Report Title:
Firearms; Registration
Description:
Requires periodic re-registration of firearms.
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THE SENATE |
S.B. NO. |
122122 |
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TWENTY-FIRST LEGISLATURE, 2001 |
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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:
SECTION 1. The legislature finds that there is a need to provide for a continuing obligation on the part of firearm owners to demonstrate, on a periodic basis, that the owner continues to meet the requirements for firearm registration. Currently, there is no systematic way to detect whether a firearm owner becomes unqualified for gun ownership. Although re-registration and renewal of licenses are required in other areas, such as the periodic re-registration of motor vehicles and renewal of driver's licenses, there is no similar requirement for firearm ownership, which presents a potentially greater safety issue.
The legislature further finds that requiring re-registration of firearms will increase public safety by:
(1) Closing a gap in the law to detect if a firearm owner is still qualified for ownership. Re-registration would identify owners who have been arrested or who have developed mental health problems and should not be in possession of firearms; and
(2) Reducing the number of firearms sold illegally by making owners accountable for the whereabouts of their firearms on a periodic basis, thereby strengthening the reporting of lost or stolen firearms.
Accordingly, the purpose of this Act is to require firearm owners to re-register their firearms every five years after a ten-year phase-in period.
SECTION
2. Section 134-3, Hawaii Revised Statutes, is amended to read as follows:"
§134-3 Registration, mandatory, exceptions. (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 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 shall be limited to a nontransferable registration of not more than ten firearms for the purpose of the above activities.
(b) Every person who acquires a firearm pursuant to section 134-2 shall register the firearm in the manner prescribed by this section within five days of acquisition. The registration shall be on forms prescribed by the attorney general, which shall be uniform throughout the State, and shall include the following information: name of the manufacturer and importer; model; type of action; caliber or gauge; serial number; and source from which receipt was obtained, including the name and address of the prior registrant. If the firearm has no serial number, the permit number shall be entered in the space provided for the serial number, and the permit number shall be engraved upon the receiver portion of the firearm prior to registration. All registration data that would identify the individual registering the firearm by name or address shall be confidential and shall not be disclosed to anyone, except as may be required for processing the registration or as may be required by a law enforcement agency for the lawful performance of its duties or as may be required by order of a court.
(c) Every person who has registered a firearm as required by this section shall present all firearms owned or possessed by the person to the chief of police of the county in which they are registered not later than the dates set forth below, and at that time, shall demonstrate to the satisfaction of the chief of police that the person continues to meet the requirements of this chapter for ownership or possession of the firearms so owned or possessed.
(1) A person born in a year that ends with the number "2" shall comply with this section during the calendar year 2002 and, starting with calendar year 2012, in every fifth calendar year thereafter.
(2) A person born in a year that ends with the number "3" shall comply with this section during the calendar year 2003 and, starting with calendar year 2013, in every fifth calendar year thereafter.
(3) A person born in a year that ends with the number "4" shall comply with this section during the calendar year 2004 and, starting with calendar year 2014, in every fifth calendar year thereafter.
(4) A person born in a year that ends with the number "5" shall comply with this section during the calendar year 2005 and, starting with calendar year 2015, in every fifth calendar year thereafter.
(5) A person born in a year that ends with the number "6" shall comply with this section during the calendar year 2006 and, starting with calendar year 2011, in every fifth calendar year thereafter.
(6) A person born in a year that ends with the number "7" shall comply with this section during the calendar year 2007 and, starting with calendar year 2012, in every fifth calendar year thereafter.
(7) A person born in a year that ends with the number "8" shall comply with this section during the calendar year 2008 and, starting with calendar year 2013, in every fifth calendar year thereafter.
(8) A person born in a year that ends with the number "9" shall comply with this section during the calendar year 2009 and, starting with calendar year 2014, in every fifth calendar year thereafter.
(9) A person born in a year that ends with the number "0" shall comply with this section during the calendar year 2010 and, starting with calendar year 2015, in every fifth calendar year thereafter.
(10) A person born in a year that ends with the number "1" shall comply with this section during the calendar year 2011 and, starting with calendar year 2016, in every fifth calendar year thereafter.
[(c)] (d) Dealers licensed under section 134-31 or dealers licensed by the United States Department of the Treasury shall register firearms pursuant to this section on registration forms prescribed by the attorney general and shall not be required to have the firearms physically inspected by the chief of police at the time of registration.
[(d)] (e) Registration shall not be required for:
(1) Any device that is designed to fire loose black powder or that is a firearm manufactured before 1899;
(2) Any device not designed to fire or made incapable of being readily restored to a firing condition; or
(3) All unserviceable firearms and destructive devices registered with the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of the Treasury pursuant to Title 27, Code of Federal Regulations.
[(e)] (f) No fee shall be charged for the registration."
SECTION
3. Section 134-17, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:"
(c) Any person who violates section 134-2, 134-3(c), 134-4, 134-10, 134-15, or 134-16(a) shall be guilty of a misdemeanor. Any person who violates section 134-3(b) shall be guilty of a [SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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