REPORT TITLE:
Firearms; Protective Orders


DESCRIPTION:
Defines good cause exemption for possession of firearms by a
person who is the subject of a restraining order. (CD 1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        594
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            C.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.  Section 134-7, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (f) to read as follows:
 
 3      "(f)  No person who has been restrained pursuant to an order
 
 4 of any court, including an ex parte order as provided [for
 
 5 herein,] in this subsection, from contacting, threatening, or
 
 6 physically abusing any person, shall possess or control any
 
 7 firearm or ammunition therefor, so long as the protective order
 
 8 or any extension [thereof] is in effect, unless the order, for
 
 9 good cause shown, specifically permits the possession of a
 
10 firearm and ammunition.  The restraining order or order of
 
11 protection shall specifically include a statement that possession
 
12 or control of a firearm or ammunition by the person named in the
 
13 order is prohibited.  Such person shall relinquish possession and
 
14 control of any firearm and ammunition owned by that person to the
 
15 police department of the appropriate county for safekeeping for
 
16 the duration of the order or extension thereof.  In the case of
 
17 an ex parte order, the affidavit or statement under oath [which]
 
18 that forms the basis for the order shall contain a statement of
 
19 the facts [which] that support a finding that the person to be
 

 
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 1 restrained owns, intends to obtain, or possesses a firearm, and 
 
 2 that the firearm may be used to threaten, injure, or abuse any
 
 3 person.  The ex parte order shall be effective upon service
 
 4 pursuant to section 586-6.  At the time of service of a
 
 5 restraining order involving firearms and ammunition issued by any
 
 6 court, the police officer may take custody of any and all
 
 7 firearms and ammunition in plain sight, those discovered pursuant
 
 8 to a consensual search, and those firearms surrendered by the
 
 9 person restrained.  If the person restrained is the registered
 
10 owner of a firearm and knows the location of the firearm but
 
11 refuses to surrender the firearm or refuses to disclose the
 
12 location of the firearm, the person restrained shall be guilty of
 
13 a misdemeanor.  In any case, when a police officer is unable to
 
14 locate the firearms and ammunition either registered under this
 
15 chapter or known to the person granted protection by the court,
 
16 the police officer shall apply to the court for a search warrant
 
17 pursuant to chapter 803 for the limited purpose of seizing the
 
18 firearm and ammunition.
 
19      For the purposes of this subsection, the court's
 
20 determination of good cause shown to possess or carry a firearm
 
21 or ammunition during the course of employment of the person who
 
22 is subject to a restraining order, shall include, but not be
 

 
 
 
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                                                        H.D. 1
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 1 limited to, the protection and safety of the person to whom a
 
 2 restraining order is granted."
 
 3      SECTION 2.  Section 134-11, Hawaii Revised Statutes, is
 
 4 amended by amending subsection (b) to read as follows: 
 
 5      "(b)  Sections 134-2 and 134-3 shall not apply to such
 
 6 firearms or ammunition that are a part of the official equipment
 
 7 of any federal agency.  [Section 134-7(f) shall not apply when
 
 8 the persons described in subsection (a) are on duty if those
 
 9 duties require them to be armed.]"
 
10      SECTION 3.  This Act does not affect rights and duties that
 
11 matured, penalties that were incurred, and proceedings that were
 
12 begun, before its effective date.
 
13      SECTION 4.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 5.  This Act shall take effect upon its approval.