REPORT TITLE:
Firearms; Storage of


DESCRIPTION:
Requires all firearms to be stored in locked containers.  Changes
offense of criminally negligent storage of a firearm, by making
it a misdemeanor if any person, as opposed to applying only to
minors, unlawfully obtains a firearm not properly stored in a
locked container.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1974
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO FIREARMS.



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

 1      SECTION 1.  Section 134-6, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (c) to read as follows:
 
 3      "(c)  Except as provided in sections 134-5 and 134-9, all
 
 4 firearms and ammunition shall be confined to the possessor's
 
 5 place of business, residence, or sojourn[;] and stored as
 
 6 required by section 134-10.5; provided that it shall be lawful to
 
 7 carry unloaded firearms or ammunition or both in an enclosed
 
 8 container from the place of purchase to the purchaser's place of
 
 9 business, residence, or sojourn, or between these places upon
 
10 change of place of business, residence, or sojourn, or between
 
11 these places and the following:  a place of repair; a target
 
12 range; a licensed dealer's place of business; an organized,
 
13 scheduled firearms show or exhibit; a place of formal hunter or
 
14 firearm use training or instruction; or a police station.
 
15 "Enclosed container" means a rigidly constructed receptacle, or a
 
16 commercially manufactured gun case, or the equivalent thereof
 
17 that completely encloses the firearm."
 
18      SECTION 2.  Section 134-10.5, Hawaii Revised Statutes, is
 

 
Page 2                                                     1974
                                     H.B. NO.           
                                                        
                                                        


 1 amended to read as follows:
 
 2      "[[]§134-10.5[]]  Storage of firearm[; responsibility with
 
 3 respect to minors].  No person shall store or keep any firearm on
 
 4 any premises under the person's control [if the person knows or
 
 5 reasonably should know that a minor is likely to gain access to
 
 6 the firearm without the permission of the parent or guardian of
 
 7 the minor,] unless the person[:
 
 8      (1)  Keeps] keeps the firearm in a securely locked box or
 
 9           other container [or in a location] that a reasonable
 
10           person would believe to be secure[; or
 
11      (2)  Carries the firearm on the person or within such close
 
12           proximity thereto that the person readily can retrieve
 
13           and use it as if it were carried on the person.
 
14 For purposes of this section, "minor" means any person under the
 
15 age of sixteen years]."
 
16      SECTION 3.  Section 707-714.5, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "[[]§707-714.5[]]  Criminally negligent storage of a
 
19 firearm.(1)  A person commits the offense of criminally
 
20 negligent storage of a firearm if the person violates section
 
21 134-10.5 and [a minor] any person unlawfully obtains the firearm.
 
22 [For purposes of this section, "minor" means any person under the
 
23 age of sixteen years.
 

 
Page 3                                                     1974
                                     H.B. NO.           
                                                        
                                                        


 1      (2)  This section shall not apply if the minor obtains the
 
 2 firearm as a result of an unlawful entry to any premises by any
 
 3 person.
 
 4      (3)] (2)  Criminally negligent storage of a firearm is a
 
 5 misdemeanor."
 
 6      SECTION 4.  This Act does not affect rights and duties that
 
 7 matured, penalties that were incurred, and proceedings that were
 
 8 begun, before its effective date.
 
 9      SECTION 5.  Statutory material to be repealed is bracketed.
 
10 New statutory material is underscored.
 
11      SECTION 6.  This Act shall take effect upon its approval.
 
12 
 
13                           INTRODUCED BY:_________________________