STAND. COM. REP. NO. 445

Honolulu, Hawaii

RE:    S.B. No. 1037

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committees on Public Safety, Intergovernmental, and Military Affairs and Government Operations, to which was referred S.B. No. 1037 entitled:

"A BILL FOR AN ACT RELATING TO FIREARMS,"

beg leave to report as follows:

     The purpose and intent of this measure is to require that certain agencies be notified when a firearm permit application is denied because the applicant is prohibited from owning, possessing, receiving, or controlling a firearm under federal or state law.

     Your Committees received testimony in support of this measure from the Judiciary, Kauai Police Department, and thirteen individuals.  Your Committees received testimony in opposition to this measure from one individual.

     Your Committees find that a robust regulatory framework for firearm ownership is essential to protecting the public health, safety, and welfare.  Part of that regulatory framework should include identifying individuals who are prohibited from owning, possessing, receiving, or controlling a firearm under federal or state law, but who still attempt to apply for and are denied a permit because of their existing status.  Therefore, this measure:

     (1)  Requires the firearms permitting authority to notify the prosecuting attorney of the county of the issuing authority, the United States Attorney's Office in Hawaii, and the Department of Public Safety if an applicant is denied a permit because the applicant is prohibited from owning, possessing, receiving, or controlling a firearm under federal or state law; and

     (2)  Requires the Department of Public Safety, upon notification of such a permit denial, to determine if the denied applicant is serving probation or parole, and if so, send notice to the applicant's probation or parole officer.

     Your Committees, however, have concerns about the effectiveness of this measure as written.  Under existing laws, an individual who seeks a permit to own a firearm, but is prohibited by statute from doing so, will be denied a permit.  Testimony presented during the hearing highlighted that merely seeking a permit, even if prohibited from obtaining one, is not a violation of the law.  Therefore, it is not clear how passing on information about a denied permit, even for someone prohibited from obtaining one, to prosecutors would have any real impact.  If your Committee on Judiciary and Labor decides to hear this measure, it may be beneficial for that Committee to further explore this concern.

     Your Committees have amended this measure by inserting an effective date of May 22, 2050, to encourage further discussion.

     As affirmed by the records of votes of the members of your Committees on Public Safety, Intergovernmental, and Military Affairs and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1037, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1037, S.D. 1, and be referred to your Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committees on Public Safety, Intergovernmental, and Military Affairs and Government Operations,

________________________________ DONNA MERCADO KIM, Chair

________________________________ CLARENCE K. NISHIHARA, Chair