Prohibits disclosure to an applicant for a permit to acquire a firearm of the source of the information used to deny the application, when the application is denied because the applicant was diagnosed with a mental disorder.

A BILL FOR AN ACT

SECTION 1. The legislature finds that section 134-7(b), Hawaii Revised Statues, prohibits anyone who has been diagnosed as having a significant behavioral, emotional, or mental disorder defined by the American Psychiatric Association from owning, possessing, or controlling any firearm. In order to determine if this prohibition applies to an applicant for a permit to acquire a firearm, the applicant is required to sign a waiver allowing the chief of police issuing the permit access to any records bearing on the mental health of the applicant. Records sought include those indicating that the person has been medically documented to no longer be adversely affected by the disorder because, if so, the chief of police may issue the permit.

The legislature further finds that section 134-18, Hawaii Revised Statutes, gives immunity from civil liability if, without malice, a mental health professional provides information or renders an opinion in response to an inquiry pursuant to section 134-2, Hawaii Revised Statutes. However, it has been the practice of the police to identify to the applicant the source of any information used to deny an application for permit to acquire a firearm because of the mental health of the applicant. This practice subverts the purpose of the law because it discourages mental health professionals from being forthright with police due to a fear of confrontation or retaliation by an applicant with a disorder who may be erratic or even violent.

The purpose of this Act is to encourage mental health professionals to provide accurate and complete information regarding the mental health of an applicant for a permit to acquire a firearm, by prohibiting disclosure to the applicant of the source of the information if the application is denied because of a mental disorder.

SECTION 2. Section 134-2, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) An applicant for a permit shall sign a waiver at the time of application, allowing the chief of police of the county issuing the permit access to any records that have a bearing on the mental health of the applicant. The waiver shall allow the chief of police to withhold from, and the chief of police shall not thereafter disclose to, the applicant the source of any information used to deny the application pursuant to section 134-7(c). The permit application form and the waiver form shall be prescribed by the attorney general and shall be uniform throughout the State."

SECTION 3. New statutory material is underscored.

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