Bill Text: HI SB301 | 2021 | Regular Session | Introduced
Bill Title: Relating To Firearms.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2021-03-11 - Referred to JHA, referral sheet 22 [SB301 Detail]
Download: Hawaii-2021-SB301-Introduced.html
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THE SENATE |
S.B. NO. |
301 |
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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 State has some of the strongest
gun safety laws in the nation, and in 2016 Hawai‘i
received an A-minus rating from the Giffords Law Center to Prevent Gun
Violence. Additionally, Hawai‘i had the lowest number of gun deaths per capita among the
states in 2017, according to the Centers for Disease Control and Prevention. The legislature is committed to protecting
the safety and well‑being of its citizens. The fact that Hawai‘i is the only state with an assault weapons ban that fails to
ban assault rifles and assault shotguns is inconsistent with this commitment.
The purpose of this Act is to:
(1) Amend the prohibition of certain assault weapons to include assault rifles, assault shotguns, and shotguns with a revolving cylinder;
(2) Expand the ban on pistols with a detachable magazine with over ten round capacity to any firearm with a detachable magazine with over ten round capacity;
(3) Prohibit anyone from bringing or causing to be brought into the State an assault rifle or assault shotgun; and
(4) Prohibit the sale or transfer of an assault rifle or assault shotgun, unless sold or transferred to an authorized individual.
SECTION 2. Section 134-1, Hawaii Revised Statutes, is amended by adding two new definition to be appropriately inserted and to read as follows:
""Assault
rifle" means a semiautomatic rifle that accepts a detachable magazine and
has one or more of the following characteristics:
(1) A centerfire
rifle with an overall length less than thirty inches;
(2) A folding or
telescoping stock;
(3) A thumbhole
stock;
(4) A second
handgrip or protruding grip that can be held by the non-trigger hand;
(5) A flash suppressor;
(6) A shroud that
is attached to or partially or completely encircles the barrel and permits the
shooter to hold the firearm with the second hand without being burned;
(7) A bayonet
mount;
(8) A grenade
launcher; or
(9) A threaded
barrel capable of accepting a barrel extender, flash suppressor, forward hand
grip, or silencer.
"Assault shotgun" means
a semiautomatic shotgun that has one or more of the following characteristics:
(1) Accepts a
detachable magazine; or
(2) Has a revolving cylinder."
SECTION 3. Section 134-4, Hawaii Revised Statutes, is amended to read as follows:
"§134-4 Transfer, possession of firearms.
(a) No transfer of any rifle
having a barrel length of sixteen inches or over or any shotgun having a barrel
length of eighteen inches or over, whether usable or unusable, serviceable or
unserviceable, modern or antique, registered under prior law or by a prior
owner, or unregistered shall be made to any person under the age of eighteen
years, except as provided by section 134-5.
(b)
No person shall possess any firearm that is owned by another, regardless
of whether the owner has consented to possession of the firearm, without a
permit from the chief of police of the appropriate county, except as provided
in subsection (c) and section 134-5.
(c)
Any lawfully acquired rifle or shotgun may be lent to an adult for use
within the State for a period not to exceed fifteen days without a permit;
provided that where the rifle or shotgun is to be used outside of the State,
the loan may be for a period not to exceed seventy-five days.
(d)
No person shall knowingly lend a firearm to any person who is prohibited
from ownership or possession of a firearm under section 134-7.
(e)
After July 1, 1992, no person shall bring or cause to be brought
into the State an assault pistol. No
assault pistol may be sold or transferred on or after July 1, 1992, to
anyone within the State other than to a dealer licensed under section 134-32 or
the chief of police of any county except that any person who obtains title by
bequest or intestate succession to an assault pistol registered within the
State shall, within ninety days, render the weapon permanently inoperable, sell
or transfer the weapon to a licensed dealer or the chief of police of any
county, or remove the weapon from the State.
(f) After July 8, 2021, no person shall bring or cause
to be brought into the State an assault rifle or assault shotgun. No assault rifle or assault shotgun shall be sold
or transferred on or after July 8, 2021, to anyone within the State, other than
to a dealer licensed under section 134-32 or the chief of police of any county;
provided that any person who obtains title by bequest or intestate succession to
an assault rifle or assault shotgun registered within the State shall, within ninety
days, render the weapon permanently inoperable, sell or transfer the weapon to a
licensed dealer or the chief of police of any county, or remove the weapon from
the State."
SECTION 4. Section 134-8, Hawaii Revised Statutes, is amended to read as follows:
1. By amending subsection (a) to read:
"(a)
The manufacture, possession, sale, barter, trade, gift, transfer, or
acquisition of any of the following is prohibited: assault pistols, except as provided by section
134‑4(e); assault rifles, except as provided by section 134-32(f); assault
shotguns, except as provided by section 134-32(f); automatic firearms;
rifles with barrel lengths less than sixteen inches; shotguns with barrel
lengths less than eighteen inches; shotguns with a revolving cylinder; cannons;
mufflers, silencers, or devices for deadening or muffling the sound of
discharged firearms; hand grenades, dynamite, blasting caps, bombs, or
bombshells, or other explosives; or any type of ammunition or any projectile
component thereof coated with teflon or any other similar coating designed
primarily to enhance its capability to penetrate metal or pierce protective
armor; and any type of ammunition or any projectile component thereof designed
or intended to explode or segment upon impact with its target."
2. By
amending subsection (c) to read:
"(c)
The manufacture, possession, sale, barter, trade, gift, transfer, or
acquisition of detachable ammunition magazines with a capacity in excess of ten
rounds [which] that are designed for or capable of use with [a
pistol] any firearm is prohibited.
This subsection shall not apply to magazines originally designed to
accept more than ten rounds of ammunition which have been modified to accept no
more than ten rounds and which are not capable of being readily restored to a
capacity of more than ten rounds."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Firearms; Assault Weapons Ban; Assault Pistols; Detachable Magazines
Description:
Defines "assault rifle" and "assault shotgun". Expands the ban on pistols with a detachable magazine with over ten round capacity to any firearm with a detachable magazine with over ten round capacity. Prohibits anyone from bringing or causing to be brought into the State an assault rifle or assault shotgun. Prohibits the sale or transfer of any assault rifle or assault shotgun in the State, unless sold or transferred to an authorized person.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
