Report Title:

Firearms

 

Description:

Excludes defibrillators used in emergency medical situations from definition of "electric gun"; exempts law enforcement officers and their suppliers from ban on electric guns; adds U.S. citizen to registration requirements for temporarily bringing in firearms into the State; creates special permit to bring firearms into the State temporarily for specified use. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

1211

TWENTY-FIRST LEGISLATURE, 2001

H.D. 1

STATE OF HAWAII

S.D. 1

 

A BILL FOR AN ACT

 

RELATING TO FIREARMS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§134-   Temporary permits for special purposes. Each county shall establish a system for processing a special permit by electronic means to bring firearms into the State. The application for the special permit shall be submitted not less than thirty days prior to the date the firearm is to be brought into the State. Upon a determination by the chief of police that the public safety would not be endangered and that there is good cause for the issuance of a registration under this subsection, the chief of police may issue a special permit. The special permit shall be effective for a period not exceeding ninety days and for the sole purpose of a shooting event or target practice."

SECTION 2. Section 134-1, Hawaii Revised Statutes, is amended by amending the definition of "electric gun" to read:

""Electric gun" means any portable device that is electrically operated to project a missile or electromotive force. It does not include any electric livestock prod used in animal husbandry[.] and any automatic external defibrillator used in emergency medical situations."

SECTION 3. Section 134-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Every person arriving in the State who brings or by any other manner causes to be brought into the State a firearm of any description, whether usable or unusable, serviceable or unserviceable, modern or antique, shall register the firearm within three days after arrival of the person or of the firearm, whichever arrives later, with the chief of police of the county of the person's place of business or, if there is no place of business, the person's residence or, if there is neither a place of business nor residence, the person's place of sojourn. A nonresident alien or a United States citizen may bring firearms not otherwise prohibited by law into the State for a continuous period not to exceed ninety days; provided that the person meets the registration requirement of this section and the person possesses:

(1) A valid Hawaii hunting license procured under chapter 183D, part II, or a commercial or private shooting preserve permit issued pursuant to section 183D-34;

(2) A written document indicating the person has been invited to the State to shoot on private land; or

(3) Written notification from a firing range or target shooting business indicating that the person will actually engage in target shooting.

The nonresident alien or a United States citizen shall be limited to a nontransferable registration of not more than ten firearms for the purpose of the above activities."

SECTION 4. Section 134-11, Hawaii Revised Statutes, is amended to read as follows:

"§134-11 Exemptions. (a) Sections 134-6 to 134-9, except section 134-7(f), shall not apply:

(1) To state and county law enforcement officers; provided that such persons are not convicted of an offense involving abuse of a family [[]or[]] household member under section 709-906;

(2) To members of the armed forces of the State and of the United States and mail carriers while in the performance of their respective duties if those duties require them to be armed;

(3) To regularly enrolled members of any organization duly authorized to purchase or receive the weapons from the United States or from the State[,]; provided the members are either at, or going to or from, their places of assembly or target practice;

(4) To persons employed by the State[,] or [subdivisions] any county thereof[,] or by the United States while in the performance of their respective duties or while going to and from their respective places of duty if those duties require them to be armed;

(5) To aliens employed by the State[,] or [subdivisions] any county thereof[,] or by the United States while in the performance of their respective duties or while going to and from their respective places of duty if those duties require them to be armed; and

(6) To police officers on official assignment in Hawaii from any state [which] that by compact permits police officers from Hawaii while on official assignment in that state to carry firearms without registration. The governor of the State or the governor's duly authorized representative may enter into compacts with other states to carry out this paragraph.

(b) Sections 134-2 and 134-3 shall not apply to [such] any firearms or ammunition that are a part of the official equipment of any federal agency.

(c) Sections 134-6, 134-8, and 134-9 shall not apply to the possession, transportation, or use, with blank cartridges, of any firearm or explosive solely as props for motion picture film or television program production when authorized by the chief of police of the appropriate county pursuant to section 134-2.5 and not in violation of federal law."

SECTION 5. Section 134-16, Hawaii Revised Statutes, is amended to read as follows:

"§134-16 Restriction on possession, sale, gift, or delivery of electric guns. (a) It shall be unlawful for any person, including a licensed manufacturer, licensed importer, or licensed dealer, to possess, offer for sale, hold for sale, sell, give, lend, or deliver any electric gun.

(b) Any electric gun in violation of subsection (a) shall be confiscated and disposed of by the chief of police.

(c) This section shall not apply to law enforcement officers of county police and sheriff departments of this State, or vendors providing electric guns to those entities; provided that the electric guns shall at all times remain in the custody and control of the county policy or sheriff departments."

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2050.