STAND. COM. REP. NO. 672

Honolulu, Hawaii

RE:    S.B. No. 898

       S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 898, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FIREARMS OWNED, POSSESSED, OR CONTROLLED BY PERSONS WHO POSE A SERIOUS RISK OF VIOLENCE OR HARM TO PUBLIC SAFETY,"

begs leave to report as follows:

     The purpose and intent of this measure is to allow law enforcement to seize and retain firearms or ammunition owned, possessed, or controlled by a person who poses a serious risk of violence or harm to public safety, pursuant to a court order, by establishing specific criteria for the issuance of a warrant to search for, seizure of, hearings regarding, retention of, and return of firearms or ammunition, if certain conditions are met.

     Your Committee received testimony in support of this measure from the Department of the Attorney General; Office of Homeland Security, Department of Defense; Police Department, City and County of Honolulu; Police Department, County of Kaua‘i; Office of the Prosecuting Attorney, County of Hawai‘i; and seven individuals.  Your Committee received testimony in opposition to this measure from the National Rifle Association Hawaii, Institute for Rational and Evidence-based Legislation, Lessons In Firearms Education, and one hundred six individuals.

     Your Committee finds that existing law disqualifies certain persons from owning a firearm or ammunition.  However, there are occasions where law enforcement becomes aware of a person who poses serious risk of violence or harm to public safety, but is not disqualified from firearms ownership pursuant to state law.  This measure includes such persons as persons who are disqualified from firearms or ammunition ownership due to them having certain traits or characteristics or a proclivity toward violence or harm against the public and provides those persons with certain due process safeguards.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of January 7, 2059, to encourage further discussion; and

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

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 898, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 898, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

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GILBERT S.C. KEITH-AGARAN, Chair