REPORT TITLE:
Firearms and Ammunition


DESCRIPTION:
Addresses public safety concerns with firearms.

 
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THE SENATE                              S.B. NO.           1386
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT
RELATING TO FIREARMS, AMMUNITION AND DANGEROUS WEAPONS.



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

 1      SECTION 1.  The legislature finds that presently a number of
 
 2 current firearms laws place the general public at extreme risks.
 
 3 Over the years, attempts have been made to modify some of these
 
 4 issues without any real success.  While these issues may not be
 
 5 highly volatile, the legislature still finds it extremely
 
 6 essential to address these issues from the standpoint of safety,
 
 7 for families and the public in general.
 
 8      The legislature finds that one of the best ways to protect
 
 9 and prevent the general public from being exposed to a number of
 
10 dangerous incidents related to firearms is to control the
 
11 proliferation of illegal firearms.  The legislature finds three
 
12 effective methods to achieve this control.  One method is to
 
13 mandate the registration of all firearms regardless of the date
 
14 of acquisition.  Since July 1, 1994, the legislature has mandated
 
15 that all acquired firearms be registered, however, any rifle or
 
16 shotgun acquired prior to July 1, 1994 did not have to be
 
17 registered.  The legislature now feels this poses a serious
 
18 public safety problem because there are a lot of pre-1994
 
19 firearms in Hawaii.  The tracking of firearms is very difficult
 
20 in any situation, and it becomes even harder if they are not
 

 
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 1 registered.  For example, a police department's ability is
 
 2 seriously hampered when they must recover firearms in domestic
 
 3 violence situations, but not knowing how many firearms to recover
 
 4 if there are no registration records.  Another method is to
 
 5 clarify the requirements of who can own, possess, or control a
 
 6 firearm.  The legislature feels the sale or possession of any
 
 7 type of illegal drug is a serious matter, however, anyone
 
 8 convicted of possessing marijuana can still own or possess a
 
 9 firearm. The legislature finds it necessary to also include this
 
10 criteria as another means to prohibit the possession of a
 
11 firearm.  A third method is to require proof of firearm ownership
 
12 prior to the purchase of ammunition of any caliber.  Currently,
 
13 the State has no law to regulate the sales of ammunition.  Anyone
 
14 over the age of eighteen years may purchase ammunition of any
 
15 caliber, whether they legally own such a firearm or not.  The
 
16 legislature finds that mandating individuals to provide proof of
 
17 firearm ownership prior to buying any ammunition will serve as a
 
18 means to prevent illegal firearms owners from acquiring
 
19 ammunition and ensure firearms registration as well.
 
20      The legislature also finds that today a number of families
 
21 in the State are becoming victims of unfortunate firearms
 
22 incidents.  The legislature notes that one of the ways families
 
23 are being endangered is when firearms are returned in domestic
 

 
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 1 violence cases.  By law, the police are required to seize any
 
 2 firearms owned by respondents in domestic violence situations.
 
 3 Upon termination of the protective orders, the weapons are
 
 4 returned, and sometimes to owners who may still be highly
 
 5 agitated and volatile.  The legislature would like law
 
 6 enforcement agencies to take a more cautious stance when
 
 7 returning firearms recovered in domestic violence situations.
 
 8 Therefore, it finds it absolutely necessary for law enforcement
 
 9 agencies to ensure that the persons are fully qualified, by
 
10 clarifying the waiting period before returning the firearms.  In
 
11 doing so, the legislature notes that the clarification of this
 
12 requirement is consistent with the current waiting period for any
 
13 individual who obtains a permit to acquire a firearm.  Another
 
14 situation that endangers families are when firearms are kept
 
15 unsecured in homes.  Unsecured firearms within homes increases
 
16 the risk of violent injury to family members and friends, as they
 
17 are used in suicides and other violent acts.  Unsecured firearms
 
18 are also a primary target for theft and a major source of illegal
 
19 firearms.  The legislature finds a need to regulate the storage
 
20 of firearms and establish liability upon firearm owners in cases
 
21 of negligence.
 
22      Finally, the legislature finds that several other general
 
23 issues need to be addressed for the safety of the public in
 

 
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 1 general.  One issue concerns contact-fire powerheads or what is
 
 2 more commonly known as "bang sticks".  Although not classified as
 
 3 a dangerous weapon, they can be utilized as such.  The
 
 4 legislature realizes there are concerns regarding the necessity
 
 5 of regulating "bang sticks," therefore the legislature seeks to
 
 6 include "bang sticks" into the definition of firearm and, at the
 
 7 same time, exempt those that are twenty-six inches in length or
 
 8 longer.  This approach appears to be the most reasonable way to
 
 9 deal with the variations in "bang sticks".  Those that are
 
10 concealable, less than twenty-six inches in length, will be
 
11 regulated and those that are not concealable will be exempt.
 
12 Another issue concerns firing ranges.  The legislature realizes
 
13 that the State does not have any laws regulating firing ranges.
 
14 The city and county of Honolulu has an ordinance that regulates
 
15 ranges called shooting galleries, which regulates only firearms
 
16 up to .22 caliber.  The legislature feels, that in order to allow
 
17 and ensure that ranges using larger caliber firearms operate in a
 
18 safe, legal, and reputable manner, it must enable counties to
 
19 regulate the operation of firing ranges within their
 
20 jurisdictions.  Therefore, the legislature finds it necessary to
 
21 give the chief of police of each county the power to control the
 
22 issuance of firing range permits and to ensure compliance by the
 
23 firing range operators.
 

 
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 1      The last serious issue concerns assault weapons.  The
 
 2 legislature realizes that firearm manufacturers have found a way
 
 3 to produce handguns very similar to that of an assault pistol,
 
 4 without "technically" violating the law.  The manufacturers
 
 5 merely weld the magazines to the frames of the firearms, thereby
 
 6 eluding the legal definition of an assault pistol.  Therefore,
 
 7 the legislature finds it absolutely necessary to clarify the
 
 8 definition of an assault pistol.
 
 9      The purpose of this Act is to present an omnibus firearms
 
10 measure designed to address a number of serious public safety
 
11 issues relating to firearms by either amending or adding new
 
12 sections within various chapters of the Hawaii Revised Statutes
 
13 that concern firearms.
 
14      SECTION 2.  Chapter 134, Hawaii Revised Statutes, is amended
 
15 by adding three new sections to be appropriately designated and
 
16 to read as follows:
 
17      "§134-A  Sale of ammunition; proof of registration required.
 
18 (a)  No person shall sell ammunition for any firearm required to
 
19 be registered under section 134-3, except upon proof that the
 
20 purchaser is the registered owner of the firearm for which the
 
21 ammunition is being purchased.  Any person selling ammunition
 
22 shall keep a written record of all sales of ammunition, including
 
23 the name of the firearm owner, the owner's registration number,
 

 
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 1 and the type of ammunition purchased.  For purposes of this
 
 2 section, presentation of a copy of a completed and stamped
 
 3 registration form pursuant to section 134-3(b) shall constitute
 
 4 proof that the purchaser is the registered owner of the firearm.
 
 5      (b)  Any person who violates this section shall be guilty of
 
 6 a misdemeanor."
 
 7      "§134-B  Purchase of ammunition for rifles or shotguns
 
 8 acquired prior to July 1, 1994.  (a)  Notwithstanding section
 
 9 134-A, a person may sell ammunition to a purchaser for an
 
10 unregistered rifle or shotgun acquired prior to July 1, 1994;
 
11 provided that, after June 30, 1999, no person shall sell
 
12 ammunition for any rifle or shotgun acquired prior to July 1,
 
13 1994, except upon proof that the purchaser is the registered
 
14 owner of the rifle or shotgun for which the ammunition is being
 
15 purchased, as provided in section 134-A, or upon production by
 
16 the purchaser of either: a dated sales receipt for the rifle or
 
17 shotgun; other reliable, written indicia of lawful ownership
 
18 prior to July 1, 1994; or a certificate of ownership issued by
 
19 the chief of police of the appropriate county.  The form of the
 
20 certificate of ownership for purposes of purchasing ammunition
 
21 shall be prescribed by the attorney general and shall be uniform
 
22 throughout the State.  The seller of ammunition shall comply with
 
23 the record keeping requirements of section 134-A.
 

 
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 1      (b)  Any person who violates this section shall be guilty of
 
 2 a misdemeanor.
 
 3      §134-C  Contact-fire powerheads, "bang sticks"; exemptions;
 
 4 penalty.  (a)  Contact-fire powerheads, commonly referred to as
 
 5 "bang sticks", that are permanently affixed to a shaft not less
 
 6 than twenty-six inches in length shall be exempt from the
 
 7 provisions of this chapter, except as outlined in subsection (c).
 
 8      (b)Contact-fire powerheads less than twenty-six inches in
 
 9 length shall be considered a firearm and regulated as such by
 
10 this Chapter.
 
11      (c)  Any person who knowingly possesses a contact-fire
 
12 powerhead or intentionally uses or threatens to use a contact-
 
13 fire powerhead while engaged in the commission of a crime  shall
 
14 be guilty of a class C felony."
 
15      SECTION 3.  Chapter 134, Hawaii Revised Statutes, is amended
 
16 by adding two new sections to Part II to be appropriately
 
17 designated and to read as follows:
 
18      "§134-D  Permit required to operate a firing range.  (a)  It
 
19 shall be unlawful for any person to establish, keep, conduct, or
 
20 operate any firing range without a permit or to assist in
 
21 establishing, conducting, or operating any such firing range.
 
22      (b)  The chief of police of each respective county shall
 
23 control the issuance, regulation, and specifications of all
 

 
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 1 firing range permits within their jurisdictions.
 
 2      (c)  An applicant shall:
 
 3      (1)  Be twenty-one years of age or older;
 
 4      (2)  Have been a resident of the State continuously for at
 
 5           least one year immediately preceding the date of
 
 6           application; and
 
 7      (3)  Not have been convicted, under indictment, or under
 
 8           investigation in this State or elsewhere of any felony
 
 9           or of having committed or attempted to commit any crime
 
10           of violence.
 
11      (d)  Application for a permit shall be made in writing to
 
12 the chief of police and shall be signed and verified under oath
 
13 by the applicant and accompanied by the permit fee.  The
 
14 application shall include:
 
15      (1)  The applicant's name, address, sex, height, weight,
 
16           date of birth, place of birth, social security number,
 
17           and shall require the fingerprinting and photographing
 
18           of the applicant;
 
19      (2)  The occupation of the applicant;
 
20      (3)  A full and complete description of the place and
 
21           location of the firing range for which a permit is
 
22           desired;
 
23      (4)  The full name and address of the owner of the premises
 

 
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 1           and, if different, of the person in control of the
 
 2           premises;
 
 3      (5)  The term for which the applicant desires a permit, that
 
 4           is, whether for one day, several days, a month, or a
 
 5           year; provided that in no case shall the permit be
 
 6           valid for more than one year;
 
 7      (6)  A statement that neither the applicant, nor any agent
 
 8           or employee connected with the firing range, has been
 
 9           convicted of any felony or any crime of violence or is
 
10           under indictment or investigation for any felony or any
 
11           crime of violence; and
 
12      (7)  The number of shooting lanes proposed.
 
13      (e)  If the applicant is a corporation, firm, association,
 
14 or club, the organization shall first appoint an agent who shall
 
15 be given full authority and control of the premises and of all
 
16 matters involving the firing range.  The appointment and
 
17 authority shall be in writing and duly executed.  The appointed
 
18 agent shall then be the sole applicant for the firing range
 
19 permit.  In addition to the information required in subsection
 
20 (d), the applicant shall state the name of the business, the
 
21 business address, and a full description of the operations of the
 
22 business.
 
23      (f)  No permit shall be issued to any person or corporation
 

 
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 1 that has been convicted more than twice of violating any
 
 2 provisions of this section.
 
 3      (g)  All permits to operate a firing range shall be subject
 
 4 to all applicable laws and ordinances and to the following
 
 5 conditions which shall be written and placed upon the permit:
 
 6      (1)  The applicant shall ensure that no present or future
 
 7           agent or employee connected with the firing range is
 
 8           under the age of twenty-one or has been convicted,
 
 9           under indictment, or under investigation in this State
 
10           or elsewhere of having committed or attempted to commit
 
11           any felony offense or any crime of violence.
 
12      (2)  The firing range shall be brightly lighted at all times
 
13           when it is open for business.
 
14      (3)  The firing range can only operate between the hours of
 
15           8:00 a.m. to 10:00 p.m.
 
16      (4)  A ledger shall be kept of all persons entering the
 
17           establishment.  The ledger must include:  the person's
 
18           printed name, signature, date of birth, social security
 
19           number; the date and time the person entered and exited
 
20           the establishment; and the make, model, and serial
 
21           number of all firearms the person brings into the
 
22           establishment.
 
23      (5)  A copy of the firearm registrations shall be presented
 

 
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 1           for all firearms brought into the establishment.
 
 2      (6)  No person under the age of twenty-one years shall be
 
 3           permitted to handle any firearm at the firing range,
 
 4           except under the supervision of a responsible adult.
 
 5      (7)  No person under the influence of intoxicating liquor or
 
 6           drugs shall be permitted to handle any firearm or to
 
 7           remain upon the premises.
 
 8      (8)  No intoxicating liquor or any other illegal substance
 
 9           shall be consumed in or upon the premises.
 
10      (9)  The permit holder, or its agent who is duly registered
 
11           with the chief of police, shall be present within the
 
12           premises at all times while it is open for business.
 
13     (10)  No person shall be permitted entry into the area
 
14           situated between the firing line and targets when any
 
15           firing is in progress.
 
16     (11)  The area of the firing range shall not be used for any
 
17           other purpose whatsoever, when firing is in progress.
 
18     (12)  Only firearms meeting the manufacture's safety
 
19           standards of the range's construction shall be allowed;
 
20           visible signs shall be posted to inform the customers
 
21           of the maximum caliber capacity of the firing range;
 
22           and the firing range manufacture's specifications shall
 
23           be conspicuously posted.
 

 
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 1     (13)  Air ventilation for the firing range shall meet all of
 
 2           the requirements established by the state department of
 
 3           health.
 
 4     (14)  Additional safety precautions shall be taken, as
 
 5           required or approved by the chief of police, to prevent
 
 6           any injury to the public.
 
 7     (15)  The chief of police, or agent, or any health, fire, or
 
 8           law enforcement officer of the State, a county, or of
 
 9           the United States may enter the premises at any time
 
10           for the purpose of inspection.
 
11      (h)  A fee of $30 should be charged for each permit issued
 
12 under this section.  The fee shall be deposited into the general
 
13 fund of the issuing county.
 
14      (i)  The chief of police of each respective county may
 
15 suspend or revoke permits under this section any time the holder
 
16 of the permit violates any applicable law, rule, or county
 
17 ordinance.
 
18      (j)  In the event the permit holder discontinues the
 
19 operation of the firing range, notice of the discontinuance shall
 
20 be given immediately in writing to the chief of police and the
 
21 permit surrendered to the chief of police within five days.
 
22      (k)  Nothing contained in this section shall be construed to
 
23 lessen or invalidate any not otherwise inconsistent requirement
 

 
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 1 that is prescribed by any other law, rule, or ordinance.
 
 2      (l)  No permit shall be transferable."
 
 3      "§134-E  Penalty.  Any person who violates any of the
 
 4 provisions of section 134-E, shall be guilty of a misdemeanor."
 
 5      SECTION 4.  Chapter 134, Hawaii Revised Statutes, is amended
 
 6 by amending the title to Part II to read as follows:
 
 7      "Part II.  Firearms, Dealers' Licenses, and Firing Ranges"
 
 8      SECTION 5.  Section 134-1, Hawaii Revised Statutes, is
 
 9 amended as follows: 
 
10      1.  By adding two new definitions to be appropriately
 
11 inserted and to read:
 
12      ""Contact-fire powerhead" means any device capable of firing
 
13 a single round of ammunition where the barrel must be removed to
 
14 chamber a cartridge and is fired by a contact mechanism."
 
15      ""Firing range" means any place or premises where facilities
 
16 allow any firearm to be used for target shooting, practice,
 
17 amusement, matches, or competitions by any person and includes
 
18 situations where any person is compensated for the use of the
 
19 firing range."
 
20      2.  By amending the definition of "assault pistol" to read
 
21 as follows:
 
22      "Assault pistol" means a semiautomatic pistol [which accepts
 
23 a detachable magazine and which] that has two or more of the
 

 
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 1 following characteristics:
 
 2      (1)  An ammunition magazine [which attaches to the pistol]
 
 3           that is outside of the pistol grip;
 
 4      (2)  A threaded barrel capable of accepting a barrel
 
 5           extender, flash suppressor, forward hand grip, or
 
 6           silencer;
 
 7      (3)  A shroud [which] that is attached to or partially or
 
 8           completely encircles the barrel and [which] that
 
 9           permits the shooter to hold the firearm with the second
 
10           hand without being burned;
 
11      (4)  A manufactured weight of fifty ounces or more when the
 
12           pistol is unloaded;
 
13      (5)  A centerfire pistol with an overall length of twelve
 
14           inches or more; or
 
15      (6)  It is a semiautomatic version of an automatic firearm;
 
16 but does not include a firearm with a barrel sixteen or more
 
17 inches in length, an antique pistol as defined in this section or
 
18 a curio or relic as those terms are used in 18 United States Code
 
19 §921(16) or 27 Code of Federal Regulations 178.11."
 
20      3.  By amending the definition of "firearm" to read as
 
21 follows:
 
22      ""Firearm" means any weapon, for which the operating force
 
23 is an explosive, including but not limited to pistols, revolvers,
 

 
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 1 rifles, shotguns, automatic firearms, noxious gas projectors,
 
 2 mortars, bombs, [and] cannon[.], and contact-fire powerheads."
 
 3      SECTION 6.  Section 134-2, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (b) to read as follows:
 
 5      "(b)  The permit application form shall include the
 
 6 applicant's name, address, sex, height, weight, date of birth,
 
 7 place of birth, Social Security number, and information regarding
 
 8 the applicant's mental health history and shall require the
 
 9 fingerprinting and photographing of the applicant by the police
 
10 department of the county of registration[;] , and shall require
 
11 the applicant to sign an affidavit stating that the applicant
 
12 possesses a secure storage facility that meets the requirements
 
13 of section 134-10.5; provided that where fingerprints and
 
14 photograph are already on file with the department, these may be
 
15 waived."
 
16      SECTION 7.  Section 134-3, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "§134-3 Registration, mandatory, exceptions.(a)  Every
 
19 person arriving in the State who brings or by any other manner
 
20 causes to be brought into the State a firearm of any description,
 
21 whether usable or unusable, serviceable or unserviceable, modern
 
22 or antique, shall register the firearm within three days after
 
23 arrival of the person or of the firearm, whichever arrives later,
 

 
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 1 with the chief of police of the county of the person's place of
 
 2 business or, if there is no place of business, such person's
 
 3 residence or, if there is neither a place of business nor
 
 4 residence, the person's place of sojourn; provided that no alien
 
 5 shall be allowed to bring a firearm of any description into the
 
 6 State.
 
 7      (b)  Every person who acquires a firearm pursuant to section
 
 8 134-2 shall register the firearm in the manner prescribed by this
 
 9 section within five days of acquisition.  The registration shall
 
10 be on forms prescribed by the attorney general, which shall be
 
11 uniform throughout the State, and shall include the following
 
12 information:  name of the manufacturer and importer; model; type
 
13 of action; caliber or gauge; serial number; and source from which
 
14 receipt was obtained, including the name and address of the prior
 
15 registrant.  If the firearm has no serial number, the permit
 
16 number shall be entered in the space provided for the serial
 
17 number, and the permit number shall be engraved upon the receiver
 
18 portion of the firearm prior to registration.  The person
 
19 registering the firearm shall be given  a copy of the completed
 
20 registration form stamped with an indicia of acceptance by the
 
21 applicable chief of police.  The indicia of acceptance shall be
 
22 prescribed by the attorney general and shall be uniform
 
23 throughout the State.  All registration data that would identify
 

 
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 1 the individual registering the firearm by name or address shall
 
 2 be confidential and shall not be disclosed to anyone, except as
 
 3 may be required for processing the registration or as may be
 
 4 required by a law enforcement agency for the lawful performance
 
 5 of its duties or as may be required by section 134-A or as may be
 
 6 required by order of a court.
 
 7      (c)  Dealers licensed under section 134-31 or dealers
 
 8 licensed by the United States Department of the Treasury shall
 
 9 register firearms pursuant to this section on registration forms
 
10 prescribed by the attorney general and shall not be required to
 
11 have the firearms physically inspected by the chief of police at
 
12 the time of registration.
 
13      (d)  Registration shall not be required for:
 
14      (1)  Any device that is designed to fire loose black powder
 
15           or that is a firearm manufactured before 1899;
 
16      (2)  Any device not designed to fire or made incapable of
 
17           being readily restored to a firing condition; or
 
18      (3)  All unserviceable firearms and destructive devices
 
19           registered with the Bureau of Alcohol, Tobacco, and
 
20           Firearms of the United States Department of the
 
21           Treasury pursuant to Title 27, Code of Federal
 
22           Regulations.
 
23      (e)  Every person in possession of a firearm that was
 

 
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 1 acquired prior to July 1, 1994, shall register that firearm in
 
 2 the manner prescribed by this section by July 1, 1999.
 
 3      [(e)] (f)  No fee shall be charged for the registration."
 
 4      SECTION 8.  Section 134-7, Hawaii Revised Statutes, is
 
 5 amended by amending subsection (b) to read as follows:
 
 6      "(b)  No person who is under indictment for, or has waived
 
 7 indictment for, or has been bound over to the circuit court for,
 
 8 or has been convicted in this State or elsewhere of having
 
 9 committed a felony, or any crime of violence, or an illegal sale
 
10 of or possession of any drug shall own, possess, or control any
 
11 firearm or ammunition therefor."
 
12      SECTION 9.  Section 134-7.5, Hawaii Revised Statutes, is
 
13 amended by amending subsection (d) to read as follows:
 
14      "(d)  The firearm or ammunition shall be [made available]
 
15 returned to the owner or person who was in lawful possession of
 
16 the firearm or ammunition [within seven working] fourteen days
 
17 after the [seizure] person requests for its return when:
 
18      (1)  The firearm or ammunition are not retained for use as
 
19           evidence;
 
20      (2)  The firearm or ammunition are not retained because they
 
21           are possessed illegally;
 
22      (3)  The owner or person who has lawful possession of the
 
23           firearm or ammunition is not restrained by an order of
 

 
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 1           any court from possessing a firearm or ammunition;
 
 2           [and]
 
 3      (4)  No criminal charges are pending against the owner or
 
 4           person who has lawful possession of the firearm or
 
 5           ammunition when a restraining order has already
 
 6           issued[.]; and
 
 7      (5)  The owner or person can legally possess a firearm as
 
 8           indicated by section 134-7."
 
 9      SECTION 10.  Section 134-10.5, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "[[]§134-10.5[]]  Storage of firearm[; responsibility with
 
12 respect to minors].  No [person] firearm owner shall store or
 
13 keep any firearm on any premises under the person's control [if
 
14 the person knows or reasonably should know that a minor is likely
 
15 to gain access to the firearm without the permission of the
 
16 parent or guardian of the minor], unless the [person:] owner:
 
17      (1)  Keeps the firearm [in a securely] locked [box or other
 
18           container] in a commercially manufactured firearm safe
 
19           or equivalent that cannot readily be removed from the
 
20           premises or [in a location that a reasonable person
 
21           would believe to be secure;] locked in a commercially
 
22           manufactured gun rack or equivalent that will maintain
 
23           the security of the firearm and that cannot readily be
 

 
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 1           removed from the premises; or
 
 2      (2)  Carries the firearm on the person or within such close
 
 3           proximity thereto that the person readily can retrieve
 
 4           and use it as if it were carried on the person.
 
 5 [For purposes of this section, "minor" means any person under the
 
 6 age of sixteen years.]"
 
 7      SECTION 11.  Section 134-17, Hawaii Revised Statutes, is
 
 8 amended by amending subsection (c) to read as follows:
 
 9      "(c)  Any person who violates section 134-2, 134-4, 134-10,
 
10 134-15, or 134-16(a) shall be guilty of a misdemeanor.  Any
 
11 person who violates section 134-3(b) or (e) or 134-10.5 shall be
 
12 guilty of a petty misdemeanor and the firearm shall be
 
13 confiscated as contraband and disposed of, if the firearm is not
 
14 registered within five days of the person receiving notice of the
 
15 violation."
 
16      SECTION 12.  Section 663-9.5, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "[[]§663-9.5[]]  Liability of firearm owners.  The owner of
 
19 a firearm, if the discharge of the firearm proximately causes
 
20 either personal injury or property damage to any person, shall be
 
21 absolutely liable for such damage.  It shall be an affirmative
 
22 defense to such absolute liability that the firearm was not in
 
23 the possession of the owner and was taken from the owner's
 

 
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 1 possession without the owner's permission and the owner had
 
 2 complied with section 134-10.5 and either had reported the theft
 
 3 to the police prior to the discharge or, despite the exercise of
 
 4 reasonable care, had not discovered the theft prior to the
 
 5 discharge or was not reasonably able to report the theft to the
 
 6 police prior to the discharge.  This section shall not apply when
 
 7 the discharge of the firearm was legally justified."
 
 8      SECTION 13.  Section 707-714.5, Hawaii Revised Statutes, is
 
 9 repealed.
 
10      ["[§707-714.5]  Criminally negligent storage of a firearm.
 
11 (1)  A person commits the offense of criminally negligent storage
 
12 of a firearm if the person violates section 134-10.5 and a minor
 
13 obtains the firearm.  For purposes of this section, "minor" means
 
14 any person under the age of sixteen years.
 
15      (2)  This section shall not apply if the minor obtains the
 
16 firearm as a result of an unlawful entry to any premises by any
 
17 person.
 
18      (3)  Criminally negligent storage of a firearm is a
 
19 misdemeanor."] 
 
20      SECTION 14.  This Act does not affect rights and duties that
 
21 matured, penalties that were incurred, and proceedings that were
 
22 begun, before its effective date.
 
23      SECTION 15.  In codifying the new sections added to chapter
 

 
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 1 134, Hawaii Revised Statutes, by sections 2 and 3 of this Act,
 
 2 the revisor of statutes shall substitute appropriate section
 
 3 numbers for the letters used in the new sections' designations in
 
 4 this Act.
 
 5      SECTION 16.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 17.  This Act shall take effect upon its approval.
 
 8 
 
 9                           INTRODUCED BY:  _______________________
 

 
a                                                      r-4b (99)