Hawaii-2024-SB53-Introduced

SECTION 1. The legislature finds that registration requirements and background checks help prevent the proliferation of firearms to persons not permitted to possess one. The legislature also acknowledges that circumstances may arise where an individual once permitted to own firearms may no longer have that right. Currently, there is no mechanism for law enforcement to ensure that a person who already possesses firearms but has subsequently lost the right to own one properly disposes or dispossesses themselves of their firearms.

Accordingly, the purpose of this Act is to require those individuals who can no longer possess firearms and ammunition to provide a sworn statement to law enforcement stating that they no longer possess firearms and ammunition, and give law enforcement agencies a mechanism to remove firearms and ammunition in the case of noncompliance.

SECTION 2. Section 134-7, Hawaii Revised Statutes, is amended by amending subsections (f) and (g) to read as follows:

"(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 restrained 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] Prior to the service of a protective order or restraining order on a person who possesses or may possess a firearm or ammunition, or both, the chief of police shall search all applicable records to determine whether the person has been issued any permits to acquire or has registered any firearms, and at the time of service [~~of a protective order or restraining order involving firearms and ammunition issued by any court~~], a police officer [~~may~~] shall take custody of any and all firearms and ammunition in plain sight, those discovered pursuant to a consensual search, and those firearms [~~surrendered~~] relinquished 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~~] relinquish 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~~] firearms 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~~] the order is granted.

(g) Any person disqualified from ownership, possession, control, or the right to transfer ownership of firearms and ammunition under [~~this section~~] subsection (a), (b), (c), (d), or (e) shall [~~surrender or~~] dispose of all firearms and ammunition in compliance with section 134-7.3."

SECTION 3. Section 134-7.3, Hawaii Revised Statutes, is amended by amending subsections (a) through (d) to read as follows:

"(a) If any applicant is denied a permit, the chiefs of police of the respective counties shall send, by certified mail, a notice setting forth the reasons for the denial and [~~may~~] shall require that the applicant [~~voluntarily surrender all firearms and ammunition to the chief of police where the applicant resides or~~] dispose of all firearms and ammunition[.] and provide a sworn statement to the chief of police that the applicant has disposed of all firearms and ammunition in the applicant's possession. The chief of police shall search all applicable records to determine whether the applicant has been issued any permits to acquire or has registered any firearms. If [an] the applicant fails to [~~voluntarily surrender or~~] dispose of all firearms and ammunition within thirty days from the date notice was mailed, the chief of police [~~may~~] shall seize all firearms and ammunition[.] from the applicant and, as necessary, shall apply to the court for a search warrant pursuant to chapter 803 for the limited purpose of seizing the firearms and ammunition.

(b) Any person disqualified from ownership, possession, or control of firearms and ammunition under section [~~134-7~~] 134-7(a), (b), (c), (d), or (e) or part IV, within forty-eight hours of disqualification, shall [~~voluntarily surrender all firearms and ammunition to the chief of police where the person resides or~~] dispose of all firearms and ammunition[.] and provide a sworn statement to the chief of police that the person has disposed of all firearms and ammunition in the person's possession. The chief of police shall search all applicable records to determine whether the person has been issued any permits to acquire or has registered any firearms. If [~~any~~] the person fails to [~~voluntarily surrender or~~] dispose of all firearms and ammunition within forty-eight hours from the date of disqualification, the chief of police [~~may~~] shall seize all firearms and ammunition[.] and, as necessary, shall apply to the court for a search warrant pursuant to chapter 803 for the limited purpose of seizing the firearms and ammunition.

(c) For any person disqualified from ownership, possession, or control of firearms and ammunition under section 134-7(c), or because the person has been admitted to a psychiatric facility, whether for emergency or involuntary hospitalization, pursuant to part IV of chapter 334, once the chief of police is notified that the person is disqualified, the chief of police shall promptly issue a notice to the disqualified person to immediately [~~surrender~~] dispose of all firearms and ammunition[.] and provide a sworn statement to the chief of police that the person has disposed of all firearms and ammunition in the person's possession. The chief of police shall search all applicable records to determine whether the person has been issued any permits to acquire or has registered any firearms. The notice shall be in writing, shall set forth the reasons for the disqualification, and shall state the requirement that the person immediately [~~surrender~~] dispose of all firearms and ammunition to the chief of police. If [~~any~~] the person fails to [~~voluntarily surrender~~] dispose of all firearms and ammunition upon receiving notice, the chief of police [~~may~~] shall seize all firearms and ammunition[.] from the person and, as necessary, shall apply to the court for a search warrant pursuant to chapter 803 for the limited purpose of seizing the firearms and ammunition. The firearms and ammunition shall be held in police custody until the person has been medically documented to be no longer adversely affected as provided in section 134-7 or until transferred or sold by the owner. Nothing in this subsection shall be construed to limit the duties imposed by subsection (b).

(d) For the purposes of this section, "dispose" means selling the firearms to a gun dealer licensed under section 134‑31, transferring ownership of the firearms to any person who meets the requirements of section 134-2, or surrendering all firearms to the chief of police where the person resides for storage or disposal[~~; provided that, for a person subject to section 134-7(f) or part IV, "dispose" shall not include transferring ownership of the firearms to any person who meets the requirements of section 134-2~~]."

SECTION 4. Section 134-7.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any police officer who has reasonable grounds to believe that a person has recently assaulted or threatened to assault a family or household member [~~may~~] shall seize all firearms and ammunition that are in plain view of the officer or were discovered pursuant to a consensual search and that the police officer has reasonable grounds to believe were used or threatened to be used in the commission of the offense. [The police officer may seize any firearms or ammunition that are in plain view of the officer or were discovered pursuant to a consensual search, as necessary for the protection of the officer or any family or household member.] Firearms seized under this section shall be taken to the appropriate county police department for safekeeping or as evidence."

SECTION 5. Section 806-11, Hawaii Revised Statutes, is amended by amending subsection (a) through (c) to read as follows:

"(a) At the time of arraignment, the court shall order a defendant who is under indictment for, or who has waived indictment for, or who has been bound over to the circuit court for a felony, or any crime of violence, or an illegal sale of any drug, to dispose of all firearms and ammunition within the defendant's possession in a manner in compliance with the provisions of chapter 134 and shall inform the defendant of the provisions of section 134-7(b) and section 134-12.5. The defendant shall comply with an order issued pursuant to this section within forty-eight hours of the issuance of such order[.] and provide a sworn statement to the chief of police where the defendant resides that the defendant has disposed of all firearms and ammunition in the defendant's possession. A defendant's compliance with the forty-eight-hour requirement of this section shall not give rise to a prosecution for violations of sections 134-2, 134-3 or 134-4.

(b) The court shall immediately notify the chief of police of the county where the defendant resides that the defendant has been ordered to [~~voluntarily surrender all firearms and ammunition to the chief of police or~~] dispose of all firearms and ammunition within the defendant's possession. The chief of police shall search all applicable records to determine whether the defendant has been issued any permits to acquire or has registered any firearms.

(c) If the defendant fails to [~~voluntarily surrender all firearms and ammunition to the chief of police where the defendant resides or~~] dispose of the firearms and ammunition within forty-eight hours of the issuance of the order, the chief of police [~~may~~] shall seize all firearms and ammunition[.] and, as necessary, shall apply to the court for a search warrant pursuant to chapter 803 for the limited purpose of seizing the firearms and ammunition."

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	53
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII