STAND. COM. REP. NO. 729-16
Honolulu, Hawaii
, 2016
RE: H.B. No. 2284
Honorable Joseph M. Souki
Speaker, House of Representatives
Twenty-Eighth State Legislature
Regular Session of 2016
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 2284 entitled:
"A BILL FOR AN ACT RELATING TO GUARDIANSHIP,"
begs leave to report as follows:
(1) Disclose to the Federal Bureau of Investigation for inclusion in the National Instant Criminal Background Check System (NICS) database; and
(2) Maintain the information for disclosure to law enforcement for the purpose of firearms permitting and registration.
The Department of the Attorney General supported this measure.
Your Committee finds that there is a need to ensure that those who are mentally incapacitated do not have the opportunity to possess a firearm. Though the county police departments are required to conduct a background check using NICS to help identify those who are prohibited from legally possessing a firearm, the State does not require information to be submitted to NICS when an adult is subject to a guardianship order by the court. This measure will address that gap in reporting. Should the court later terminate an adult guardianship order, the individual has the opportunity under state law to reinstate eligibility for firearms possession.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2284 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ KARL RHOADS, Chair |
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