Bill Text: HI SB1230 | 2023 | Regular Session | Amended
Bill Title: Relating To Firearms.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2023-06-02 - Act 052, 06/02/2023 (Gov. Msg. No. 1152). [SB1230 Detail]
Download: Hawaii-2023-SB1230-Amended.html
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THE SENATE |
S.B. NO. |
1230 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 2 |
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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 l. The legislature finds that, pursuant to article IX, sections 1 and 10, of the Constitution of the State of Hawaii, the State is obligated to protect the health and safety of the public. There are compelling interests in protecting public health, safety, and welfare from the serious hazards associated with firearms and gun violence. Although the United States Supreme Court has held that the Second Amendment provides for an individual right to keep and bear arms for lawful purposes, the Second Amendment is not a regulatory straightjacket. States retain authority to enact a variety of gun regulations, such as prohibiting the carrying of firearms in sensitive locations and adopting laws and regulations designed to ensure that those who carry firearms are lawabiding, responsible citizens.
The legislature further finds that Hawaii's firearms laws are an important reason that Hawaii leads the nation in preventing incidents of gun violence. Nationwide, more than thirty thousand gun violence-related deaths occur per year. In Hawaii, there are fewer than fifty gun violence-related deaths per year, and these deaths occur at a rate of fewer than five gun deaths for every one hundred thousand people. Hawaii has cumulatively ranked number one as the state with the lowest number of deaths, and lowest rate of deaths, from gun violence. According to annual statistics from the Centers for Disease Control and Prevention, Hawaii had the lowest number of deaths and lowest death rate attributed to gun violence in 2020. In 2019, Hawaii had the second lowest number of deaths and the fourth lowest death rate. In 2018, Hawaii had the second fewest deaths and third lowest death rate; in 2017, the fewest deaths and lowest death rate; in 2016, the second fewest deaths and fourth lowest death rate; in 2015, the second fewest deaths and second lowest death rate; and in 2014, the second fewest deaths and lowest death rate.
The legislature recognizes that, in New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S. Ct. 2111 (2022), the United States Supreme Court held that the public carrying of firearms "could be prohibited consistent with the Second Amendment" in "sensitive places". Many states and federal agencies have historically enacted location-based restrictions on the carrying of firearms in or on such places as school grounds, legislative buildings, polling places, courthouses, places of worship, college and university campuses, bars and restaurants that serve alcohol, and other spaces for public or social gathering. The legislature observes that restrictions on public carrying of firearms in Hawaii have existed for many years. For example, a law enacted on May 25, 1852, "An Act to Prevent the Carrying of Deadly Weapons" (1852 Haw. Sess. Laws 19), declared that "the habit of carrying deadly weapons is dangerous to life and the public peace".
Accordingly, this Act, grounded in the State's historical restrictions and principles, restricts firearms from areas in which public health and safety demand protection. These areas include any private property or business in which firearms are not usually allowed (and usually not expected), unless the property owner has the authority and expressly consents to an individual's carry of a firearm.
The legislature notes that this Act's location-based restrictions do not negate or diminish other laws regulating firearms, including laws that prohibit the possession of a firearm without a permit to acquire a firearm, laws that prohibit carrying a firearm without a license to carry, and laws that require firearm registration.
The legislature further finds that data support location‑based restrictions on the carrying of firearms. When other cities and states changed their laws to allow the concealed carrying of firearms, or loosened restrictions on the carrying of firearms, there was a corresponding increase in crimes involving firearms. Michael Siegel and other researchers from the Boston University School of Public Health compared homicide rates over a twenty-five-year period, from 1991 to 2015. Their findings, published in 2017 in the American Journal of Public Health as Easiness of Legal access to Concealed Firearm Permits and Homicide Rates in the United States (107:12, 1923-29, DOI: https:doi.org/10.2105/AJPH.2017.304057), concluded that "shall-issue" laws, which require concealed carry permits to be issued if the permit criteria are met, are associated with significantly higher rates of total, firearm‑related, and handgun-related homicide: 6.5 per cent higher total homicide rates, 8.6 per cent higher firearm-related homicide rates, and 10.6 per cent higher handgun-specific homicide rates, when compared with states having "may-issue" laws, which grant authorities discretion on whether to issue carrying permits. Similarly, Emma Fridel, a Florida State University College of Criminology and Criminal Justice professor, examined the impact of household gun ownership and concealed carry legislation on firearm-related homicides and mass shootings in the United States from 1991 to 2016. The professor, whose findings were published in 2021 in Justice Quarterly as Comparing the Impact of Household Gun Ownership and Concealed Carry Legislation on the Frequency of Mass Shootings and Firearms Homicide (38:5, 892‑915, DOI: httdoi.org/10.1080/07418825.2020.1789693), found that states with "shall-issue" laws and states that do not require a permit to carry a firearm have overall firearm homicide rates that are 10.8 per cent higher than states with "may-issue" laws. A team of researchers lead by John Donohue found that "shall‑issue" laws were associated with increased rates of violence in forty-seven major United States cities, including a twenty‑nine per cent overall increase in firearm violent crimes, a thirty-two per cent increase in firearm‑related robberies, and a thirty-five per cent increase in gun thefts. The team, in More Guns, More Unintended Consequences: The Effects of Right‑to-Carry on Criminal Behavior and Policing in US Cities, a June 2022 working paper published by the National Bureau of Economic Research (available at: https:www.nber.org/papers/w30190), concluded: "Any crime‑inhibiting benefits from increased gun carrying are swamped by the crime-stimulating impacts". Still other researchers, led by Mitchell L. Doucette, also found an association of "shall-issue" laws with increased violence. Their manuscript, entitled Impact of Changes to Concealed Carry Weapons Laws on Fatal and Nonfatal Violent Crime, 1980-2019 (kwac160,DOI: https:doi.org/10.1093/aje/kwac160), and published in 2022 by the American Journal of Epidemiology, concluded that those laws led to a 9.5 per cent increase in the rate of firearm assaults.
Accordingly, the purpose of this Act is to clarify, revise, and reframe Hawaii's firearms laws to mitigate the serious hazards to public health, safety, and welfare associated with firearms and gun violence, while respecting and protecting the lawful exercise of individual rights.
SECTION 2. Chapter 134, Hawaii Revised Statutes, is amended by adding five new sections to be appropriately designated and to read as follows:
"§134-A Prohibition against carrying a firearm in
a sensitive location; prohibition against carrying a firearm on the private
property of another person without authorization; penalty. (a) Subject to the exceptions
stated in subsections (b) through (e), a person granted a license to carry a
concealed firearm under section 134-9, or in accordance with title 18 United
States Code section 926B or 926C, shall not intentionally, knowingly, or
recklessly carry a firearm:
(1) In a sensitive location; or
(2) On the private property of another person without authorization.
(b) Subsection (a) shall not apply to the following individuals:
(1) Persons exempted from section 134-9 under section 134‑11; and
(2) Detectives, private detectives,
investigators, or guards as defined in section 463-1; provided that the
detective, private detective, investigator, or guard is expressly authorized by
the county chief of police to carry a firearm in a particular sensitive
location while on duty in that sensitive location or is expressly authorized to
carry or possess a weapon in a location defined in subsection (i) by the owner,
lessee, operator, or manager of that location or premise and is acting within
that person's scope of employment.
(c) Notwithstanding subsection (a), a person carrying a firearm pursuant to a license issued under section 134-9, or in accordance with title 18 United States Code section 926B or 926C, may:
(1) Transport a concealed firearm within
the person's vehicle or in a location specified in paragraphs (14) or (15) of
the definition of "sensitive location" in subsection (i); provided
that the firearm is unloaded and in a locked container;
(2) Transport a concealed firearm within a vehicle into or out of a parking area in a location covered under subsection (a); provided that the firearm is secured in a locked container; and
(3) Transport a concealed firearm in the immediate area surrounding their vehicle within a prohibited parking lot area only for the purpose of storing or retrieving a firearm within a locked container in the vehicle's trunk or other place inside the vehicle that is out of plain view.
(d) Except in the locations specified in paragraphs (1) and (2) of the definition of "sensitive location" in subsection (i), a person shall not be in violation of this section while traveling along a public right-of-way that touches or crosses any of the locations identified in subsection (i) if the concealed firearm is carried on their person or is being transported in a vehicle by the licensee in accordance with all other applicable laws; provided that nothing in this exception shall allow a licensee to loiter or remain in such sensitive location longer than necessary to complete their travel.
(e) This section shall not apply to a licensee who must walk through a public gathering or special event in order to access their residence, place of business, or vehicle while the licensee is in the act of walking through the gathering or event to access their residence, place of business, or vehicle; provided that nothing in this exception shall allow a licensee to loiter or remain in a place identified in this subsection longer than necessary to complete their travel.
(f) The applicability of the exceptions stated in
subsections (b) through (e) shall constitute defenses on which a defendant
bears an initial burden of production.
(g) Nothing in this section shall prohibit the
carrying of a firearm where it is otherwise expressly authorized by state law.
(h) Any person violating subsection (a) shall be
guilty of a misdemeanor, and shall also be subject to revocation of their
license to carry a firearm under section 134-13, and disqualified from renewing
their license to carry a firearm under section 134-9.
(i) For the purposes of this section:
"Private
property of another person without authorization" means residential,
commercial, industrial, agricultural, institutional, or undeveloped property
that is privately leased, unless:
(1) The owner, lessee, operator, or
manager of the property has provided express authorization to carry a firearm
on the property or premises to the person carrying a concealed firearm pursuant
to a license issued under section 134-9 or in accordance with title 18, United
State Code section 926B or 926C;
(2) The owner, lessee, operator, or
manager of the property clearly and conspicuously posts a sign at the entrance
of the building or on the premises indicating that carrying firearms is
authorized on that property or premises; or
(3) The person carrying a concealed
firearm pursuant to a license issued under section 134-9 or in accordance with
title 18, United States Code section 926B or 926C is an owner, lessee,
operator, or manager of the property, including but not limited to an ownership
interest in a common element or limited common element of the property.
"Sensitive
location" means the following, including adjacent areas and parking areas:
(1) A school as defined in section
302A-901 and any school bus;
(2) A public or private college or
university, including but not limited to buildings, classrooms, laboratories,
artistic venues, research facilities, athletic fields or venues;
(3) A child care facility as defined in
section 346-151;
(4) A nursery school, preschool, day care center, or summer camp;
(5) A public park or recreational ground
as defined in section 708-814.5, but not including an authorized target range
or shooting complex;
(6) A playground, library, museum,
carnival, aquarium, zoo, or recreation center;
(7) A shelter or residential facility operated by a government entity or a charitable organization serving children or adults, including but not limited to unhoused children or adults and children involved in the juvenile justice system;
(8) A bar, restaurant, or establishment issued a license for on-premise consumption of liquor pursuant to sections 281-31 and 281-32.5;
(9) A building or office owned, leased, or used by the State or a county, including but not limited to any portion of a building or office used for legislative business, contested case hearings, agency rulemaking, or other activities of state or county government;
(10) A courthouse, courtroom, or any other premises used to conduct judicial or court administrative proceedings or functions;
(11) A voter service center, place of deposit, or appurtenance to a voter service center or place of deposit, including any area designated for voters waiting to vote, routes of access, and any other areas specified in section 11-132 and any area within a two hundred foot radius from the perimeter of those locations as follows:
(A) As applied to voter service centers
and their appurtenances, all operating hours, as set forth in section 11-109;
and
(B) As applied to places of deposit and their appurtenances, all times at which the place of deposit is accessible to the public;
(12) A vote counting center or a place where ballots are stored;
(13) A public gathering, public assembly, or special event conducted on property open to the public, including but not limited to a demonstration, march, rally, vigil, protest, or picketing event, that requires the issuance of a permit from a federal, state, or local government and the sidewalk or street immediately adjacent to the public gathering or special event and within one thousand feet from the event or gathering; provided that there are signs clearly and conspicuously posted at visible places along the perimeter of the event;
(14) A place, conveyance, or vehicle used for public transportation or public transit, including but not limited to:
(A) Buses and paratransit vans;
(B) Train cars;
(C) Ferries;
(D) Railroad; and
(E) Marine or aviation transportation;
(15) A facility used for or in connection with service in the transportation of passengers, including but not limited to:
(A) Airports;
(B) Bus shelters and terminals;
(C) Train stations;
(D) Rail stations; and
(E) Harbors;
(16) A stadium, arena, theater, performance venue, or amusement park, or any place at which a professional, collegiate, high school, amateur, or student sporting event is being held;
(17) A public or private hospital or
hospital affiliate, mental health facility, nursing home, clinic, medical
office, urgent care facility, or other place at which medical services are
customarily provided; and
(18) A financial institution as defined
in section 211D-1.
§134-B Annual report on licenses to carry. (a) By April 1, 2024, and
each year thereafter, the attorney general shall publish a report on its
publicly available website detailing:
(1) The number of licenses to carry applied for, issued, revoked, and denied, and further categorized by the age, sex, race, and county of residence of the applicant or license holder;
(2) The specific reasons for each revocation and denial;
(3) Analysis of denials under section 134-9(b)(2) and recommendations to remedy any disparities in denial rates by age, sex, or race;
(4) The number of appeals and appeals
granted; and
(5) The number of violations of sensitive location restrictions.
(b) The chief of police of each county shall supply the attorney general with the data the attorney general requires to complete the report under subsection (a) for the prior year by February 1 of each year.
§134-C Mandatory insurance coverage. (a) Effective one year after the insurance
commissioner makes a formal determination that suitable policies are
commercially available, all persons applying for a new or renewed license to
carry a firearm under section 134-9 shall maintain insurance coverage insuring
against loss resulting from liability imposed by law for bodily injury, death,
or property damage sustained by any person arising out of the ownership,
maintenance, operation, storage, or use of a firearm carried in public. Liability coverage shall be not less than
$100,000 per person, with an aggregate limit of not less than $300,000 per
occurrence.
(b) Proof of insurance as required pursuant to
subsection (a) shall, upon request, be produced by the person carrying a
firearm in public within a reasonable amount of time following any injury,
death, or property damage alleged to have been caused by the person carrying
the firearm in public. This requirement
shall be satisfied by delivering a full and complete copy of the applicable
policy or policies of insurance that meet the standards established by
subsection (a) and that were in force at the time of the injury, death, or
property damage. Disclosure of policy
information under this subsection shall not constitute an admission that the
alleged injury, death, or property damage is subject to the policy.
§134-D Duty to maintain possession of license
while carrying a firearm; duty to disclose; penalty. (a)
A person carrying a firearm pursuant to a license issued under section
134-9, or in accordance with title 18 United States Code section 926B or 926C,
shall have in the person's immediate possession:
(1) The license issued under section 134-9 or credentials as required under title 18 United States Code section 926B or 926C; and
(2) Documentary evidence that the firearm being carried is registered under this chapter,
and shall,
upon request from a law enforcement officer, present the license or credentials
and evidence of registration.
(b) When a person carrying a firearm, including
but not limited to a person carrying a firearm pursuant to a license issued
under section 134-9 or in accordance with title 18 United States Code section
926B or 926C, is stopped by a law enforcement officer or is a driver or
passenger in a vehicle stopped by a law enforcement officer, the person
carrying a firearm shall immediately disclose to the
law enforcement officer that the person is carrying a firearm, and shall,
upon request:
(1) Identify the specific location of the firearm; and
(2) Present to the law enforcement officer a license to carry a firearm issued under section 134-9 or credentials as required under title 18 United States Code section 926B or 926C.
(c) Any person who intentionally, knowingly, or
recklessly violates this section shall be guilty of a petty misdemeanor.
§134-E Authority of counties. Nothing in this chapter shall be construed to affect the authority of any county to impose requirements relating to firearms that exceed the statewide provisions established in this chapter, including but not limited to prohibitions against carrying or possessing a firearm in additional locations or premises within that county."
SECTION 3. Section 134-1, Hawaii Revised Statutes, is amended as follows:
1. By adding three new definitions to be appropriately inserted and to read:
""Concealed"
means, in relation to a firearm, that the firearm is entirely hidden from view
of the public and not discernible by ordinary observation, such that a reasonable
person without law enforcement training would be unable to detect the presence
of a firearm.
"Locked
container" means a secure container that is fully enclosed, capable of
preventing an unauthorized person from obtaining access to or possession of the
firearm contained therein, and locked by a padlock, keylock, keypad,
combination lock, or similar locking device.
The term "locked container" does not include the trunk or the
utility or glove compartment of a motor vehicle.
"Unconcealed" means not concealed."
2. By amending the definition of "crime of violence" to read:
""Crime
of violence" means any offense[, as defined in title 37,] under
state or federal law, or the law of another state, a United States territory,
or the District of Columbia that [involves] has as an element of
injury or threat of injury to the person of another[, including] or
that has as an element of use, attempted use, or threatened use of physical
force against the person or property of another or the creation of a
substantial risk of causing bodily injury, and also includes the following
offenses: sexual assault in the fourth
degree under section 707-733 [and], harassment under section
711-1106, harassment by stalking under section 711-1106.5[.],
endangering the welfare of a minor in the second degree under section 709‑904,
terroristic threatening in the second degree under section 707-717, reckless
endangering in the second degree under section 707-714, criminal solicitation
of a crime of violence under section 705-510, and conspiracy to commit a crime
of violence under section 705-520, and offenses under federal law, or the law
of another state, a United States territory, or the District of Columbia, that
are comparable to the offense defined or listed above."
SECTION 4. Section 134-2, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows:
"(d) The chief of police of the respective
counties [may] shall issue permits to acquire firearms to
citizens, nationals, or lawful permanent residents of the United States
of the age of twenty-one years or more, or duly accredited official
representatives of foreign nations, or duly commissioned law enforcement
officers of the State who are aliens; provided that any law enforcement officer
who is the owner of a firearm and who is an alien shall transfer ownership of
the firearm within forty-eight hours after termination of employment from a law
enforcement agency. The chief of police
of each county [may] shall issue permits to aliens of the age of
eighteen years or more for use of rifles and shotguns for a period not
exceeding sixty days, upon a showing that the alien has first procured a
hunting license under chapter 183D, part II.
The chief of police of each county [may] shall issue
permits to aliens of the age of twenty-one years or more for use of firearms
for a period not exceeding six months, upon a showing that the alien is in
training for a specific organized sport-shooting contest to be held within the
permit period. The attorney general
shall adopt rules, pursuant to chapter 91, as to what constitutes sufficient
evidence that an alien is in training for a sport-shooting contest. Notwithstanding any law to the contrary and
upon joint application, the chief of police [may] shall issue
permits to acquire firearms jointly to spouses who otherwise qualify to obtain
permits under this section.
(e)
The permit application form shall be signed by the applicant and by the
issuing authority. One copy of the
permit shall be retained by the issuing authority as a permanent official
record. Except for sales to dealers
licensed under section 134-31, or dealers licensed by the United States
Department of Justice, or law enforcement officers, [or where a license is
granted under section 134-9,] or where any firearm is registered pursuant
to section 134-3(a), no permit shall be issued to an applicant earlier than
fourteen calendar days after the date of the application; provided that a
permit shall be issued or the application denied before the twentieth day from
the date of application. Permits issued
to acquire any pistol or revolver shall be void unless used within ten days
after the date of issue. Permits to
acquire a pistol or revolver shall require a separate application and permit
for each transaction. Permits issued to
acquire any rifle or shotgun shall entitle the permittee to make subsequent
purchases of rifles or shotguns for a period of one year from the date of issue
without a separate application and permit for each acquisition, subject to the
disqualifications under section 134-7 and subject to revocation under section
134-13; provided that if a permittee is arrested for committing a felony or any
crime of violence or for the illegal sale or distribution of any drug,
the permit shall be impounded and shall be surrendered to the issuing
authority. The issuing authority shall
perform an inquiry on an applicant by using the International Justice and
Public Safety Network, including the United States Immigration and Customs
Enforcement query, the National Crime Information Center, and the National
Instant Criminal Background Check System, pursuant to section 846-2.7 before
any determination to issue a permit or to deny an application is made. The issuing authority shall not issue a
permit to acquire the ownership of a firearm to any person where the issuance
would not be in the interest of public health, safety, or welfare because the
person is found to be lacking the essential character or temperament necessary
to be entrusted with a firearm. In determining
whether the person lacks the essential character or temperament necessary to be
entrusted with a firearm, the issuing authority shall consider whether the
person is likely to engage in conduct, other than lawful self-defense, that
would pose a danger to self or others, as evidenced by whether the applicant
has any history of threats or acts of violence by the applicant directed toward
their self or others or any history of use, attempted use, or threatened use of
physical force by the applicant against another person, or other incidents
implicating the disqualifying criteria set forth in this subsection, including
but not limited to determining whether the applicant has been subject to any
recent arrests or criminal charges or has been experiencing any mental health
issues such as suicidal ideation or violent impulses, the applicant's use of
drugs or alcohol, and any other relevant evidence. The issuing authority shall consider the
risks associated with firearms in the home, such as failure to consistently
secure a firearm when not in the applicant's immediate control, the initiating
or escalating of conflicts with intimate partners, family members, cohabitants,
and invited guests such that a firearm is likely to be displayed or discharged
other than in lawful self-defense; and shall consider the likelihood an
applicant would bring the firearm outside of the home to engage in violence or
to carry unlawfully in public. If an
application under this section is denied, a person aggrieved by the denial shall
be entitled to a hearing before the chief of police of the appropriate county
or a designee of the chief of police. A
person aggrieved by the denial shall submit a request for a hearing in writing
to the chief of police of the appropriate county no later than thirty days
following the date of the decision or determination notice. The hearing shall constitute a contested case
hearing for purposes of chapter 91.
Following the hearing, an aggrieved party shall be entitled to an appeal
before the chief of police of the appropriate county or a designee of the chief
of police."
SECTION 5. Section 134-5, Hawaii Revised Statutes, is amended to read as follows:
"§134-5 Possession by licensed hunters and minors; target shooting; game hunting. (a) Any person of the age of sixteen years, or over or any person under the age of sixteen years while accompanied by an adult, may carry and use any lawfully acquired rifle or shotgun and suitable ammunition while actually engaged in hunting or target shooting or while going to and from the place of hunting or target shooting; provided that the person has procured a hunting license under chapter 183D, part II. A hunting license shall not be required for persons engaged in target shooting.
(b) A permit shall not be required when any lawfully acquired firearm is lent to a person, including a minor, upon a target range or similar facility for purposes of target shooting; provided that the period of the loan does not exceed the time in which the person actually engages in target shooting upon the premises.
(c) A person may carry unconcealed and use a
lawfully acquired pistol or revolver while actually engaged in hunting game
mammals, if that pistol or revolver and its suitable ammunition are acceptable
for hunting by rules adopted pursuant to section 183D-3 and if that person is
licensed pursuant to part II of chapter 183D.
The pistol or revolver may be transported in an enclosed container[,
as defined in section 134-25] in the course of going to and from the place
of the hunt, notwithstanding section 134-26.
(d) For purposes of this section, "enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm."
SECTION 6. Section 134-7, Hawaii Revised Statutes, is amended to read as follows:
"§134-7
Ownership [or], possession, or control
prohibited, when; penalty. (a) No person who is a fugitive from justice or
is a person prohibited from possessing [firearms] a firearm or
ammunition under title 18 United States Code section 922 or any other
provision of federal law shall own, possess, or control any firearm or ammunition
therefor.
(b) No person who [is under indictment for, or
has waived indictment for, or has been bound over to the circuit court for,]
has one or more pending charges for a felony, a crime of violence, or an
illegal sale or distribution of any drug in a court in this State or elsewhere,
or who has been convicted in this State or elsewhere of having committed
a felony, [or any] a crime of violence, or an illegal sale or
distribution of any drug shall own, possess, or control any firearm or
ammunition therefor.
(c) No person [who:] shall own,
possess, or control any firearm or ammunition if:
(1) [Is] The person is or has
been under treatment or counseling for addiction to, abuse of, or dependence
upon any dangerous, harmful, or detrimental drug, intoxicating compound as
defined in section 712-1240, or intoxicating liquor;
(2) [Has] The person has been
acquitted of a crime on the grounds of mental disease, disorder, or defect
pursuant to section 704-411[;] or any similar provision under federal
law, or the law of another state, a United States territory, or the District of
Columbia;
(3) [Is] The person is or has
been diagnosed [as having a significant behavioral, emotional, or mental
disorders as defined by the most current diagnostic manual of the American
Psychiatric Association or for treatment for organic brain syndromes;] with
or treated for a medical, behavioral, psychological, emotional, or mental
condition or disorder that causes or is likely to cause impairment in judgment,
perception, or impulse control to an extent that presents an unreasonable risk
to public health, safety, or welfare if the person were in possession or
control of a firearm or ammunition; or
(4) The person has been adjudged to be
an "incapacitated person" within the meaning of section 560:5-102 or
has been adjudged to meet the criteria for involuntary hospitalization under
section 334-60.2,
[shall own,
possess, or control any firearm or ammunition therefor,] unless the person [has
been medically documented to be] establishes, with appropriate medical
documentation, that the person is no longer adversely affected by the [addiction,
abuse, dependence, mental disease, disorder, or defect.] criteria or
statuses identified in this subsection.
(d) No person who is less than twenty-five years
old and has been adjudicated by the family court to have committed a felony, [two
or more crimes] a crime of violence, or an illegal sale or
distribution of any drug shall own, possess or control any firearm or
ammunition therefor.
(e) No minor [who:] shall own, possess,
or control any firearm or ammunition if the minor:
(1) Is or has been under treatment for addiction to any dangerous, harmful, or detrimental drug, intoxicating compound as defined in section 712-1240, or intoxicating liquor;
(2) Is a fugitive from justice; or
(3) Has been determined not to have been responsible for a criminal act or has been committed to any institution on account of a mental disease, disorder, or defect;
[shall
own, possess, or control any firearm or ammunition therefor,] unless the
minor [has been medically documented to be] establishes, with
appropriate medical documentation, that the minor is no longer adversely
affected by the addiction, mental disease, disorder, or defect.
For the purposes of enforcing this section, and notwithstanding section 571-84 or any other law to the contrary, any agency within the State shall make its records relating to family court adjudications available to law enforcement officials.
(f) No person who has been restrained pursuant to an order of any court, including a gun violence protective order issued pursuant to part IV, from contacting, threatening, or physically abusing any person, shall possess, control, or transfer ownership of any firearm or ammunition therefor, so long as the protective order, restraining order, or any extension is in effect, unless the order, for good cause shown, specifically permits the possession of a firearm and ammunition. The protective order or restraining order shall specifically include a statement that possession, control, or transfer of ownership of a firearm or ammunition by the person named in the order is prohibited. The person shall relinquish possession and control of any firearm and ammunition owned by that person to the police department of the appropriate county for safekeeping for the duration of the order or extension thereof. At the time of service of a protective order or restraining order involving firearms and ammunition issued by any court, a police officer may take custody of any and all firearms and ammunition in plain sight, those discovered pursuant to a consensual search, and those firearms surrendered by the person restrained. If the person restrained is the registered owner of a firearm and knows the location of the firearm, but refuses to surrender the firearm or refuses to disclose the location of the firearm, the person restrained shall be guilty of a misdemeanor. In any case, when a police officer is unable to locate the firearms and ammunition either registered under this chapter or known to the person granted protection by the court, the police officer shall apply to the court for a search warrant pursuant to chapter 803 for the limited purpose of seizing the firearm and ammunition.
For the purposes of this subsection, good cause shall not be based solely upon the consideration that the person subject to restraint pursuant to an order of any court is required to possess or carry firearms or ammunition during the course of the person's employment. Good cause consideration may include but not be limited to the protection and safety of the person to whom a restraining order is granted.
(g) Any person disqualified from ownership, possession, control, or the right to transfer ownership of firearms and ammunition under this section shall surrender or dispose of all firearms and ammunition in compliance with section 134-7.3.
(h) Any person who otherwise would be prohibited under subsection (b)
from owning, possessing, or controlling a firearm and ammunition solely as a
result of a conviction for a crime that is not a felony, and who is not
prohibited from owning, possessing, or controlling a firearm or ammunition
under any other provision of this chapter or under title 18 United States Code
section 922 or another provision of federal law, shall not be prohibited under
this section from owning, possessing, or controlling a firearm and ammunition
if twenty years have elapsed from the date of the conviction.
[(h)]
(i) Any person violating
subsection (a) or (b) shall be guilty of a class C felony; provided that any
felon violating subsection (b) shall be guilty of a class B felony. Any person violating subsection (c), (d),
(e), (f), or (g) shall be guilty of a misdemeanor."
SECTION 7. 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] shall 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] resident of the State 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[.] upon determination
by the chief of police that the applicant meets all the requirements set forth
in this section. 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, a United States national, or a lawful permanent resident 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] pistol or revolver on the person shall:
(1) Be qualified to use the firearm in a safe
manner[;]. To prove an
applicant is qualified, applicants shall be required to provide proof of a
firearm certification program that satisfies the requirements of section
134-2(g)(2) through (4) no earlier than ninety days prior to submitting an
application for an initial license to carry a concealed pistol or revolver on
the person, and at intervals to be determined by the chief of police for
applications to renew a license to carry a concealed pistol or revolver on the
person. An eligible firearm
certification program shall include:
(A) In-person instruction and a written test covering the topics of relevant gun laws, including secure storage practices and location restrictions, use of force and de-escalation, and the risks to self and others of owning firearms; and
(B) Live-fire instruction and
demonstration of safe handling of, and shooting proficiency with, each firearm
the applicant is applying to be licensed to carry;
(2) [Appear to be] Be a suitable
person to [be so licensed;] carry a concealed pistol or revolver in
public. In determining whether the
person is a suitable person to carry a concealed pistol or revolver in public,
the chief of police shall make the required inquiry and investigation set forth
in section 134-2(e) and shall also consider the additional risks associated
with public carry of a firearm, such as failure to consistently
secure a firearm outside the home and protect it from theft or unauthorized
access, especially in densely populated settings; conduct or statements,
including verbal threats involving a firearm or displaying a firearm, that
would have the tendency to threaten or terrorize members of the public; the
initiation or escalation of conflicts with others such that a firearm is likely
to be displayed or discharged other than in lawful self-defense during
interactions in public; and unintentional or reckless discharge of a firearm in
public. The attorney general may issue
rules or publish guidance regarding the types of conduct that the chief of
police may consider when deciding whether the applicant is a suitable person to
carry a concealed pistol or revolver in public;
(3) Not be prohibited under section 134-7 from the
ownership or possession of a firearm; [and]
(4) Not have one or more pending charges for a
felony, a crime of violence, or an illegal sale or distribution of any drug in
a court in the State or elsewhere, or have been convicted in the State or
elsewhere of having committed in the previous ten years:
(A) Operating a vehicle under the influence of an intoxicant under section 291E-61;
(B) Criminally negligent storage of a firearm under section 707-714.5; or
(C) A firearm offense punishable as a misdemeanor under this chapter; and
[(4)] (5)
Not have been adjudged insane or not appear to be mentally deranged. Being a person who does "not appear
to be mentally deranged" means that the applicant does not exhibit
specific and articulable indicia that would objectively indicate to a
reasonable observer that the applicant is not capable of being a reasonable and
law-abiding user of firearms. Such
specific and articulable indicia may include but are not limited to suicidal
ideations; homicidal ideations; or potential dangerousness, including a violent
animus towards one or more groups based on race, color, national origin,
ancestry, sex, gender identity, gender expression, sexual orientation, age,
disability, religion, or other characteristic, such that a reasonable person
would conclude that the applicant harbored an intention to use a firearm in
public to attack or threaten others, rather than for self defense.
(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) The application for license to carry a
concealed firearm shall be in the form prescribed by the chief of police of
each county and shall include, at a minimum the following features:
(1) The applicant's name; address; sex;
height; weight; date of birth; place of birth; country of citizenship; social
security number; alien or admission number; any aliases or other names
previously used by the applicant; physical description, including any
distinguishing physical characteristics of the applicant; current employer; and
identifying information for the firearm for which the license is sought;
(2) The text of state laws pertaining to
firearm storage in sections 134-10.5, 134-25, and 707-714.5, the text of the
locations where firearms are prohibited set forth in section 134-A, the text of section 134-D, and space
for an applicant's signature confirming the applicants acknowledgement and
understanding of those laws;
(3) A certification of whether the applicant has been confined or committed
to a mental institution or hospital for treatment or observation of a mental or
psychiatric condition on a temporary, interim, or permanent basis, or
experienced any mental health condition that could impact risk to public
safety, including but not limited to conditions involving suicidal ideations,
homicidal ideations, or violent impulses;
(4) Contact information for not less than four reputable persons who are not
related by blood or law to the applicant and have known the applicant for at
least three years preceding the application date who will serve as personal
references for the applicant's license application and who have sufficient
knowledge of whether the applicant is a suitable person to carry a concealed
pistol or revolver in public, as set forth in subsection (b)(2). The applicant shall also provide names and
contact information for the applicant's current spouse, domestic partner, or
significant other, if any, and any other adults residing in the applicant's
home, including adult children;
(5) The applicant shall complete an authorization for release of mental
health records, including psychiatric, behavioral health, and substance abuse
information. The applicant shall also
complete any forms required by the applicant's health care provider or relevant
government entity for release of mental health information; and
(6) Any other information the county chief of police, or a designated member
of the chief of police's staff, may require from the applicant or any other
person as the chief of police reasonably deems necessary to conduct the review
of the application, including but not limited to publicly available statements
posted or published online by the applicant.
The
chief of police in the applicant's county, or a designated member of the chief
of police's staff, shall conduct an in-person interview with the applicant and
an in-person videoconference, or telephonic interview with individuals
identified by the applicant as personal references, and shall make inquiry
concerning, and investigate to the extent warranted, whether the applicant
meets the qualifications and standards set forth in subsection (b). Individuals whose contact information is
provided on the application form may be contacted by the county chief of
police, or a designated member of the chief of police's staff, during this
inquiry and investigation. The county
chief of police, or a designated member of the chief of police's staff, shall
also contact local law enforcement where the applicant resides and works, and any
place where the applicant has resided in the previous ten years, if the
applicant currently or within the previous ten years has resided or worked in a
county other than the one in which a license is being sought.
[(d)]
(e) 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.
(f) If an application under this section is denied, a person aggrieved by the denial shall be entitled to a hearing before the chief of police of the appropriate county or a designee of the chief of police. A person aggrieved by the denial shall submit a request for a hearing in writing to the chief of police of the appropriate county no later than thirty days following the date of the decision or determination notice. The hearing shall constitute a contested case hearing for purposes of chapter 91. Following the hearing and final decision, an aggrieved party shall be entitled to an appeal before the chief of police of the appropriate county or a designee of the chief of police. In all cases where a permit application under this section is denied because an applicant is prohibited from owning, possessing, receiving, or controlling firearms under federal or state law, the chief of police of the applicable county shall send written notice as described in section 134-2(j)."
SECTION 8. Section 134-13, Hawaii Revised Statutes, is amended to read as follows:
"§134-13
Revocation of permits. (a) All permits and licenses provided for under
this part may be revoked[, for good cause,] by the issuing authority or
by the judge of any court[.] if, at any time, the licensee or permit
holder no longer meets the qualifications or requirements of the applicable
permit or license section under which their permit or license was granted. Licenses to carry concealed firearms shall be
revoked if, at any time, either the issuing authority determines or is notified
by the judge of any court or a law enforcement agency of any of the following:
(1) A licensee is prohibited by state or federal law from owning or purchasing a firearm;
(2) A licensee becomes ineligible to obtain a license under section 134-9(b);
(3) Any information provided by a licensee in connection with an application for a new license or license renewal is inaccurate or incomplete;
(4) A licensee is no longer a suitable person to hold a license under section 134-9(b)(2); or
(5) A licensee engages in any conduct that would have resulted in the denial of a license.
(b) If the issuing authority determines that a permit or license is subject to revocation, it shall notify the permit or license holder of the determination in writing, stating the grounds for the determination and informing the permit or license holder of the right to seek a hearing before the issuing authority regarding the determination prior to revocation. Unless the permit or license holder submits a request for a hearing in writing to the issuing authority no later than thirty days following the date of the written notice that the permit or license is subject to revocation, the permit or license shall be immediately revoked by the issuing authority. Any hearing regarding a determination that a permit or license is subject to revocation shall constitute a contested case hearing for purposes of chapter 91. A person aggrieved by a revocation under this section may appeal to the chief of police of the appropriate county or a designee of the chief of police. If the license or permit is revoked because the licensee or permit holder is prohibited from possessing firearms under section 134‑7 or part IV of this chapter, then section 134-7.3 shall govern the process for voluntary surrender and seizure."
SECTION 9. Section 134-18, Hawaii Revised Statutes, is amended to read as follows:
"§134-18 Qualified
immunity for physicians, psychologists, [or] psychiatrists, physician
assistants, or advanced practice registered nurses who provide information
on permit or license applicants. There shall be no civil liability for any
physician, psychologist, [or] psychiatrist, physician assistant, or
advanced practiced registered nurse who provides information or renders an
opinion in response to an inquiry made for purposes of issuing a firearm permit
under section 134-2, issuing or renewing a license under section 134-9,
or [for purposes of] investigating the continuing mental health of the
holder of a valid firearm permit or license; provided that the
physician, psychologist, [or] psychiatrist, physician assistant, or
advanced practiced registered nurse acted without malice."
SECTION 10. Section 134-25, Hawaii Revised Statutes, is amended to read as follows:
"[[]§134-25[]]
Place to keep pistol or revolver; penalty. (a)
Except as provided in sections 134-5 and 134-9, all firearms shall be
confined to the possessor's place of business, residence, or sojourn; provided
that it shall be lawful to carry unloaded firearms in [an enclosed] a
locked container from the place of purchase to the purchaser's place of
business, residence, or sojourn, or between these places upon change of place
of business, residence, or sojourn, or between these places and the following:
(1) A place of repair;
(2) A target range;
(3) A licensed dealer's place of business;
(4) An organized, scheduled firearms show or exhibit;
(5) A place of formal hunter or firearm use training or instruction; or
(6) A police station.
["Enclosed
container" means a rigidly constructed receptacle, or a commercially
manufactured gun case, or the equivalent thereof that completely encloses the
firearm.]
[(b)]
(c) Any person violating [this
section] subsection (a) by carrying or possessing a loaded or
unloaded pistol or revolver shall be guilty of a class B felony.
(d) Any person who intentionally, knowingly, or recklessly violates subsection (b) shall be guilty of a misdemeanor, and shall also be subject to revocation of their license to carry a firearm under section 134-13 and disqualified from renewing their license to carry a firearm issued under section 134-9.
(e) For the purposes of this section, a vehicle is unattended when a person who is lawfully carrying or transporting a firearm in a vehicle is not within close enough proximity to the vehicle to reasonably prevent unauthorized access to the vehicle or its contents."
SECTION 11. Section 846-2.7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Criminal history
record checks may be conducted by:
(1) The department of health or its designee on operators of adult foster homes for individuals with developmental disabilities or developmental disabilities domiciliary homes and their employees, as provided by section 321-15.2;
(2) The department of health or its designee on prospective employees, persons seeking to serve as providers, or subcontractors in positions that place them in direct contact with clients when providing non-witnessed direct mental health or health care services as provided by section 321-171.5;
(3) The department of health or its designee on all applicants for licensure or certification for, operators for, prospective employees, adult volunteers, and all adults, except adults in care, at healthcare facilities as defined in section 321-15.2;
(4) The department of education on employees, prospective employees, and teacher trainees in any public school in positions that necessitate close proximity to children as provided by section 302A-601.5;
(5) The counties on employees and prospective employees who may be in positions that place them in close proximity to children in recreation or child care programs and services;
(6) The county liquor commissions on applicants for liquor licenses as provided by section 281-53.5;
(7) The county liquor commissions on employees and prospective employees involved in liquor administration, law enforcement, and liquor control investigations;
(8) The department of human services on operators and employees of child caring institutions, child placing organizations, and foster boarding homes as provided by section 346-17;
(9) The department of human services on prospective adoptive parents as established under section 346‑19.7;
(10) The department of human services or its designee on applicants to operate child care facilities, household members of the applicant, prospective employees of the applicant, and new employees and household members of the provider after registration or licensure as provided by section 346-154, and persons subject to section 346-152.5;
(11) The department of human services on persons exempt pursuant to section 346-152 to be eligible to provide child care and receive child care subsidies as provided by section 346-152.5;
(12) The department of health on operators and employees of home and community-based case management agencies and operators and other adults, except for adults in care, residing in community care foster family homes as provided by section 321-15.2;
(13) The department of human services on staff members of the Hawaii youth correctional facility as provided by section 352-5.5;
(14) The department of human services on employees, prospective employees, and volunteers of contracted providers and subcontractors in positions that place them in close proximity to youth when providing services on behalf of the office or the Hawaii youth correctional facility as provided by section 352D-4.3;
(15) The judiciary on employees and applicants at detention and shelter facilities as provided by section 571-34;
(16) The department of public safety on employees and prospective employees who are directly involved with the treatment and care of persons committed to a correctional facility or who possess police powers including the power of arrest as provided by section 353C-5;
(17) The board of private detectives and guards on applicants for private detective or private guard licensure as provided by section 463-9;
(18) Private schools and designated organizations on employees and prospective employees who may be in positions that necessitate close proximity to children; provided that private schools and designated organizations receive only indications of the states from which the national criminal history record information was provided pursuant to section 302C-1;
(19) The public library system on employees and prospective employees whose positions place them in close proximity to children as provided by section 302A‑601.5;
(20) The State or any of its branches, political subdivisions, or agencies on applicants and employees holding a position that has the same type of contact with children, vulnerable adults, or persons committed to a correctional facility as other public employees who hold positions that are authorized by law to require criminal history record checks as a condition of employment as provided by section 78-2.7;
(21) The department of health on licensed adult day care center operators, employees, new employees, subcontracted service providers and their employees, and adult volunteers as provided by section 321-15.2;
(22) The department of human services on purchase of service contracted and subcontracted service providers and their employees serving clients of the adult protective and community services branch, as provided by section 346-97;
(23) The department of human services on foster grandparent program, senior companion program, and respite companion program participants as provided by section 346-97;
(24) The department of human services on contracted and subcontracted service providers and their current and prospective employees that provide home and community-based services under section 1915(c) of the Social Security Act, title 42 United States Code section 1396n(c), or under any other applicable section or sections of the Social Security Act for the purposes of providing home and community-based services, as provided by section 346-97;
(25) The department of commerce and consumer affairs on proposed directors and executive officers of a bank, savings bank, savings and loan association, trust company, and depository financial services loan company as provided by section 412:3-201;
(26) The department of commerce and consumer affairs on proposed directors and executive officers of a nondepository financial services loan company as provided by section 412:3-301;
(27) The department of commerce and consumer affairs on the original chartering applicants and proposed executive officers of a credit union as provided by section 412:10-103;
(28) The department of commerce and consumer affairs on:
(A) Each principal of every non-corporate applicant for a money transmitter license;
(B) Each person who upon approval of an application by a corporate applicant for a money transmitter license will be a principal of the licensee; and
(C) Each person who upon approval of an application requesting approval of a proposed change in control of licensee will be a principal of the licensee,
as provided by sections 489D-9 and 489D-15;
(29) The department of commerce and consumer affairs on applicants for licensure and persons licensed under title 24;
(30) The Hawaii health systems corporation on:
(A) Employees;
(B) Applicants seeking employment;
(C) Current or prospective members of the corporation board or regional system board; or
(D) Current or prospective volunteers, providers, or contractors,
in any of the corporationꞌs health facilities as provided by section 323F-5.5;
(31) The department of commerce and consumer affairs on:
(A) An applicant for a mortgage loan originator license, or license renewal; and
(B) Each control person, executive officer, director, general partner, and managing member of an applicant for a mortgage loan originator company license or license renewal,
as provided by chapter 454F;
(32) The state public charter school commission or public charter schools on employees, teacher trainees, prospective employees, and prospective teacher trainees in any public charter school for any position that places them in close proximity to children, as provided in section 302D-33;
(33) The counties on prospective employees who work with children, vulnerable adults, or senior citizens in community-based programs;
(34) The counties on prospective employees for fire department positions that involve contact with children or vulnerable adults;
(35) The counties on prospective employees for emergency medical services positions that involve contact with children or vulnerable adults;
(36) The counties on prospective employees for emergency management positions and community volunteers whose responsibilities involve planning and executing homeland security measures including viewing, handling, and engaging in law enforcement or classified meetings and assisting vulnerable citizens during emergencies or crises;
(37) The State and counties on employees, prospective employees, volunteers, and contractors whose position responsibilities require unescorted access to secured areas and equipment related to a traffic management center;
(38) The State and counties on employees and prospective employees whose positions involve the handling or use of firearms for other than law enforcement purposes;
(39) The State and counties on current and prospective systems analysts and others involved in an agencyꞌs information technology operation whose position responsibilities provide them with access to proprietary, confidential, or sensitive information;
(40) The department of commerce and consumer affairs on:
(A) Applicants for real estate appraiser licensure or certification as provided by chapter 466K;
(B) Each person who owns more than ten per cent of an appraisal management company who is applying for registration as an appraisal management company, as provided by section 466L-7; and
(C) Each of the controlling persons of an applicant for registration as an appraisal management company, as provided by section 466L-7;
(41) The department of health or its designee on all license applicants, licensees, employees, contractors, and prospective employees of medical cannabis dispensaries, and individuals permitted to enter and remain in medical cannabis dispensary facilities as provided under sections 329D-15(a)(4) and 329D‑16(a)(3);
(42) The department of commerce and consumer affairs on applicants for nurse licensure or license renewal, reactivation, or restoration as provided by sections 457-7, 457-8, 457-8.5, and 457-9;
(43) The
county police departments on applicants for permits to acquire firearms
pursuant to section 134-2 [and], on individuals registering their
firearms pursuant to section 134-3[;], and on applicants for new or
renewed licenses to carry a pistol or revolver and ammunition pursuant to
section 134-9;
(44) The department of commerce and consumer affairs on:
(A) Each of the controlling persons of the applicant for licensure as an escrow depository, and each of the officers, directors, and principals who will be in charge of the escrow depositoryꞌs activities upon licensure; and
(B) Each of the controlling persons of an applicant for proposed change in control of an escrow depository licensee, and each of the officers, directors, and principals who will be in charge of the licenseeꞌs activities upon approval of the application,
as provided by chapter 449;
(45) The department of taxation on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 231-1.6;
(46) The department of labor and industrial relations on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 383-110;
(47) The department of human services on current or prospective employees or contractors who have access to federal tax information in order to comply with requirements of federal law, regulation, or procedure, as provided by section 346-2.5;
(48) The child support enforcement agency on current or prospective employees or contractors who have access to federal tax information in order to comply with federal law, regulation, or procedure, as provided by section 576D-11.5;
(49) The department of the attorney general on current or prospective employees or employees or agents of contractors who have access to federal tax information to comply with requirements of federal law, regulation, or procedure, as provided by section 28‑17;
[[](50)[]]The department of
commerce and consumer affairs on each control person, executive officer,
director, general partner, and managing member of an installment loan licensee,
or an applicant for an installment loan license, as provided in chapter 480J;
[[](51)[]]The University of
Hawaii on current and prospective employees and contractors whose duties
include ensuring the security of campus facilities and persons; and
[[](52)[]]Any other
organization, entity, or the State, its branches, political subdivisions, or
agencies as may be authorized by state law."
SECTION 12. All provisions in sections 134-2 and 134-9 that state that a permit or license "shall" be granted shall be construed as discretionary, rather than mandatory, in the event the attorney general certifies that the United States Supreme Court has overruled the holding of New York State Rifle & Pistol Association, Inc. v. Bruen, 142 S.Ct. 2111 (2022).
SECTION 13. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 14. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 15. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 16. This Act shall take effect on January 1,
2050; provided that the amendments made to section 846-2.7(b), Hawaii Revised
Statutes, by section 10 of this Act shall not be repealed when that section is
repealed and reenacted pursuant to Act 278, Session Laws of Hawaii 2022.
Report Title:
Firearms; Concealed Carry; License to Carry; Sensitive Locations; Attorney General; Police; Insurance; Report
Description:
Prohibits issuing authorities from issuing permits to acquire the ownership of a firearm to any person where the issuance would not be in the interest of the public health, safety, or welfare because the person is found to be lacking the essential character or temperament necessary to be entrusted with a firearm. Requires issuing authorities to consider the risks associated with firearms in the home and consider the likelihood an applicant would bring the firearm outside of the home to engage in violence or carry unlawfully in public. Increases requirements for applicants seeking a license to carry a firearm. Sets minimum requirements for applications for a license to carry a concealed firearm. Establishes the crime of carrying a firearm in sensitive locations. Defines sensitive location. Requires licenses to carry concealed firearms be revoked if certain conditions are met. Requires the Attorney General to publish an annual report on licenses to carry firearms. Requires firearms be kept in a locked container and out of plain view when in an unattended vehicle. Defines locked container and makes conforming amendments. Amends the definition of "crime of violence" to include additional crimes. Requires a person carrying a firearm in public pursuant to a license to maintain insurance coverage. Establishes a duty to maintain possession of a license while carrying a firearm. Establishes a duty to disclose that a person is carrying a firearm when stopped by a law enforcement officer. Establishes an appeals process for the denial or revocation of an application for a permit to acquire the ownership of a firearm or to carry a concealed firearm. Allows county police departments to conduct criminal history record checks for licenses to carry a firearm. Provides qualified immunity for physician assistants and advanced practice registered nurses who provide information on permit applicants. Establishes penalties for violations. Takes effect 1/1/2050. (SD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
