REPORT TITLE:
Firearms; Lic. Concealed


DESCRIPTION:
Broadens category of persons eligible to carry concealed
firearms.  Authorizes chiefs of police to issue licenses.
Authorizes person to carry stun gun or other electric gun for
defensive, nonlethal purposes.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1200
TWENTIETH LEGISLATURE, 1999                                
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.  (a)
 
 5 The chiefs of police of the various counties are authorized to
 
 6 issue licenses to carry concealed weapons or concealed firearms
 
 7 to persons qualified as provided in this section.  These licenses
 
 8 shall be valid statewide.  Each license shall bear a color
 
 9 photograph of the licensee.  For the purposes of this section,
 
10 concealed weapons or concealed firearms are defined as a handgun,
 
11 electronic weapon or device, tear gas gun, knife, or billie, but
 
12 the term does not include an assault pistol or automatic firearm
 
13 as defined in section 134-1.  A license shall be valid throughout
 
14 the State for a period of three years from the date of issuance.
 
15 Any person in compliance with the terms of the license may carry
 
16 a concealed weapon or concealed firearm notwithstanding section
 
17 134-6.  The licensee shall carry the license, together with valid
 
18 identification, at all times in which the licensee is in actual
 
19 possession of a concealed weapon or firearm and shall display
 

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

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

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

 
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 1 may revoke a license if hte licensee has been found guilty of one
 
 2 or more misdemeanor or felony crimes of violence within the
 
 3 preceding three years and must revoke the licensee if so ordered
 
 4 by the court.  The given chief of police, upon notification by a
 
 5 law enforcement agency, a court, or the attorney general and
 
 6 subsequent written verification, shall suspend a license or the
 
 7 processing of an application for a license if the licensee or
 
 8 applicant is arrested or formally charged with a crime that would
 
 9 disqualify the person from having a license under this section,
 
10 until final 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 this chapter and is knowledgeable of its
 
20           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,
 

 
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 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 firearms 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.  If any individual described in
 
13           section 134-11(a)(1) or (4) wishes to receive a
 
14           concealed weapons or firearms license, the person is
 
15           exempt from the background investigation and all
 
16           background investigation fees, but shall pay the
 
17           current license fees regularly required to be paid by
 
18           nonexempt applicants; provided further that the person
 
19           is exempt from the required fees and background
 
20           investigation for a period of one year subsequent to
 
21           the date of retirement of the person;
 
22      (3)  A full set of fingerprints of the applicant
 
23           administered by a law enforcement agency;
 

 
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 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 the
 
 9           full set of fingerprints of the applicant to the
 
10           attorney general and the Federal Bureau Investigation
 
11           for state and federal processing; provided the federal
 
12           service is available.  The cost of processing the
 
13           fingerprints shall be payable to the State.
 
14      (2)  The county police department shall provide
 
15           fingerprinting service, if requested by the applicant,
 
16           and may charge a fee not to exceed $5 for this service.
 
17      (3)  The appropriate chief of police, within ninety days
 
18           after the date of receipt of the items listed in
 
19           subsection (e), shall:
 
20           (A)  Issue the license;
 
21           (B)  Deny the application based solely on the ground
 
22                that the applicant fails to qualify under this
 
23                section (b) or (c).  Upon a denial of the
 

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

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

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

 
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 1 $15.  No license shall be renewed six months or more after its
 
 2 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, an application for
 
 5 licensure and fees pursuant to subsection (e) shall be submitted,
 
 6 and a background investigation shall be conducted pursuant to
 
 7 this section.  Persons who knowingly files false information
 
 8 pursuant to this subsection shall be subject to criminal
 
 9 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
 

 
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 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 any provision of this
 
13 subsection commits 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 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 134-11, Hawaii Revised Statutes, is
 
22 amended to read as follows:
 
23      "§134-11  Exemptions.(a)  Sections 134-6 to 134-9, except
 

 
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 1 section 134-7(f), shall not apply:
 
 2      (1)  To members of police departments, sheriffs, and law
 
 3           enforcement officers;
 
 4      (2)  To members of the armed forces of the State and of the
 
 5           United States and mail carriers while in the
 
 6           performance of their respective duties if those duties
 
 7           require them to be armed;
 
 8      (3)  To regularly enrolled members of any organization duly
 
 9           authorized to purchase or receive [the] weapons from
 
10           the United States or from the State[,]; provided the
 
11           members are either at, or going to or from, their
 
12           places of assembly or target practice;
 
13      (4)  To persons employed by the State, or subdivisions
 
14           thereof, or the United States while in the performance
 
15           of their respective duties or while going to and from
 
16           their respective places of duty if those duties require
 
17           them to be armed;
 
18      (5)  To aliens employed by the State, or subdivisions
 
19           thereof, or the United States while in the performance
 
20           of their respective duties or while going to and from
 
21           their respective places of duty if those duties require
 
22           them to be armed;
 
23      (6)  To police officers on official assignment in Hawaii
 

 
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 1           from any state [which] that by compact permits police
 
 2           officers from Hawaii while on official assignment in
 
 3           that state to carry firearms without registration.  The
 
 4           governor of the State or the governor's duly authorized
 
 5           representative may enter into compacts with other
 
 6           states to carry out this section.
 
 7      (b)  Sections 134-2 and 134-3 shall not apply to [such] any
 
 8 firearms or ammunition that are a part of the official equipment
 
 9 of any federal agency.  Section 134-7(f) shall not apply when the
 
10 persons described in subsection (a) are on duty if those duties
 
11 require them to be armed.
 
12      (c)  Sections 134-6, 134-8, and 134-9 shall not apply to the
 
13 possession, transportation, or use, with blank cartridges, of any
 
14 firearm or explosive solely as props for motion picture film or
 
15 television program production when authorized by the chief of
 
16 police of the appropriate county pursuant to section 134-2.5 and
 
17 not in violation of federal law."
 
18      SECTION 3.  Section 134-16, Hawaii Revised Statutes, is
 
19 repealed.
 
20      ["§ 134-16 Restriction on possession, sale, gift, or
 
21 delivery of electric guns.(a)  It shall be unlawful for any
 
22 person, including a licensed manufacturer, licensed importer, or
 
23 licensed dealer, to possess, offer for sale, hold for sale, sell,
 

 
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 1 give, lend, or deliver any electric gun.
 
 2      (b) Any electric gun in violation of subsection (a) shall be
 
 3 confiscated and disposed of by the chief of police.]  
 
 4      SECTION 4.  Section 134-9, Hawaii Revised Statutes, is
 
 5 repealed.
 
 6      ["§134-9 Licenses to carry.(a)  In an exceptional case,
 
 7 when an applicant shows reason to fear injury to the applicant's
 
 8 person or property, the chief of police of the appropriate county
 
 9 may grant a license to an applicant who is a citizen of the
 
10 United States of the age of twenty-one years or more or to a duly
 
11 accredited official representative of a foreign nation of the age
 
12 of twenty-one years or more to carry a pistol or revolver and
 
13 ammunition therefor concealed on the person within the county
 
14 where the license is granted.  Where the urgency or the need has
 
15 been sufficiently indicated, the respective chief of police may
 
16 grant to an applicant of good moral character who is a citizen of
 
17 the United States of the age of twenty-one years or more, is
 
18 engaged in the protection of life and property, and is not
 
19 prohibited under section 134-7 from the ownership or possession
 
20 of a firearm, a license to carry a pistol or revolver and
 
21 ammunition therefor unconcealed on the person within the county
 
22 where the license is granted.  Unless renewed, the license shall
 
23 expire one year from the date of issue.
 

 
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 1      (b)  The chief of police of each county shall adopt
 
 2 procedures to require that any person granted a license to carry
 
 3 a concealed weapon on the person shall:
 
 4      (1)  Be qualified to use the firearm in a safe manner;
 
 5      (2)  Appear to be a suitable person to be so licensed;
 
 6      (3)  Not be prohibited under section 134-7 from the
 
 7           ownership or possession of a firearm; and
 
 8      (4)  Not have been adjudged insane or not appear to be
 
 9           mentally deranged.
 
10      (c)  No person shall carry concealed or unconcealed on the
 
11 person a pistol or revolver without being licensed to do so under
 
12 this section or in compliance with sections 134-5(c) or 134-6.
 
13      (d)  A fee of $10 shall be charged for each license and
 
14 shall be deposited in the treasury of the county in which the
 
15 license is granted."]
 
16      SECTION 5.  This Act does not affect rights and duties that
 
17 matured, penalties that were incurred, and proceedings that were
 
18 begun, before its effective date.
 
19      SECTION 6.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 7.  This Act shall take effect upon its approval.
 
22 
 
23                           INTRODUCED BY:_________________________