THE SENATE

S.B. NO.

196

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to firearms.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 134-2, Hawaii Revised Statutes, is amended by amending subsection (i) to read as follows:

     "(i)  [No fee shall be charged for permits, or applications for permits, under this section, except for a single fee chargeable by and payable to the issuing county, for individuals applying for their first permit, in] The county council of each county may establish a processing fee payable to the county's police department for each application for a permit to acquire submitted in the respective county; provided that the fee is established in an amount equal to the fee actually charged by the Federal Bureau of Investigation to the issuing police department for a fingerprint check in connection with that application or permit.  In the case of a joint application, the fee provided for in this section may be charged to each person to whom no previous permit has been issued."

     SECTION 2.  Section 134-3, Hawaii Revised Statutes, is amended to read as follows:

     "§134-3  Registration, mandatory, exceptions.  (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 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 processing the registration or as may be required by a law enforcement agency for the lawful performance of its duties or as may be required by order of a court.

     (c)  Dealers licensed under section 134-31 or dealers licensed by the United States Department of Justice shall register firearms pursuant to this section on registration forms prescribed by the attorney general and shall not be required to have the firearms physically inspected by the chief of police at the time of registration.

     (d)  Registration shall not be required for:

     (1)  Any device that is designed to fire loose black powder or that is a firearm manufactured before 1899;

     (2)  Any device not designed to fire or made incapable of being readily restored to a firing condition; or

     (3)  All unserviceable firearms and destructive devices registered with the Bureau of Alcohol, Tobacco, and Firearms of the United States Department of Justice pursuant to Title 27, Code of Federal Regulations.

     (e)  [No fee shall be charged for the registration of a firearm under this section, except for a fee] The county council of each county may establish a processing fee payable to the county's police department for the registration of a firearm under this section.  If established, the registration fee shall be chargeable by and payable to the registering county for persons registering a firearm under subsection (a), in an amount equal to the fee actually charged by the Federal Bureau of Investigation to the registering police department for a fingerprint check in connection with the registration.  In the case of a joint registration, the fee provided for in this section may be charged to each person.

     (f)  The processing fee for the registration of firearms owned by active duty military personnel transferring to the State shall be waived."

     SECTION 3.  Section 134-9, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  A fee of [$10] $25 shall be charged for each license and shall be deposited in the treasury of the county in which the license is granted."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 


 

Report Title:

Firearms Registration Fee; Firearms Permit to Acquire Fee; Counties

 

Description:

Allows each county council to establish a processing fee for a firearms permit to acquire and firearm registration.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.