Expands the options of the Attorney General, the Director of Public Safety, and the chiefs of police in disposing of forfeited firearms by allowing these agencies: to (1) use forfeited firearms; or (2) transfer forfeited items to licensed firearms dealers in exchange, or partial exchange, of new firearms or less lethal weapons to be used by the agency.

A BILL FOR AN ACT

SECTION 1. The legislature finds that there is a need to expand the options available to the attorney general, the director of public safety, and the county police chiefs by allowing them to accept the transfer of weapons that have been forfeited for use by and under the control of their agency or to support and strengthen their agency weapon purchasing budgets by allowing forfeited firearms to be transferred to dealers licensed under section 134-31, Hawaii Revised Statutes, or dealers licensed by the United States Department of the Treasury in exchange, or partial exchange, of new firearms or less lethal weapons to be used by the agency.

The nation has been warned to expect the continuation of the war on terrorism and increased risk of further terrorist attacks upon the United States and around the world. The State, the counties, federal agencies, military, and private agencies and entities have been coordinating preparations for protection and response and the development of the Hawaii homeland security advisory system and procedures to be used by all participants in preparing for and responding to potential or actual terrorist threats or attacks.

With these new responsibilities, demands upon law enforcement officers engaged in the protection of the public are ever expanding. There is an urgent need to build, strengthen, and expand the offensive and defensive weapons available to the department of the attorney general, the department of public safety, and the county police departments to ensure that state and county law enforcement agencies are sufficiently armed with firearms and less lethal weapons to meet any threat. However, budget constraints and limitations on the use of federal homeland security grants are hindering the acquisition of firearms and less lethal weapons by state and county law enforcement agencies. This Act will expand the options available to these agencies while helping to better protect the public.

Under the current law, only county police departments are authorized to accept the transfer of forfeited firearms for use by and under the control of the police department. The proposed amendment clarifies that the attorney general and the director of public safety may also accept the transfer of forfeited firearms for use by and under the control of the department of the attorney general and the department of public safety.

The current law requires that forfeited weapons be destroyed if they are not used by and under the control of a county police department. The proposed amendment also clarifies that in addition to destruction or use by or under the control of the agency, these forfeited weapons may also be transferred to a dealer licensed under section 134-31, Hawaii Revised Statutes, or dealers licensed by the United States Department of the Treasury to be used in exchange, or partial exchange, of new firearms or less lethal weapons to be used by and under the control of the department of the attorney general, the department of public safety, or the county police departments.

SECTION 2. Section 134-12.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§134-12.5[]] Forfeiture of firearms, ammunition, deadly or dangerous weapons, and switchblade knives; when. All firearms, ammunition, deadly or dangerous weapons, and switchblade knives possessed, used in violation of this chapter or the Hawaii penal code shall be forfeited to the State according to the provisions of chapter 712A and shall be destroyed or, if not destroyed, transferred to the attorney general, the director of public safety, or the chief of police of the county in which the violation took place for use by and under control of the department of the attorney general, the department of public safety, or the police department[.] or for transfer by the attorney general, the director of public safety, or the chief of police to any dealer licensed under section 134-31 or dealer licensed by the United States Department of the Treasury to be used in exchange, or partial exchange, of new firearms or less lethal weapons to be used by and under the control of the department of the attorney general, the department of public safety, or the county police departments."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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