Bill Text: HI HB657 | 2021 | Regular Session | Introduced
Bill Title: Relating To Firearms.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-01-27 - Referred to JHA, FIN, referral sheet 1 [HB657 Detail]
Download: Hawaii-2021-HB657-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
657 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to firearms.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the federal Law Enforcement Officers Safety Act of 2004 (LEOSA), Public Law 108‑277, was intended to afford active and retired law enforcement officers the privilege of carrying a concealed firearm across state lines. The LEOSA was amended by the Law Enforcement Officers Safety Act Improvements Act of 2010, Public Law 111-272, to include former officers who have separated after serving as law enforcement officers for ten years or more. The LEOSA was amended again by section 1089 of the National Defense Authorization Act for Fiscal Year 2013, Public Law 112-239, to include a certain category of military employees with statutory powers of arrest or apprehension. However, since the enactment of the second amendment of the LEOSA, varying state approaches to implementation have hindered the consistent and effective operation of the federal law, especially with respect to qualified retired law enforcement officers.
Under the LEOSA, as amended, qualified retired law enforcement officers who wish to carry a concealed firearm in any of the fifty states are required to carry a photographic identification that is issued by the agency from which the qualified retired law enforcement officer was employed that indicates or is accompanied by a firearm certification. If the photographic identification does not indicate that the retired officer has met firearm training standards, then the photographic identification is required to be accompanied by a firearm certification that is issued by the state in which the qualified retired law enforcement officer resides or by a certified firearms instructor who is qualified to conduct firearms qualification tests for active duty officers within that state. The firearm certification must also certify that the qualified retired law enforcement officer has met, within the most recent twelve-month period, the active law enforcement standards for qualification, as determined by the state, to carry a firearm of the same type as the firearm the qualified retired law enforcement officer intends to conceal and carry. If the state that the qualified retired law enforcement officer resides in has not established any qualification standards, then standards established by any law enforcement agency within that state may be used. Currently, Hawaii has not formerly established firearm qualification standards for qualified retired law enforcement officers residing in the State or a statutory framework to uniformly permit active and qualified retired law enforcement officers to carry a concealed weapon in Hawaii pursuant to the LEOSA, as amended.
The purpose of this Act is to authorize the department of the attorney general to develop and implement a state program to allow active and qualified retired law enforcement officers to carry a concealed firearm in Hawaii pursuant to the LEOSA, as amended.
SECTION 2. Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§134- Carrying of concealed firearm by law enforcement
officers. (a) To carry a concealed firearm in this State
pursuant to
(b) To carry a concealed firearm in this State
pursuant to title 18 United States Code section 926C, a qualified retired law
enforcement officer shall comply with all state laws, including but not limited
to this chapter and rules adopted under this section.
(c) The department of the attorney general shall adopt rules pursuant to chapter 91 to effectuate the purposes of this part."
SECTION 3. 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 chief of police of the appropriate
county may grant a license to an applicant who is a citizen of the United States
of the age of twenty-one years or more or to a duly accredited official
representative of a foreign nation of the age of twenty-one years or more to
carry a pistol or revolver and ammunition therefor concealed on the person
within the county where the license is granted.
Where the urgency or the need has been sufficiently indicated, the respective
chief of police may grant to an applicant of good moral character who is a
citizen of the United States of the age of twenty-one years or more, 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. The chief
of police of the appropriate county, or the chief's designated representative,
shall perform an inquiry on an applicant 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. Unless renewed, the license 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)
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.
(e) This section shall not apply to qualified law enforcement officers or qualified retired law enforcement officers in compliance with and the rules adopted pursuant to section 134‑ ."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Firearms; Active and Retired Law Enforcement Officers; Carrying of a Concealed Firearm; LEOSA
Description:
Authorizes the department of the attorney general to develop and implement a state program to allow active and retired law enforcement officers to carry a concealed firearm in the State pursuant to the federal Law Enforcement Officers Safety Act of 2004. Makes a conforming amendment to state firearm laws.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
