REPORT TITLE:
Firearms; Nonresident


DESCRIPTION:
Authorizes nonresidents to apply for nonresident's permit to
bring firearms into the State for purposes of sport-shooting or
hunting.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2222
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 legislature finds that an excellent
 
 2 opportunity for economic development for the State of Hawaii is
 
 3 to enhance the ability of nonresidents to participate in hunting
 
 4 and sport shooting events, some of which are among the fastest
 
 5 growing sports in the nation.  The legislature further finds that
 
 6 encouraging the attendance of nonresidents who desire to use
 
 7 their own firearms while participating in these activities would
 
 8 facilitate this goal.  However, present firearms registration
 
 9 laws, as they relate to nonresidents, are insufficient to achieve
 
10 this goal, as they do not meaningfully address this group of
 
11 visitors to Hawaii.
 
12      Accordingly, the purpose of this Act is to adopt firearms
 
13 registration laws for nonresidents to encourage their
 
14 participation in sport shooting events and hunting within the
 
15 State.
 
16      SECTION 2.  Chapter 134, Hawaii Revised Statutes, is amended
 
17 by adding a new section to be appropriately designated and to
 
18 read as follows:
 
19      "§134-     Permits for nonresidents.  (a)  Every person who
 

 
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 1 is not a resident of the State who desires to bring, or to cause
 
 2 to be brought, into the State a firearm of any description,
 
 3 whether usable or unusable, serviceable or unserviceable, modern
 
 4 or antique, for the purpose of training for or participating in a
 
 5 sport-shooting contest or for hunting shall apply for the
 
 6 issuance of a nonresident's permit for the possession,
 
 7 transportation, or use of any firearm not otherwise prohibited by
 
 8 law.
 
 9      (b)  An application for a nonresident's permit shall be in
 
10 writing, signed by the individual applicant, or by a member or
 
11 officer qualified to sign if the applicant is a firm or
 
12 corporation, and shall state the name, residence and business
 
13 addresses, place of birth, date of birth, social security number,
 
14 height, weight, hair color, eye color, sex, and race of the
 
15 applicant, addresses while within the State, the purpose for
 
16 which the permit is being sought, and the date of expected
 
17 arrival within the State.  For any firearm that the applicant
 
18 seeks to bring into the State, the applicant shall state the name
 
19 of the manufacturer, the model, the type of action, the caliber
 
20 or gauge, the serial number, and the barrel length.  Applications
 
21 and permits shall be uniform throughout the State on forms
 
22 prescribed by the attorney general.
 
23      (c)  An application for a nonresident's permit shall be
 

 
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 1 submitted to the chief of police of the county in which any
 
 2 permitted firearm will be first used for sport-shooting or
 
 3 hunting.  The chief of police or the chief's designated
 
 4 representative shall determine if any applicant is prohibited
 
 5 from possession of a firearm.  The chief of police shall issue or
 
 6 deny a nonresident's permit to the applicant, who is not
 
 7 otherwise prohibited from possessing a firearm, no later than:
 
 8      (1)  Five days after the application is received by the
 
 9           chief of police or the chief's designated
 
10           representative, if the applicant is not an alien; or
 
11      (2)  Twenty days after the application is received by the
 
12           chief of police or the chief's designated
 
13           representative, if the applicant is an alien; provided
 
14           that the applicant also shall comply with section 134-
 
15           2(d).
 
16      (d)  A nonresident's permit shall be valid for a period of
 
17 ninety days and shall be limited to no more than ten firearms.
 
18 Any firearm registered pursuant to the permit shall not be
 
19 transferable by the holder of the permit.
 
20      (e)  Each person to whom a nonresident's permit is issued
 
21 shall keep the permit with the person, shall make the permit and
 
22 any firearm listed on the permit available for inspection by any
 
23 law enforcement officer or any other person designated by the
 

 
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 1 chief of police who issued the nonresident's permit, and shall
 
 2 exercise great care in retaining custody of any firearm listed on
 
 3 the permit.
 
 4      (f)  Within three days of arrival of the person or any
 
 5 firearm listed on the permit, whichever arrives later, the person
 
 6 shall take any firearm listed on the permit to the chief of
 
 7 police who issued the nonresident's permit, or to the chief's
 
 8 designated representative, for inspection.
 
 9      (g)  The chief of police who issued the nonresident's
 
10 permit, or any other person designated by the chief, shall revoke
 
11 a nonresident's permit any time it appears that the holder of the
 
12 permit has used any firearm possessed under the permit for
 
13 purposes other than those allowed by the permit or that the
 
14 holder of the permit has not exercised great care in retaining
 
15 custody of any firearm possessed under the permit.
 
16      (h)  Any person otherwise qualified to obtain a
 
17 nonresident's permit who does not apply for and obtain a
 
18 nonresident's permit shall be required to comply with sections
 
19 134-2 and 134-3."
 
20      SECTION 3.  Section 134-3, Hawaii Revised Statutes, is
 
21 amended by amending subsection (a) to read as follows:
 
22      "(a)  [Every] Except as provided in section 134-   , every
 
23 person arriving in the State who brings or by any other manner
 

 
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 1 causes to be brought into the State a firearm of any description,
 
 2 whether usable or unusable, serviceable or unserviceable, modern
 
 3 or antique, shall register the firearm within three days after
 
 4 arrival of the person or of the firearm, whichever arrives later,
 
 5 with the chief of police of the county of the person's place of
 
 6 business or, if there is no place of business, the person's
 
 7 residence or, if there is neither a place of business nor
 
 8 residence, the person's place of sojourn.  [A nonresident alien
 
 9 may bring firearms not otherwise prohibited by law into the State
 
10 for a continuous period not to exceed ninety days; provided that
 
11 the person meets the registration requirement of this section and
 
12 the person possesses:
 
13      (1)  A valid Hawaii hunting license procured under chapter
 
14           183D, part II, or a commercial or private shooting
 
15           preserve permit issued pursuant to section 183D-34;
 
16      (2)  A written document indicating the person has been
 
17           invited to the State to shoot on private land; or
 
18      (3)  Written notification from a firing range or target
 
19           shooting business indicating that the person will
 
20           actually engage in target shooting.
 
21 The nonresident alien shall be limited to a nontransferable
 
22 registration of not more than ten firearms for the purpose of the
 
23 above activities.]"
 

 
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 1      SECTION 4.  Section 134-17, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (c) to read as follows:
 
 3      "(c)  Any person who violates section 134-  , 134-2, 134-4,
 
 4 134-10, 134-15, or 134-16(a) shall be guilty of a misdemeanor.
 
 5 Any person who violates section 134-3(b) shall be guilty of a
 
 6 petty misdemeanor and the firearm shall be confiscated as
 
 7 contraband and disposed of, if the firearm is not registered
 
 8 within five days of the person receiving notice of the
 
 9 violation."
 
10      SECTION 5.  Statutory material to be repealed is bracketed.
 
11 New statutory material is underscored.
 
12      SECTION 6.  This Act shall take effect upon its approval.
 
13 
 
14                           INTRODUCED BY:_________________________