WHEREAS, section 134-7(b), Hawaii Revised Statutes, 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; and

WHEREAS, in order to determine if this prohibition applies to an applicant for a permit to acquire a firearm, section 134-2, Hawaii Revised Statutes, provides that the applicant must sign a waiver allowing the chief of police issuing the permit access to any records bearing on the mental health of the applicant; and

WHEREAS, 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; and

WHEREAS, 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; and

WHEREAS, 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; and

WHEREAS, 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; and

WHEREAS, mental health professionals should be encouraged 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; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, that the Attorney General, the Corporations Counsel, and the county Chiefs of Police are requested to study ways to obtain complete and accurate mental health information on applicants for a permit to acquire a firearm without jeopardizing the safety of mental health professionals providing the information; and

BE IT FURTHER RESOLVED that the Attorney General is requested to report the findings and recommendations, including any proposed legislation, reached by the Attorney General, the Corporation Counsels, and the county Chiefs of Police not later than twenty days prior to the convening of the Regular Session of 2007; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Attorney General, the Corporations Counsel, and the county Chiefs of Police.

Report Title:

Firearms; Mental Health Information