Report Title:

Firearms

 

Description:

Authorizes the chief of police of each county to (1) conduct inquires into the mental health histories of criminal records of all persons who own or possess firearms registered with the State; and (2) Require each person who owns or possesses firearms acquired or registered with the State to submit an affidavit to the chief of police in person listing all firearms currently owned or possessed by the registrant.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

499

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

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- Periodic mental health history and criminal record inquiry; registry update by affidavit; disposition; penalty. (a) In accordance with the schedule in subsection (c), the chief of police of each county shall conduct inquiries into the mental health histories and criminal records of all persons who own or possess firearms registered with the State. This includes any person who owns or possesses firearms who did not acquire at least one firearm through the permit application process of section 134-2, who shall, upon request by the chief of police, provide the information and waiver provided for in section 134-2 to the chief of police at the time of the first above-noted inquiry into the person's mental health history and criminal record.

(b) In accordance with the schedule in subsection (c), the chief of police of each county shall require each person who owns or possesses firearms acquired or registered with the State to submit in person an affidavit to the chief of police listing all firearms currently owned or possessed by the registrant, including corresponding serial numbers or permit numbers appearing thereon, and explaining, if applicable, the absence from the registrant's or owner's possession of any firearm previously registered or acquired.

(c) The provisions of subsections (a) and (b) shall be implemented by the chief of police of each county as follows:

(1) For registrants or owners born in the year ending with the number "2":

(A) 2002; and

(B) Every fifth calendar year thereafter; or

(C) When a new firearm is registered within the five year re-registration period;

(2) For registrants or owners born in the year ending with the number "3":

(A) 2003; and

(B) Every fifth calendar year thereafter; or

(C) When a new firearm is registered within the five year re-registration period;

(3) For registrants or owners born in the year ending with the number "4":

(A) 2004; and

(B) Every fifth calendar year thereafter; or

(C) When a new firearm is registered within the five year re-registration period;

(4) For registrants or owners born in the year ending with the number "5":

(A) 2005; and

(B) Every fifth calendar year thereafter; or

(C) When a new firearm is registered within the five year re-registration period;

(5) For registrants or owners born in the year ending with the number "6":

(A) 2006; and

(B) Every fifth calendar year thereafter; or

(C) When a new firearm is registered within the five year re-registration period;

(6) For registrants or owners born in the year ending with the number "7":

(A) 2007; and

(B) Every fifth calendar year thereafter; or

(C) When a new firearm is registered within the five year re-registration period;

(7) For registrants or owners born in the year ending with the number "8":

(A) 2008; and

(B) Every fifth calendar year thereafter; or

(C) When a new firearm is registered within the five year re-registration period;

(8) For registrants or owners born in the year ending with the number "9":

(A) 2009; and

(B) Every fifth calendar year thereafter; or

(C) When a new firearm is registered within the five year re-registration period;

(9) For registrants or owners born in the year ending with the number "0":

(A) 2010; and

(B) Every fifth calendar year thereafter; or

(C) When a new firearm is registered within the five year re-registration period;

(10) For registrants or owners born in the year ending with the number "1":

(A) 2011; and

(B) Every fifth calendar year thereafter; or

(C) When a new firearm is registered within the five year re-registration period.

(d) Any person prohibited from owning or possessing firearms pursuant to sections 134-7 and 134-13, shall voluntarily surrender all firearms to the chief of police in the county that the person resides. Any person refusing to do so shall have all firearms in the person's ownership or possession confiscated and destroyed by the chief of police.

(e) The chief of police of each county shall adopt procedures to implement and administer the provisions of this section by December 31, 2001.

(f) The refusal or failure to comply with the provisions of this section shall be a petty misdemeanor."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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