CONFERENCE COMMITTEE REPORT NO.71

                            Honolulu, Hawaii
                                            , 2000

                            RE:   S.B. No. 2151
                                  S.D. 1
                                  H.D. 1
                                  C.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Conference on the disagreeing vote of the
Senate to the amendments proposed by the House of Representatives
in S.B. No. 2151, S.D. 1, H.D. 1, entitled:  

     "A BILL FOR AN ACT RELATING TO FIREARMS," 

having met, and after full and free discussion, has agreed to
recommend and does recommend to the respective Houses the final
passage of this bill in an amended form.

     The purpose of this bill, as received by your Committee, is
to:

     (1)  Require the county police to conduct mental health and
          criminal history inquiries on registered firearms
          owners in five year intervals;

     (2)  Provide for updates to the firearm registry using
          statements made under penalty of perjury every five
          years; and


 
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     (3)  Provide for the surrender or confiscation of all
          firearms by any person prohibited from owning or
          possessing firearms.

     Your Committee on Conference finds that Hawaii's firearm
laws are the second strictest in the nation and that Hawaii ranks
49th of 50 states in total firearms deaths.  However, there are
still loopholes in our laws that allow unqualified individuals in
the state to own, possess, or control firearms.  Your Committee
on Conference further finds that significant improvements can be
made in the enforcement of these laws.  Therefore, Your Committee
on Conference believes that the creation of a multi-agency
coalition may help to reduce violent firearm crime through
prevention, deterrence, and maximum effort at investigation,
arrest, detention, and enhanced prosecution of such crimes.  

     Your Committee on Conference would like to suggest that the
coalition examine the Model Violent Firearm Crime Coalition
guidelines, created by the International Association of Chiefs of
Police.  This model has been used effectively in King County,
Seattle, Washington.  Your Committee on Conference further urges
the coalition to seek input from groups that support firearm
controls and from groups that oppose firearm controls, without
advocating for either side.  The intent of your Committee on
Conference is that this coalition work to establish strategic
partnerships among law enforcement, prosecution, corrections and
the community with a goal of reducing violent firearm crime.

     Additionally, it is your Committee's intent that the
coalition determine the best process to seize firearms from
individuals who no longer qualify for firearm ownership and who
do not voluntarily relinquish firearms or transfer ownership.
The coalition should also determine the best process to identify
individuals who, because of significant behavioral, emotional or
mental disorders, or organic brain damage, no longer qualify to
own or control firearms.  In determining the best processes to
keep firearms from individuals no longer qualified to own or
possess them, the coalition should also examine the feasibility
of having a perpetual waiver for mental health records and how
the information regarding changes in the mental health status of
a firearms owner should be made accessible to law enforcement.

     After careful consideration, your Committee on Conference
has amended this measure by:

     (1)  Deleting the provisions requiring periodic mental
          health history and criminal record inquiries;


 
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     (2)  Deleting the provisions requiring re-registration of
          firearms every five years;

     (3)  Providing that the county police departments may seize
          all firearms and ammunition when a person is denied a
          permit to acquire;

     (4)  Providing that the county police departments may seize
          all firearms and ammunitions when a person is
          disqualified from ownership or possession of a firearm
          under section 134-7;

     (5)  Providing that the courts notify the county police
          departments when a person has been ordered to
          voluntarily surrender or dispose of all firearms and
          ammunitions;

     (6)  Making a conforming amendment to chapter 323C, Hawaii
          Revised Statutes; and

     (7)  Establishing a multi-agency coalition with the goal of
          reducing violent firearm crime in Hawaii.

     As affirmed by the record of votes of the managers of your
Committee on Conference that is attached to this report, your
Committee on Conference is in accord with the intent and purpose
of S.B. No. 2151, S.D. 1, H.D. 1, as amended herein, and
recommends that it pass Final Reading in the form attached hereto
as S.B. No. 2151, S.D. 1, H.D. 1, C.D. 1.


 
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                                   Respectfully submitted on
                                   behalf of the managers:

  ON THE PART OF THE HOUSE           ON THE PART OF THE SENATE



_____________________________     _______________________________
Rep. ERIC HAMAKAWA                Sen. AVERY B. CHUMBLEY
Co-Chair                          Co-Chair



                                  _______________________________
                                  Sen. MATTHEW M. MATSUNAGA
                                  Co-Chair



                                  _______________________________
                                  Sen. CAL KAWAMOTO
                                  Co-Chair

 
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