Bill Text: HI HB427 | 2024 | Regular Session | Introduced
Bill Title: Relating To Firearms.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [HB427 Detail]
Download: Hawaii-2024-HB427-Introduced.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
427 |
|
THIRTY-SECOND LEGISLATURE, 2023 |
|
|
|
STATE OF HAWAII |
|
|
|
|
|
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO FIREARMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 134-9, Hawaii Revised Statutes, is amended to read as follows:
"§134-9 Licenses to carry.
(a) [In
an exceptional case, when an applicant shows reason to fear injury to the
applicant's person or property, the] The chief of police of the
appropriate county may grant a license to carry a pistol or revolver and
ammunition therefor concealed on the person within the county where the license
is granted to an applicant who [is]:
(1) Is a
citizen of the United States [of the age of twenty-one years or more],
lawful permanent resident alien of the United States, United States national,
or [to a] duly accredited official representative of a foreign nation [of
the age of];
(2) Is
twenty-one years of age or more [to carry a pistol or revolver and
ammunition therefor concealed on the person within the county where the license
is granted.]; and
(3) Meets the
requirements under subsection (c).
(b) Where the urgency or the need has been
sufficiently indicated, the respective chief of police may grant a license
to carry a pistol or revolver and ammunition therefor unconcealed on the person
within the county where the license is granted to an applicant who:
(1) Is of good
moral character [who is];
(2) Is a
citizen of the United States [of the age of], lawful permanent
resident alien of the United States, or United States national;
(3) Is twenty-one
years of age or more[, is];
(4) Is engaged
in the protection of life and property[, and is not prohibited under section
134-7 from the ownership or possession of a firearm, a license to carry a
pistol or revolver and ammunition therefor unconcealed on the person within the
county where the license is granted.]; and
(5) Meets the
requirements under subsection (c).
(c)
The chief of police of each county shall adopt procedures to require
that any person granted a license under this section shall:
(1) Be
qualified to use the firearm in a safe manner;
(2) Be
a suitable person to be so licensed;
(3) Not
be prohibited under section 134-7 or any other law from the ownership or
possession of a firearm; and
(4) Not
have been adjudged insane or not appear to be mentally deranged.
(d) The chief of police of the appropriate
county, or the chief's designated representative, shall perform an inquiry on
an applicant for a license under this section by using the National
Instant Criminal Background Check System, to include a check of the Immigration
and Customs Enforcement databases where the applicant is not a citizen of the
United States, before any determination to grant a license is made.
(e) A fee of $10 shall be charged for each
license granted under this section. All
fees collected pursuant to this section shall be deposited in the treasury of
the county in which the license is granted.
(f) Unless renewed, [the] every
license granted pursuant to this section shall expire one year from the
date of issue.
[(b)
The chief of police of each county shall adopt procedures to require
that any person granted a license to carry a concealed weapon on the person
shall:
(1) Be
qualified to use the firearm in a safe manner;
(2) Appear
to be a suitable person to be so licensed;
(3) Not
be prohibited under section 134-7 from the ownership or possession of a
firearm; and
(4) Not
have been adjudged insane or not appear to be mentally deranged.
(c)] (g) No person shall carry concealed or
unconcealed on the person a pistol or revolver without being licensed to do so
under this section or in compliance with sections 134-5(c) or 134-25.
[(d)
A fee of $10 shall be charged for each license and shall be deposited in
the treasury of the county in which the license is granted.]
(h)
Except as otherwise provided by federal or state law, no person who has
a valid license pursuant to this section shall knowingly, intentionally, or
recklessly carry upon their person a pistol or revolver outside of the person's
residence without having a valid license in the person's immediate possession,
or fail to display the same upon the demand of a law enforcement officer;
provided that this subsection shall not apply to qualified law enforcement
officers and qualified retired law enforcement officers pursuant to title 18
United States Code sections 926B and 926C and this chapter who have
documentation regarding their qualifications in their immediate possession and
persons exempted under section 134-11. Any
person violating this subsection shall be guilty of a misdemeanor. A law enforcement officer may arrest an
alleged violator of this subsection or issue a citation in lieu of arrest, as
provided in section 803-6. In any
prosecution under this subsection, it shall be an affirmative defense that the
person was exempt from the prohibition.
The failure of a person to:
(1) Have a valid
license in the person's immediate possession while carrying on their person a
firearm outside the person's residence shall be prima facie evidence that the
person knows the person is carrying a firearm in public without possession of
the person's license; or
(2) Display the
person's license upon the demand of a law enforcement officer while carrying on
their person a firearm outside the person's residence shall be prima facie
evidence that the person has knowingly, intentionally, and recklessly failed to
display the license.
(i) For the purposes of this section, "suitable person" means having the essential character, temperament, and judgment necessary to be entrusted with a weapon and to use it only in a manner that does not endanger oneself or others as evidenced by any information submitted or required as part of the application or found during the investigation thereof that indicates the applicant has not engaged in dangerous, threatening, reckless, or irresponsible conduct and has not otherwise conducted themselves in a manner that indicates they are likely to use the weapon in a manner that endangers themselves or others."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
|
INTRODUCED BY: |
_____________________________ |
|
|
|
Report Title:
Firearms; License to Carry
Description:
Amends the requirements for licenses to carry firearms concealed or unconcealed. Requires possession and display of a valid license when publicly carrying firearms.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
