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THE SENATE |
S.B. NO. |
2954 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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 1. The legislature finds that accurate firearm registration records and the sharing of firearm registration records between the counties are critical to ensure the safety of the community. Accordingly, the purpose of this Act is to:
(1) Require, for a person who brings a firearm into the State or causes a firearm to be brought into the State and who must register the firearm within five days, a police department to perform an inquiry on the person using various systems before making a determination to register the firearm; and
(2) Allow the Hawaii criminal justice data center to view firearm registration data as part of a firearm registration information sharing initiative among the county police departments.
SECTION 2. Section 134-3, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) Every person arriving in the State who brings or by any other manner causes to be brought into the State a firearm of any description, whether usable or unusable, serviceable or unserviceable, modern or antique, shall register the firearm within five days after arrival of the person or of the firearm, whichever arrives later, with the chief of police of the county of the person's place of business or, if there is no place of business, the person's residence or, if there is neither a place of business nor residence, the person's place of sojourn. A nonresident alien may bring firearms not otherwise prohibited by law into the State for a continuous period not to exceed ninety days; provided that the person meets the registration requirement of this section and the person possesses:
(1) A valid Hawaii hunting license procured under chapter 183D, part II, or a commercial or private shooting preserve permit issued pursuant to section 183D-34;
(2) A written document indicating the person has been invited to the State to shoot on private land; or
(3) Written notification from a firing range or target shooting business indicating that the person will actually engage in target shooting.
The nonresident alien shall be limited to a nontransferable registration of not more than ten firearms for the purpose of the above activities.
Every person registering a firearm under this
subsection shall be fingerprinted and photographed by the police department of
the county of registration; provided that this requirement shall be waived
where fingerprints and photographs are already on file with the police
department. The police department shall perform an inquiry on the [person
by using the National Instant Criminal Background Check System] applicant
using the Criminal Justice Information System and the National Law Enforcement
Telecommunications System, including the Immigration and Naturalization Service
query therein, National Crime Information Center, National Instant Criminal
Background Check System, and pursuant to section 846-2.7 before any
determination to register a firearm is made.
(b) Every person who acquires a firearm
pursuant to section 134-2 shall register the firearm in the manner prescribed
by this section within five days of acquisition. The registration shall be on
forms prescribed by the attorney general, which shall be uniform throughout the
State, and shall include the following information: name of the manufacturer
and importer; model; type of action; caliber or gauge; serial number; and
source from which receipt was obtained, including the name and address of the
prior registrant. If the firearm has no serial number, the permit number shall
be entered in the space provided for the serial number, and the permit number shall
be engraved upon the receiver portion of the firearm prior to registration.
All registration data that would identify the individual registering the
firearm by name or address shall be confidential and shall not be disclosed to
anyone, except as may be required [for]:
(1) For processing the registration [or
as may be required by];
(2) For database management by the Hawaii criminal justice data center;
(3) By a law enforcement agency for the
lawful performance of its duties; or [as may be required by]
(4) By order of a court."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on January 7, 2059.
Report Title:
Firearms; Registration; Hawaii Criminal Justice Data Center; Database Management
Description:
Authorizes the Hawaii criminal justice data center to access firearm registration data. Requires the county police departments to perform an inquiry on a firearm applicant who is bringing a firearm into the State, using the Criminal Justice Information System and the National Law Enforcement Telecommunications System, including the Immigration and Naturalization Service query therein, National Crime Information Center, National Instant Criminal Background Check System, and pursuant to section 846-2.7, HRS, before any determination to register a firearm is made. Effective January 7, 2059. (SD2)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.