SB2647.DOC

SECTION 1. The legislature finds that existing provisions in the law are inadequate to deter persons with firearms from trespassing on lands and potentially causing bodily injury to others or damage to property, livestock, and crops. These occurrences have been especially egregious on farms and ranches.

The purpose of this Act is to require those who wish to access private land for hunting or other legitimate purposes to obtain written permission from the landowner.

SECTION 2. Section 134-1, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

""Place of formal hunting" means an area on state or federal land where hunting is permitted or an area on private land only where the landowner has granted written permission to an individual to use the land for hunting or target shooting."

SECTION 3. Section 134-5, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) Any person of the age of sixteen years, or over or any person under the age of sixteen years while accompanied by an adult, may carry and use any lawfully acquired rifle or shotgun and suitable ammunition while actually engaged in hunting or target shooting at a place of formal hunting or while going to and from the place of hunting or target shooting; provided that the person has procured a hunting license under chapter 183D, part II. A hunting license shall not be required for persons engaged in target shooting."

2. By amending subsection (c) to read:

"(c) A person may carry unconcealed and use a lawfully acquired pistol or revolver while actually engaged in hunting game mammals[,] at a place of formal hunting if that pistol or revolver and its suitable ammunition are acceptable for hunting by rules adopted pursuant to section 183D-3 and if that person is licensed pursuant to part II of chapter 183D. The pistol or revolver may be transported in an enclosed container, as defined in section 134-25 in the course of going to and from the place of the hunt, notwithstanding section 134-26."

SECTION 4. Section 134-23, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as provided in section 134-5, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

(1) A place of repair;

(2) A target range;

(3) A licensed dealer's place of business;

(4) An organized, scheduled firearms show or exhibit;

(5) A place of formal [~~hunter~~] hunting or firearm use training or instruction; or

(6) A police station.

"Enclosed container" means a rigidly constructed receptacle, [or] a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm."

SECTION 5. Section 134-24, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

(1) A place of repair;

(2) A target range;

(3) A licensed dealer's place of business;

(4) An organized, scheduled firearms show or exhibit;

(5) A place of formal [~~hunter~~] hunting or firearm use training or instruction; or

(6) A police station.

"Enclosed container" means a rigidly constructed receptacle, [or] a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm."

SECTION 6. Section 134-25, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as provided in sections 134-5 and 134-9, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

(1) A place of repair;

(2) A target range;

(3) A licensed dealer's place of business;

(4) An organized, scheduled firearms show or exhibit;

(5) A place of formal [~~hunter~~] hunting or firearm use training or instruction; or

(6) A police station.

"Enclosed container" means a rigidly constructed receptacle, [or] a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm."

SECTION 7. Section 134-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as provided in sections 134-5 and 134-9, all ammunition shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry ammunition in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

(1) A place of repair;

(2) A target range;

(3) A licensed dealer's place of business;

(4) An organized, scheduled firearms show or exhibit;

(5) A place of formal [~~hunter~~] hunting or firearm use training or instruction; or

(6) A police station.

"Enclosed container" means a rigidly constructed receptacle, [or] a commercially manufactured gun case, or the equivalent thereof that completely encloses the ammunition."

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 2012.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2647
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII