REPORT TITLE:
Firearms; Rest/Prot. Order


DESCRIPTION:
Clarifies that the prohibition on persons subject to a
restraining order from possessing or controlling firearms applies
to orders under sections 580-10(d) and 604-10.5, as well as under
chapter 586, HRS.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2155
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.  The purpose of this Act is to clarify that the
 
 2 prohibition on persons subject to a restraining order from
 
 3 possessing or controlling firearms applies to orders under
 
 4 sections 580-10(d) and 604-10.5, as well as under chapter 586.
 
 5      SECTION 2.  Section 134-7, Hawaii Revised Statutes, is
 
 6 amended by amending subsection (f) to read as follows:
 
 7      "(f)  No person who has been restrained pursuant to [an] a
 
 8 restraining or protective order of any court[,] under section
 
 9 580-10(d) or 604-10.5 or chapter 586, including an ex parte order
 
10 as provided in this subsection, from contacting, threatening, or
 
11 physically abusing any person, shall possess or control any
 
12 firearm or ammunition therefor, so long as the protective order
 
13 or any extension is in effect, unless the order, for good cause
 
14 shown, specifically permits the possession of a firearm and
 
15 ammunition.  The restraining order or protective order [of
 
16 protection] shall specifically include a statement that
 
17 possession or control of a firearm or ammunition by the person
 
18 named in the order is prohibited.  [Such] The person shall
 
19 relinquish possession and control of any firearm and ammunition
 

 
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 1 owned by that person to the police department of the appropriate
 
 2 county for safekeeping for the duration of the order or extension
 
 3 thereof.  In the case of an ex parte order, the affidavit or
 
 4 statement under oath that forms the basis for the order shall
 
 5 contain a statement of the facts that support a finding that the
 
 6 person to be restrained owns, intends to obtain, or possesses a
 
 7 firearm, and that the firearm may be used to threaten, injure, or
 
 8 abuse any person.  The ex parte order shall be effective for
 
 9 purposes of this subsection upon service pursuant to section
 
10 586-6[.] or 604-10.5(f), as applicable.  At the time of service
 
11 of a restraining or protective order involving firearms and
 
12 ammunition issued by any court, the police officer may take
 
13 custody of any and all firearms and ammunition in plain sight,
 
14 those discovered pursuant to a consensual search, and those
 
15 firearms surrendered by the person restrained.  If the person
 
16 restrained is the registered owner of a firearm and knows the 
 
17 location of the firearm but refuses to surrender the firearm or
 
18 refuses to disclose the location of the firearm, the person
 
19 restrained shall be guilty of a misdemeanor.  In any case, when a
 
20 police officer is unable to locate the firearms and ammunition
 
21 either registered under this chapter or known to the person
 
22 granted protection by the court, the police officer shall apply
 
23 to the court for a search warrant pursuant to chapter 803 for the
 

 
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 1 limited purpose of seizing the firearm and ammunition.
 
 2      For the purposes of this subsection, good cause shall not be
 
 3 based solely upon the consideration that the person subject to
 
 4 restraint pursuant to an order of any court, including an ex
 
 5 parte order as provided for in this subsection, is required to
 
 6 possess or carry firearms or ammunition during the course of
 
 7 their employment.  Good cause consideration may include, but need
 
 8 not be limited to, the protection and safety of the person to
 
 9 whom a restraining or protective order is granted."
 
10      SECTION 3.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 4.  This Act shall take effect upon its approval.
 
13 
 
14                           INTRODUCED BY:_________________________