HOUSE OF REPRESENTATIVES	H.B. NO.	2425
TWENTY-EIGHTH LEGISLATURE, 2016
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 134-9, 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[,] and complies with the requirements of this section, the chief of police of the appropriate county may 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 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.  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 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:

     (1)  Detailed criteria for the issuance or denial of a license to carry a concealed weapon on the person; and

     (2)  [procedures] Procedures to require that any person granted a license to carry a concealed weapon on the person shall:

          [(1)] (A)  Be qualified to use the firearm in a safe manner;

          [(2)] (B)  Appear to be a suitable person to be so licensed;

          [(3)] (C)  Not be prohibited under section 134-7 from the ownership or possession of a firearm; and

          [(4)] (D)  Not have been adjudged insane or not appear to be mentally deranged.

     (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] section 134-5(c) or 134-25.

     (d)  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.

     (e)  Upon the denial of an application for a license to carry a concealed weapon on the person pursuant to this section, the chief of police of the appropriate county shall provide to the applicant in writing the specific reason or reasons why the applicant did not meet the criteria to be issued a license adopted pursuant to subsection (b).

     (f)  The chief of police of each county shall submit to the legislature no later than November 30 of each year an annual report on the applications for licenses to carry concealed weapons received by the chief of police.  The report shall cover the twelve month period prior to October 31 of the year submitted and shall include, at a minimum:

     (1)  The detailed criteria adopted by the chief of police pursuant to subsection (b) for the issuance or denial of a license to carry a concealed weapon;

     (2)  The number of applications the chief of police received for a license to carry a concealed weapon;

     (3)  The number of applications for a license to carry a concealed weapon that were granted;

     (4)  The number of applications for a license to carry a concealed weapon that were denied; and

     (5)  The specific reason or reasons for any denial of an application for a license to carry a concealed weapon."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Concealed Weapons; Licenses; Criteria for Approval and Denial

 

Description:

Requires each county police chief to adopt criteria for the approval or denial of concealed weapon license applications.  Requires an applicant to be informed of the specific reason for a denial.  Requires annual reports.

 

 

 

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