HOUSE OF REPRESENTATIVES	H.B. NO.	2632
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.  The legislature finds that keeping firearms out of the hands of people who are suffering from mental illness is critical to ensure the safety of those individuals and of the community.

     Under current law, if the owner of a firearm has been disqualified from owning, possessing, or controlling a firearm due to mental illness, the owner has thirty days after receiving notification of the disqualification to voluntarily surrender the firearm.  There is no provision in the law, even in emergency situations, that allows the police to seize the firearm before the thirty-day period has elapsed.

     The purpose of this Act is to:

     (1)  Require firearm owners who have been disqualified from owning, possessing, or controlling firearms and ammunition due to mental illness to immediately surrender their firearms and ammunition to the chief of police upon written notification given by the chief of police; and

     (2)  Authorize the county chiefs of police to immediately seize the firearms and ammunition if a person fails to voluntarily surrender them as required by law.

     SECTION 2.  Section 134-7.3, Hawaii Revised Statutes, is amended to read as follows:

     "§134-7.3  Seizure of firearms upon disqualification.  (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 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.  If an 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 seize all firearms and ammunition.

     (b)  [Any] Except as provided in subsection (c), any person disqualified from ownership, possession, or control of firearms and ammunition under section 134-7 shall voluntarily surrender all firearms and ammunition to the chief of police where the person resides or dispose of all firearms and ammunition.  If any person fails to voluntarily surrender or dispose of all firearms and ammunition within thirty days from the date of disqualification[,] or as provided in subsection (c), the chief of police may seize all firearms and ammunition.

     (c)  Any person disqualified from ownership, possession, or control of firearms and ammunition under section 134-7(c), or who underwent an emergency hospitalization under section 334-59, shall immediately surrender all firearms and ammunition to the chief of police upon written notification from the chief of police.  The notification shall set forth the reasons for the disqualification and shall state the requirement that the applicant immediately surrender all firearms and ammunition to the chief of police.  If any person fails to voluntarily surrender all firearms and ammunition, the chief of police may seize all firearms and ammunition.

     [(c)] (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, for a person subject to section 134-7(f), "dispose" shall not include transferring ownership of the firearms to any person who meets the requirements of section 134-2.

     [(d)] (e)  The chief of police of the respective counties shall adopt procedures to implement and administer the provisions of this section by December 31, 2001."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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:

Seizure of Firearms; Mental Illness; Police

 

Description:

Requires firearms owners who have been disqualified from owning a firearm and ammunition due to mental illness to immediately surrender their firearms and ammunition to the Chief of Police.

 

 

 

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