STAND. COM. REP. NO. 3336

Honolulu, Hawaii

RE:    H.B. No. 2246

       H.D. 1

       S.D. 1

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2014

State of Hawaii

Madam:

     Your Committees on Judiciary and Labor and Ways and Means, to which was referred H.B. No. 2246, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO MENTAL HEALTH,"

beg leave to report as follows:

     The purpose and intent of this measure is to promote state compliance with federal firearm regulations by:

     (1)  Providing for a court-based program for persons federally prohibited from owning a firearm based on a finding of mental illness or civil commitment whereby the persons may petition for relief from the federal firearm prohibitor; and

     (2)  Requiring courts to provide information relating to involuntary civil commitments to the Hawaii Criminal Justice Data Center for use by law enforcement officials for firearms permitting or registration and for submission to the Federal Bureau of Investigation National Instant Criminal Background Check System (NICS) database for gun control purposes.

     Your Committees received testimony in support of this measure from the Department of the Attorney General, Hawaii Rifle Association, Hawaii members of the National Rifle Association, and twenty-two individuals.  Your Committees received comments on this measure from two individuals.

     Your Committees find that NICS is a federal database that uses information provided by states to identify individuals who are federally prohibited from possessing a firearm.  Your Committees further find that Hawaii currently does not provide information on adjudicated civil commitments to NICS because state law prohibits the disclosure of this information.  This measure will promote public safety and individual rights by permitting the courts to share information with law enforcement agencies responsible for approving requests for firearm permits and registrations and also by contributing information to the national database in order to promote gun control and public safety throughout the nation.

     Your Committees have amended this measure by:

     (1)  Adopting the language suggested by the Hawaii Rifle Association to change the standard of proof from clear and convincing to preponderance of the evidence for a petitioner to prove that the petitioner will not be likely to act in a manner dangerous to public safety and the granting of relief will not be contrary to public interest in order for the court to grant a petition for relief; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the records of votes of the members of your Committees on Judiciary and Labor and Ways and Means that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2246, H.D. 1, as amended herein, and recommend that it pass Third Reading in the form attached hereto as H.B. No. 2246, H.D. 1, S.D. 1.

Respectfully submitted on behalf of the members of the Committees on Judiciary and Labor and Ways and Means,

____________________________ DAVID Y. IGE, Chair

____________________________ CLAYTON HEE, Chair