REPORT TITLE:
Firearms; Registration


DESCRIPTION:
Mandates county police to conduct mental health and criminal
history inquiries on registered firearms owners in five year
intervals.  Provides for firearm registry update by statement
made under penalty of perjury every five years.  Provides for
surrender or confiscation of all firearms by any person
prohibited from owning or possessing firearms.  Provides for
petty misdemeanor penalty for failure or refusal to cooperate and
failure to comply with section.  (HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2151
TWENTIETH LEGISLATURE, 2000                                S.D. 1
STATE OF HAWAII                                            H.D. 1
                                                             
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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.  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-   Periodic mental health history and criminal record
 
 5 inquiry; registry update by form; disposition; penalty.  a)  In
 
 6 accordance with the schedule in subsection (c), the chief of
 
 7 police of each county shall conduct inquiries into the mental
 
 8 health histories and criminal records of all persons who own or
 
 9 possess firearms registered with the State.  Any person who owns
 
10 or possesses firearms who did not acquire at least one firearm
 
11 through the permit application process of section 134-2, shall,
 
12 upon request by the chief of police by U.S. mail, provide the
 
13 information, waiver, and other documents provided for in section
 
14 134-2 to the chief of police at the time of the first above-noted
 
15 inquiry into the person's mental health history and criminal
 
16 record.
 
17      (b)  In accordance with the schedule in subsection (c), the
 
18 chief of police of each county shall require each person who owns
 
19 or possesses firearms registered with the State to submit a
 
20 statement made under penalty of perjury on a form created by the
 

 
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 1 State Attorney General, to the chief of police listing all
 
 2 firearms currently owned or possessed by the registrant,
 
 3 including corresponding serial numbers or permit numbers
 
 4 appearing thereon, and explaining, if applicable, the absence
 
 5 from the registrant's possession of any firearm previously
 
 6 registered.
 
 7      (c)  The provisions of subsections (a) and (b) shall be
 
 8 implemented by the chief of police of each county as follows:
 
 9      (1)  For registrants born in years ending with the numbers
 
10           "1" or "2":
 
11           (A)  2002; and
 
12           (B)  Every fifth calendar year thereafter;
 
13      (2)  For registrants born in years ending with the numbers
 
14           "3" or "4":
 
15           (A)   2003; and
 
16           (B)  Every fifth calendar year thereafter;
 
17      (3)  For registrants born in years ending with the numbers
 
18           "5" or "6":
 
19           (A)  2004; and
 
20           (B)  Every fifth calendar year thereafter;
 
21      (4 ) For registrants born in years ending with the numbers
 
22           "7" or "8":
 
23           (A)  2005; and
 

 
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 1           (B)  Every fifth calendar year thereafter; and
 
 2      (5)  For registrants born in years ending with the numbers
 
 3           "9" or "0":
 
 4           (A)  2006; and
 
 5           (B)  Every fifth calendar year thereafter.
 
 6      (d)  All registrants shall appropriately respond to any
 
 7           notices, forms, or other documents mailed by the chief
 
 8           of police in administering the provisions of subsection
 
 9           (b) within 30 days of the date of mailing. 
 
10      (e)  Any person prohibited from owning or possessing
 
11 firearms pursuant to section 134-7, shall voluntarily surrender
 
12 all firearms to a county chief of police.  Any person failing to
 
13 do so shall have all firearms in their ownership or possession
 
14 confiscated by the chief of police.
 
15      (f)  The chief of police of each county shall adopt
 
16 procedures to implement and administer the provisions of this
 
17 section by December 31, 2001.
 
18      (g)  Nothing in this section shall be construed as excusing
 
19 registrant compliance with the registry update by form provisions
 
20 of this section once in every five year period.  The refusal or
 
21 failure to cooperate with the chief of police in the
 
22 implementation of any provision of this section, or the failure
 
23 to comply with any provision of this section, shall be a petty
 

 
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 1 misdemeanor."
 
 2      SECTION 2.  This Act does not affect rights and duties that
 
 3 matured, penalties that were incurred, and proceedings that were
 
 4 begun, before its effective date.
 
 5      SECTION 3.  New statutory material is underscored.
 
 6      SECTION 4.  This Act shall take effect upon its approval.