HOUSE OF REPRESENTATIVES

H.B. NO.

417

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to firearms.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Section 134-9, Hawaii Revised Statutes, is amended to read as follows:

     "§134-9  Licenses to carry.  (a)  [In an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property,] Subject to subsection (b), the chief of police of the appropriate county [may] shall grant a license to carry a concealed firearm and ammunition on the person in the county where the license is granted to an applicant who is a:

     (1)  [citizen] Citizen of the United States of the age of twenty-one years or more; or [to a]

     (2)  [duly] Duly accredited official representative of a foreign nation of the age of twenty-one years or more

[to carry a pistol or revolver and ammunition therefor concealed on the person within the county where the license is granted.  Where the urgency or the need has been sufficiently indicated, the respective chief of police may grant to an applicant of good moral character who is a citizen of the United States of the age of twenty-one years or more, is engaged in the protection of life and property, and is not prohibited under section 134-7 from the ownership or possession of a firearm, a license to carry a pistol or revolver and ammunition therefor unconcealed on the person within the county where the license is granted].

     (b)  In all cases, the chief of police of each county shall adopt procedures to require that any person granted a license to carry a concealed firearm on the person be issued the license only upon meeting the following criteria:

     (1)  The person is qualified to use the firearm in a safe manner;

     (2)  The person is of good moral character and appears suitable to be so licensed;

     (3)  The person is not prohibited under section 134-7 from the ownership or possession of a firearm; and

     (4)  The person is not adjudged insane or is not mentally deranged.

The chief of police of the appropriate county, or the chief's designated representative, shall perform an inquiry on an applicant by using the National Instant Criminal Background Check System, to include a check of the Immigration and Customs Enforcement databases where the applicant is not a citizen of the United States, before any determination to grant a license is made.  [Unless renewed, the license shall expire one year from the date of issue.]  The license shall be valid for a period of five years provided that the applicant remains qualified to be licensed under this section and does not become ineligible to possess firearms under section 134-7 during this period, or unless the license is revoked for just cause by the issuing county police department.  In the event a licensee becomes ineligible under section 134-7, the license shall be automatically revoked.  Fees or portions thereof, paid to obtain a license issued pursuant to this section, shall not be refundable in whole or in part.  An applicant wishing to renew a license shall comply with the procedures set forth by the chief of police in the applicant's county of residence.

     [(b)  The chief of police of each county shall adopt procedures to require that any person granted a license to carry a concealed weapon on the person shall:

     (1)  Be qualified to use the firearm in a safe manner;

     (2)  Appear to be a suitable person to be so licensed;

     (3)  Not be prohibited under section 134-7 from the ownership or possession of a firearm; and

     (4)  Not have been adjudged insane or not appear to be mentally deranged.]

     (c)  A justice or judge shall be permitted to carry concealed on the person a loaded firearm for personal protection.

     (d)  No license issued pursuant to this section shall authorize any person to carry a concealed firearm, whether loaded or unloaded, into any:

     (1)  Police station, except when a firearm is being surrendered by its lawful owner for destruction, being registered, or being inspected, and only then transported as provided in section 134-25;

     (2)  Detention facility, prison, courthouse, city hall, or public building, except that a justice or judge shall not be precluded from carrying a firearm for personal protection;

     (3)  Elementary, intermediate, or high school campus;

     (4)  Trade, technical, or vocational school, or college campus, except as provided by law;

     (5)  Professional, semi-professional, collegiate, or other organized sporting event;

     (6)  Establishment or portion thereof that is licensed to serve alcoholic beverages for consumption upon those premises;

     (7)  Official polling place or meeting place of any state or county agency school district, community, or special district;

     (8)  Assembly of the legislature or committees thereof, which shall include political party offices, rallies, and other places where organized demonstrations or lobbying are authorized to take place;

     (9)  Airport passenger terminal, sterile, or restricted areas; and

    (10)  Military base, support and ancillary facility, recruiting office, clubhouse, golf course, or other area controlled by the military or federal government specifically for the use of the military and its personnel; except when the person is lawfully licensed to carry a firearm by the commanding officer of that facility, or that it is necessary for national defense in support of that facility or to support homeland security efforts.

     (e)  The State may enter into a reciprocal agreement with another state if the other state has a concealed firearm licensing program for which the standards and requirements to acquire the license are substantially similar and the other state is willing and able to grant a reciprocal agreement to the State for that purpose.

     (f)  The license shall be carried with valid identification at all times that the firearm is carried concealed upon the person in every place it may be carried.  Failure to possess or produce a license issued under this section, upon request of a law enforcement officer, shall constitute a misdemeanor.

     [(c)] (g)  No person shall carry concealed or unconcealed on the person a pistol or revolver without being licensed to do so under this section or in compliance with sections 134-5(c) or 134-25.

     [(d)] (h)  A fee of [$10] $150 shall be charged for each license and [shall be deposited in the treasury of the county in which the license is granted.] a fee of $85 shall be charged for each license renewal.  The fees shall be deposited with the respective county police department; provided that $40 of each license fee, whether new or renewal, shall be transferred to the domestic violence and sexual assault special fund established under section 321-1.3."

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

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

 

INTRODUCED BY:

_____________________________

 

 

 

 

Report Title:

Concealed Firearms; Licensing

 

Description:

Requires county chiefs of police to grant licenses to carry concealed firearms if the applicant meets certain criteria, restricts possession of concealed firearms in certain places, and raises licensing fees.

 

 

 

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