REPORT TITLE:
Firearms; Concealed


DESCRIPTION:
Authorizes chief of police to issue licenses to carry concealed
weapons or firearms.  Repeals prohibitions on electric guns.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1957
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO FIREARMS.



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

 1      SECTION 1.  Chapter 134, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§134-     License to carry concealed weapon or firearm.
 
 5 (a)  The chiefs of police of the various counties may issue
 
 6 licenses to carry concealed weapons or concealed firearms to
 
 7 persons qualified as provided in this section.  Each license
 
 8 shall bear a color photograph of the licensee.  For the purposes
 
 9 of this section, "concealed weapons" or "concealed firearms" mean
 
10 a handgun, electronic weapon or device, tear gas gun, knife, or
 
11 billie, but the terms do not include an assault pistol or
 
12 automatic firearm as these terms are defined in section 134-1.  A
 
13 license shall be valid throughout the State for a period of three
 
14 years from the date of issuance.  Any person in compliance with
 
15 the terms of the license may carry a concealed weapon or
 
16 concealed firearm notwithstanding section 134-6.  The licensee
 
17 shall carry the license, together with valid identification, at
 
18 all times in which the licensee is in actual possession of a
 
19 concealed weapon or firearm and shall display both the license
 

 
Page 2                                                     1957
                                     H.B. NO.           
                                                        
                                                        


 1 and proper identification upon demand by a law enforcement
 
 2 officer.  Violations of this subsection shall constitute a
 
 3 criminal infraction the penalty for which shall be not more than
 
 4 a $500 fine or seventy-two hours in jail or both.
 
 5      (b)  The appropriate chief of police shall issue a license
 
 6 if the applicant:
 
 7      (1)  Is a resident of the United States or is a consular
 
 8           security official of a foreign government that
 
 9           maintains diplomatic relations and treaties of
 
10           commerce, friendship, and navigation with the United
 
11           States and is certified as such by the foreign
 
12           government and by the appropriate embassy in this
 
13           country;
 
14      (2)  Is twenty-one years of age or older;
 
15      (3)  Does not suffer from a physical infirmity that prevents
 
16           the safe handling of a weapon or firearm;
 
17      (4)  Is not ineligible to possess a firearm pursuant to
 
18           section 134-7;
 
19      (5)  Does not chronically and habitually use intoxicating
 
20           liquor or other substances to the extent that the
 
21           person's normal faculties are impaired.  It shall be
 
22           presumed that an applicant chronically and habitually
 
23           uses intoxicating liquor or other substances to the
 

 
Page 3                                                     1957
                                     H.B. NO.           
                                                        
                                                        


 1           extent that the person's normal faculties are impaired
 
 2           if the applicant has been committed under chapter 334
 
 3           or has been convicted under part IV of chapter 712 or
 
 4           has been deemed a habitual offender under section 291-
 
 5           4.4 or has had two or more convictions under section
 
 6           291-4, 291-4.3, or 291-7 or similar laws of any other
 
 7           state, within the three-year period immediately
 
 8           preceding the date on which the application is
 
 9           submitted;
 
10      (6)  Desires a legal means to carry a concealed weapon or
 
11           firearm for lawful purposes;
 
12      (7)  Demonstrates competence with a firearm by meeting the
 
13           requirements of section 134-2(g).  A photocopy of a
 
14           certificate of completion of any of the courses or
 
15           classes, an affidavit from the instructor that
 
16           conducted or taught the course or class attesting to
 
17           the completion of the course or class by the applicant,
 
18           or a copy of any other document that shows completion
 
19           of the course or class shall constitute evidence of
 
20           qualification under this paragraph;
 
21      (8)  Has not been adjudicated an incapacitated person as
 
22           defined under section 554B-1 or 560:5-101, or similar
 
23           laws of any other state, unless five years have elapsed
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1           since the applicant's restoration to capacity by court
 
 2           order;
 
 3      (9)  Has not been committed to a mental institution under
 
 4           chapter 334, or similar laws of any other state, unless
 
 5           the applicant produces a certificate from a licensed
 
 6           psychiatrist certifying that the applicant has not
 
 7           suffered from disability for at least five years prior
 
 8           to the date of submission of the application and is
 
 9           highly unlikely to relapse; and
 
10     (10)  Has not had adjudication of guilt withheld or
 
11           imposition of sentence suspended on any felony, unless
 
12           three years have elapsed since probation or any other
 
13           conditions set by the court have been fulfilled or the
 
14           court record has been sealed or expunged.
 
15      (c)  The chief of police may deny a license if the applicant
 
16 has been found guilty of one or more crimes of violence
 
17 constituting a misdemeanor, unless three years have elapsed since
 
18 probation or any other conditions set by the court have been
 
19 fulfilled or the record has been sealed or expunged.  The chief
 
20 of police may deny a license if the applicant has been found
 
21 guilty of one or more crimes of violence constituting a felony,
 
22 unless the records has been expunged.  The applicable chief of
 
23 police, may revoke a license if the licensee has been found
 

 
Page 5                                                     1957
                                     H.B. NO.           
                                                        
                                                        


 1 guilty of one or more misdemeanor or felony crimes of violence
 
 2 within the preceding three years; provided that the chief shall
 
 3 revoke the license if so ordered by the court.  The applicable
 
 4 chief of police, upon notification by a law enforcement agency, a
 
 5 court, or the attorney general and subsequent written
 
 6 verification, shall suspend a license or the processing of an
 
 7 application for a license if the licensee or applicant is
 
 8 arrested or formally charged with a crime that would disqualify
 
 9 the person from having a license under this section, until final
 
10 disposition of the case.
 
11      (d)  The application shall be completed, under oath, on a
 
12 form prescribed by the attorney general, which shall be uniform
 
13 throughout the State, and shall include:
 
14      (1)  The name, address, place and date of birth, race, and
 
15           occupation of the applicant;
 
16      (2)  A statement that the applicant is in compliance with
 
17           criteria contained within subsections (b) and (c);
 
18      (3)  A statement that the applicant has been furnished a
 
19           copy of the requirements of this chapter and is
 
20           knowledgeable of its provisions;
 
21      (4)  A conspicuous warning that the application is executed
 
22           under oath and that a false answer to any question, or
 
23           the submission of any false document by the applicant,
 

 
Page 6                                                     1957
                                     H.B. NO.           
                                                        
                                                        


 1           subjects the applicant to criminal prosecution under
 
 2           section 134-17(a); and
 
 3      (5)  A statement that the applicant desires a concealed
 
 4           weapon or firearm license for lawful purposes.
 
 5      (e)  The applicant shall submit to the chief of police:
 
 6      (1)  A completed application as described in subsection (d);
 
 7      (2)  A nonrefundable license fee not to exceed $85, if the
 
 8           applicant has not previously been issued a license, or
 
 9           a nonrefundable license fee not to exceed $70 for
 
10           renewal of a license.  Costs for processing the set of
 
11           fingerprints as required in paragraph (3) shall be
 
12           borne by the applicant.  Any individual described in
 
13           section 134-11(a)(1) or (4) who wishes to receive a
 
14           concealed weapons or firearms license shall be exempt
 
15           from the background investigation and all background
 
16           investigation fees, but shall pay the current license
 
17           fees regularly required to be paid by nonexempt
 
18           applicants; provided that, for a period of one year
 
19           subsequent to the date of retirement of the person, the
 
20           person shall be exempt from the required fees and
 
21           background investigation;
 
22      (3)  A full set of fingerprints of the applicant
 
23           administered by a law enforcement agency;
 

 
Page 7                                                     1957
                                     H.B. NO.           
                                                        
                                                        


 1      (4)  A photocopy of a certificate or an affidavit or
 
 2           document as described in subsection (b)(7); and
 
 3      (5)  A full frontal view color photograph of the applicant
 
 4           taken within the preceding thirty days, in which the
 
 5           head, including hair, measures seven-eighths of an inch
 
 6           wide and one and one-eighth inches high.
 
 7      (f)  (1)  The appropriate chief of police, upon receipt of
 
 8                the items listed in subsection (e), shall forward
 
 9                the full set of fingerprints of the applicant to
 
10                the attorney general and the Federal Bureau
 
11                Investigation for state and federal processing,
 
12                provided the federal service is available.  The
 
13                cost of processing the fingerprints shall be
 
14                payable to the State;
 
15      (2)  The county police department shall provide
 
16           fingerprinting service, if requested by the applicant,
 
17           and may charge a fee not to exceed $5 for this service;
 
18      (3)  Except as provided in paragraph (5), the appropriate
 
19           chief of police, within ninety days after the date of
 
20           receipt of the items listed in subsection (e), shall:
 
21           (A)  Issue the license;
 
22           (B)  Deny the application based solely on the ground
 
23                that the applicant fails to qualify under
 

 
Page 8                                                     1957
                                     H.B. NO.           
                                                        
                                                        


 1                subsection (b) or (c).  Upon a denial of the
 
 2                application, the chief of police shall notify the
 
 3                applicant in writing, stating the ground for
 
 4                denial and informing the applicant of any right to
 
 5                a hearing pursuant to subsection (k); or
 
 6           (C)  In the event the chief of police receives criminal
 
 7                history information with no final disposition on a
 
 8                crime that may disqualify the applicant, suspended
 
 9                the time limitation prescribed by this paragraph
 
10                until receipt of the final disposition or proof of
 
11                restoration of civil and firearm rights.
 
12      (4)  In the event a legible set of fingerprints, as
 
13           determined by the attorney general or the Federal
 
14           Bureau of Investigation, cannot be obtained after two
 
15           attempts, the attorney general shall determine
 
16           eligibility based upon name checks conducted by the
 
17           criminal justice data center; and
 
18      (5)  A consular security official of a foreign government
 
19           that maintains diplomatic relations and treaties of
 
20           commerce, friendship, and navigation with the United
 
21           States and is certified as such by the foreign
 
22           government and by the appropriate embassy in this
 
23           country shall be issued a license within twenty days
 

 
Page 9                                                     1957
                                     H.B. NO.           
                                                        
                                                        


 1           after the date of the receipt of a completed
 
 2           application, meeting all the requirements set forth in
 
 3           this section, and a nonrefundable license fee of $300.
 
 4           Consular security official concealed weapon or firearm
 
 5           licenses shall be valid for one year and may be renewed
 
 6           upon completion of the application process as provided
 
 7           in this section.
 
 8      (g)  The attorney general shall maintain an automated
 
 9 listing of licenseholders and pertinent information that shall be
 
10 available on-line, upon request, on a twenty-four hour basis to
 
11 all law enforcement agencies through the criminal justice data
 
12 center.
 
13      (h)  Within thirty days after the changing of a permanent
 
14 address, or within thirty days after having a license lost or
 
15 destroyed, the licensee shall notify the appropriate chief of
 
16 police of the change or loss.  Failure to notify the appropriate
 
17 chief of police pursuant to this subsection shall constitute a
 
18 noncriminal violation with a penalty of a $25 fine.
 
19      (i)  In the event that a concealed weapon or firearm license
 
20 is lost or destroyed, the license shall be automatically invalid,
 
21 and the person to whom the license was issued, upon payment of
 
22 $15 to the appropriate chief of police, may obtain a duplicate,
 
23 or substitute thereof, upon furnishing a notarized statement to
 

 
Page 10                                                    1957
                                     H.B. NO.           
                                                        
                                                        


 1 the chief of police that the license has been lost or destroyed.
 
 2      (j)  A license issued under this section shall be suspended
 
 3 or revoked by the chief of police, pursuant to subsection (k), if
 
 4 the licensee is found to be or subsequently becomes ineligible
 
 5 under the criteria set forth in subsection (b) or (c).
 
 6      (k)  Any person who is denied a license or has a license
 
 7 suspended or revoked under this section shall have the right to a
 
 8 hearing on the denial or suspension or revocation, subject to the
 
 9 requirements for contested cases and judicial review under
 
10 chapter 91.
 
11      (l)  No less than ninety days prior to the expiration date
 
12 of the license, the appropriate chief of police shall mail to
 
13 each licensee a written notice of the expiration and a renewal
 
14 form prescribed by the attorney general.  The license shall be
 
15 renewed upon receipt, on or before the expiration date, by the
 
16 lieutenant governor of a completed renewal form containing:  a
 
17 notarized affidavit stating that the licensee remains qualified
 
18 pursuant to the criteria specified in subsections (b) and (c); a
 
19 color photograph as specified in subsection (e)(5); and the
 
20 required renewal fee; and, if the licensee is an out-of-state
 
21 resident, a completed fingerprint card and fingerprint processing
 
22 fee.  Any licensee who fails to file a renewal application on or
 
23 before its expiration date may renew the license by paying a late
 

 
Page 11                                                    1957
                                     H.B. NO.           
                                                        
                                                        


 1 fee of $15.  No license shall be renewed six months or more after
 
 2 its expiration date, and the license shall be deemed to be
 
 3 permanently expired.  A person whose license has been permanently
 
 4 expired may reapply for licensure; however, the persons shall be
 
 5 required to submit an application for licensure and fees pursuant
 
 6 to subsection (e), and a background investigation shall be
 
 7 conducted pursuant to this section.  Any person who knowingly
 
 8 files false information pursuant to this subsection shall be
 
 9 subject to criminal prosecution under section 134-17(a).
 
10      (m)  No license issued pursuant to this section shall
 
11 authorize any person to carry a concealed weapon or firearm into:
 
12 any place of nuisance pursuant to section 712-1270; any police
 
13 station; any detention facility, prison, or jail; any courthouse;
 
14 any courtroom, except that nothing in this section shall preclude
 
15 a judge from carrying a concealed weapon or determining who may
 
16 carry a concealed weapon in the courtroom; any polling place; any
 
17 meeting of the governing body of a county, the board of
 
18 education, or any neighborhood board; any meeting of the
 
19 legislature or a committee thereof; any school, college, or
 
20 professional athletic event not related to firearms; any school
 
21 administration building; any portion of an establishment licensed
 
22 to dispense intoxicating liquor for consumption on the premises,
 
23 which portion of the establishment is primarily devoted to this
 

 
Page 12                                                    1957
                                     H.B. NO.           
                                                        
                                                        


 1 purpose; any elementary or secondary school facility; any college
 
 2 or university facility, unless the licensee is a registered
 
 3 student, employee, or faculty member of the college or university
 
 4 and the weapon is a stun gun or nonlethal electric weapon or
 
 5 device designed solely for defensive purposes and the weapon does
 
 6 not fire a dart or projectile; inside the passenger terminal and
 
 7 sterile area of any airport; provided that no person shall be
 
 8 prohibited from carrying any legal firearm into the terminal, if
 
 9 the firearm is encased for shipment for purposes of checking the
 
10 firearm as baggage to be lawfully transported on any aircraft; or
 
11 any place where the carrying of firearms is prohibited by federal
 
12 law.  Any person who wilfully violates this subsection shall be
 
13 guilty of a class C felony.
 
14      (n)  All funds received by a county police department
 
15 pursuant to this section shall be deposited into the general
 
16 revenue fund of the respective county and shall be budgeted to
 
17 the county police department.
 
18      (o)  The attorney general shall maintain statistical
 
19 information on the number of licenses issued, revoked, suspended,
 
20 and denied."
 
21      SECTION 2.  Section 134-2, Hawaii Revised Statutes, is
 
22 amended by amending subsection (e) to read as follows:
 
23      "(e)  The permit application form shall be signed by the
 

 
Page 13                                                    1957
                                     H.B. NO.           
                                                        
                                                        


 1 applicant and by the issuing authority.  One copy of the permit
 
 2 shall be retained by the issuing authority as a permanent
 
 3 official record.  Except for sales to dealers licensed under
 
 4 section 134-31[,] or dealers licensed by the United States
 
 5 Department of the Treasury[,] or law enforcement officers[,] or
 
 6 [where] when a license is granted under section [134-9,] 134-   
 
 7 or [where] when any firearm is registered pursuant to section
 
 8 134-3(a), no permit shall be issued to an applicant earlier than
 
 9 fourteen calendar days after the date of the application;
 
10 provided that a permit shall be issued or the application denied
 
11 before the twentieth day from the date of application.  Permits
 
12 issued to acquire any pistol or revolver shall be void unless
 
13 used within ten days after the date of issue.  Permits to acquire
 
14 a pistol or revolver require a separate application and permit
 
15 for each transaction.  Permits issued to acquire any rifle or
 
16 shotgun shall entitle the permittee to make subsequent purchases
 
17 of rifles or shotguns for a period of one year from the date of
 
18 issue without a separate application and permit for each
 
19 acquisition, subject to the disqualifications under section 134-7
 
20 and subject to revocation under section 134-13; provided that if
 
21 a permittee is arrested for committing a felony or any crime of
 
22 violence or for the illegal sale of any drug, the permit shall be
 
23 impounded and shall be surrendered to the issuing authority."
 

 
Page 14                                                    1957
                                     H.B. NO.           
                                                        
                                                        


 1      SECTION 3.  Section 134-6, Hawaii Revised Statutes, is
 
 2 amended by amending subsections (c), (d), and (e) to read as
 
 3 follows:
 
 4      "(c)  Except as provided in sections 134-5 and [134-9,]
 
 5 134-   , all firearms and ammunition shall be confined to the
 
 6 possessor's place of business, residence, or sojourn; provided
 
 7 that it shall be lawful to carry unloaded firearms or ammunition
 
 8 or both in an enclosed container from the place of purchase to
 
 9 the purchaser's place of business, residence, or sojourn, or
 
10 between these places upon change of place of business, residence,
 
11 or sojourn, or between these places and the following:  a place
 
12 of repair; a target range; a licensed dealer's place of business;
 
13 an organized, scheduled firearms show or exhibit; a place of
 
14 formal hunter or firearm use training or instruction; or a police
 
15 station.  "Enclosed container" means a rigidly constructed
 
16 receptacle, or a commercially manufactured gun case, or the
 
17 equivalent thereof that completely encloses the firearm.
 
18      (d)  It shall be unlawful for any person on any public
 
19 highway to carry on the person, or to have in the person's
 
20 possession, or to carry in a vehicle any firearm loaded with
 
21 ammunition; provided that this subsection shall not apply to any
 
22 person who has in the person's possession or carries a pistol or
 
23 revolver and ammunition therefor in accordance with a license
 

 
Page 15                                                    1957
                                     H.B. NO.           
                                                        
                                                        


 1 issued as provided in section [134-9.] 134-   .
 
 2      (e)  Any person violating subsection (a) or (b) shall be
 
 3 guilty of a class A felony.  Any person violating this section by
 
 4 carrying or possessing a loaded firearm or by carrying or
 
 5 possessing a loaded or unloaded pistol or revolver without a
 
 6 license issued as provided in section [134-9] 134-    shall be
 
 7 guilty of a class B felony.  Any person violating this section by
 
 8 carrying or possessing an unloaded firearm, other than a pistol
 
 9 or revolver, shall be guilty of a class C felony.
 
10      A conviction and sentence under subsection (a) or (b) shall
 
11 be in addition to and not in lieu of any conviction and sentence
 
12 for the separate felony; provided that the sentence imposed under
 
13 subsection (a) or (b) may run concurrently or consecutively with
 
14 the sentence for the separate felony."
 
15      SECTION 4.  Section 134-11, Hawaii Revised Statutes, is
 
16 amended to read as follows:
 
17      §134-11  Exemptions.(a)  Sections 134-6 to [134-9,] 134-8,
 
18 except section 134-7(f), shall not apply:
 
19      (1)  To state and county law enforcement officers; provided
 
20           that such persons are not convicted of an offense
 
21           involving abuse of a family [or] household member under
 
22           section 709-906;
 
23      (2)  To members of the armed forces of the State and of the
 

 
Page 16                                                    1957
                                     H.B. NO.           
                                                        
                                                        


 1           United States and mail carriers while in the
 
 2           performance of their respective duties if those duties
 
 3           require them to be armed;
 
 4      (3)  To regularly enrolled members of any organization duly
 
 5           authorized to purchase or receive the weapons from the
 
 6           United States or from the State, provided the members
 
 7           are either at, or going to or from, their places of
 
 8           assembly or target practice;
 
 9      (4)  To persons employed by the State[,] or [subdivisions]
 
10           any county thereof[,] or by the United States while in
 
11           the performance of their respective duties or while
 
12           going to and from their respective places of duty if
 
13           those duties require them to be armed;
 
14      (5)  To aliens employed by the State[,] or [subdivisions]
 
15           any county thereof[,] or by the United States while in
 
16           the performance of their respective duties or while
 
17           going to and from their respective places of duty if
 
18           those duties require them to be armed;
 
19      (6)  To police officers on official assignment in Hawaii
 
20           from any state [which] that by compact permits police
 
21           officers from Hawaii while on official assignment in
 
22           that state to carry firearms without registration.  The
 
23           governor of the State or the governor's duly authorized
 

 
Page 17                                                    1957
                                     H.B. NO.           
                                                        
                                                        


 1           representative may enter into compacts with other
 
 2           states to carry out this paragraph.
 
 3      (b)  Sections 134-2 and 134-3 shall not apply to [such] any
 
 4 firearms or ammunition that are a part of the official equipment
 
 5 of any federal agency.
 
 6      (c)  Sections 134-   , 134-6, and 134-8[, and 134-9] shall
 
 7 not apply to the possession, transportation, or use, with blank
 
 8 cartridges, of any firearm or explosive solely as props for
 
 9 motion picture film or television program production when
 
10 authorized by the chief of police of the appropriate county
 
11 pursuant to section 134-2.5 and not in violation of federal law."
 
12      SECTION 5.  Section 134-17, Hawaii Revised Statutes, is
 
13 amended by amending subsection (c) to read as follows:
 
14      "(c)  Any person who violates section 134-2, 134-4, 134-10,
 
15 or 134-15[, or 134-16(a)] shall be guilty of a misdemeanor.  Any
 
16 person who violates section 134-3(b) shall be guilty of a petty
 
17 misdemeanor and the firearm shall be confiscated as contraband
 
18 and disposed of, if the firearm is not registered within five
 
19 days of the person receiving notice of the violation."
 
20      SECTION 6.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored.
 

 
 
 
 
 
Page 18                                                    1957
                                     H.B. NO.           
                                                        
                                                        


 1      SECTION 7.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:_________________________