used to attack survivors, rescue personnel, and law enforcement officials alike.

The legislature further finds that, while the county chiefs of police are primarily responsible for administration of the firearms laws of this State, chapter 134, Hawaii Revised Statutes, delegates to the attorney general the responsibility of developing standardized forms and procedures for the police to use in administering the firearms laws. This ensures uniform application of firearm laws throughout the State.

The purpose of this Act is to require the attorney general to adopt rules for the secure storage of firearms by firearms dealers and thereby to prevent the gun violence that wreaked havoc on rescue and recovery efforts in the wake of Hurricane Katrina.

SECTION 2. Part II, Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§134- Secure storage of firearms; report of theft; penalty. (a) Any person who is licensed pursuant to section 134-31 shall ensure that all firearms and ammunition in the licensee's inventory are secured from theft at all times. Licensees shall maintain an accurate and current inventory of all firearms in the licensee's possession, which shall be made available for inspection by the chief of police of each county during normal business hours at the licensee's place of business.

(b) Licensees shall report the theft of any firearm in the licensee's inventory to the chief of police within twenty-four hours after the theft is discovered or should have been discovered.

(c) The attorney general shall adopt rules pursuant to chapter 91 necessary to ensure secure storage of the inventory of dealers licensed under section 134-31 both in the ordinary course of business and in times of natural disaster or national emergency. The rules shall require permanent, minimum safety and security standards for windows, doors, storage areas, containers, safes, and alarms on a dealer's premises, to be augmented with additional safeguards to be activated in the event of a natural disaster or national emergency.

(d) Violation of this section or of any rules adopted hereunder shall be a misdemeanor.

(e) For purposes of this section:

(1) "National emergency" has the same meaning as in section 134-34; and

(2) "Natural disaster" means damage caused by earthquake, fire, flood, hurricane, tidal wave, volcanic eruption, or other natural causes."

SECTION 3. Section 134-32, Hawaii Revised Statutes, is amended to read as follows:

"§134-32 License to sell and manufacture firearms; conditions. Every license issued pursuant to this part shall be issued and shall be regarded as having been accepted by the licensee subject to the following conditions:

(1) That the licensee at all times shall comply with all provisions of law relative to the sale of firearms[.];

(2) That the licensee shall comply with the requirements of section 134- and rules adopted thereunder relative to the secure storage of firearms and ammunition;

[(2)] (3) That the license during any time of national emergency or crisis, as defined in section 134-34, may be canceled or suspended[.];

[(3)] (4) That all firearms in the possession and control of any licensee at any time of national emergency or crisis, as defined in section 134-34, may be seized and held in possession or purchased by or on the order of the governor until such time as the national emergency or crisis has passed, or until such time as the licensee and the government of the United States or the government of the State may agree upon some other disposition of the same[.];

[(4)] (5) That all firearms in the possession and control of the licensee or registered pursuant to section 134-3(c) by the licensee shall be subject to physical inspection by the chief of police of each county during normal business hours at the licensee's place of business[.]; and

[(5)] (6) That the license may be revoked for a violation of any of the conditions of this section."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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