SECTION 1. The legislature finds that criminal background checks for applicants to acquire firearms are critical to ensure the safety of the community. The rap back program will provide a mechanism to alert a county police department when the owner of a firearm is arrested for a criminal offense anywhere in the country. This notification will allow the county police department to evaluate whether the firearm owner may continue to legally possess and own firearms.

In the case of Steven Fotoudis v. City and County of Honolulu, the court held that section 134-2(d), Hawaii Revised Statutes, as applied to Fotoudis, is unconstitutional because it prevented the plaintiff from applying for a permit to acquire a firearm because he was a permanent resident alien and not a United States citizen.

The purpose of this Act is to clarify the background check process and to allow county police departments to enroll firearm applicants into the rap back program.

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

1. By amending subsections (d) and (e) to read:

"(d) The chief of police of the respective counties may issue permits to acquire firearms to citizens of the United States or permanent resident aliens of the age of twenty-one years or more, or duly accredited official representatives of foreign nations[, or duly commissioned law enforcement officers of the State who are aliens; provided that any law enforcement officer who is the owner of a firearm and who is an alien shall transfer ownership of the firearm within forty-eight hours after termination of employment from a law enforcement agency. The chief of police of each county may issue permits to aliens of the age of eighteen years or more for use of rifles and shotguns for a period not exceeding sixty days, upon a showing that the alien has first procured a hunting license under chapter 183D, part II. The chief of police of each county may issue permits to aliens of the age of twenty-one years or more for use of firearms for a period not exceeding six months, upon a showing that the alien is in training for a specific organized sport-shooting contest to be held within the permit period. The attorney general shall adopt rules, pursuant to chapter 91, as to what constitutes sufficient evidence that an alien is in training for a sport-shooting contest. Notwithstanding any provision of the law to the contrary and upon joint application, the chief of police may issue permits to acquire firearms jointly to spouses who otherwise qualify to obtain permits under this section].

(e) The permit application form shall be signed by the applicant and by the issuing authority. One copy of the permit shall be retained by the issuing authority as a permanent official record. Except for sales to dealers licensed under section 134-31, or dealers licensed by the United States Department of Justice, or law enforcement officers, or where a license is granted under section 134-9, or where any firearm is registered pursuant to section 134-3(a), no permit shall be issued to an applicant earlier than fourteen calendar days after the date of the application; provided that a permit shall be issued or the application denied before the twentieth day from the date of application. Permits issued to acquire any pistol or revolver shall be void unless used within ten days after the date of issue. Permits to acquire a pistol or revolver shall require a separate application and permit for each transaction. Permits issued to acquire any rifle or shotgun shall entitle the permittee to make subsequent purchases of rifles or shotguns for a period of one year from the date of issue without a separate application and permit for each acquisition, subject to the disqualifications under section 134-7 and subject to revocation under section 134-13; provided that if a permittee is arrested for committing a felony or any crime of violence or for the illegal sale of any drug, the permit shall be impounded and shall be surrendered to the issuing authority. The issuing authority shall perform an inquiry on an applicant [~~who is a citizen of the United States by using the National Instant Criminal Background Check System~~] using the Criminal Justice Information System, National Law Enforcement Telecommunications System including the United States Immigration and Customs Enforcement query therein, National Crime Information Center and National Instant Criminal Background Check System and pursuant to section 846-2.7 before any determination to issue a permit or to deny an application is made. [If the applicant is not a citizen of the United States and may be eligible to acquire a firearm under this chapter, the issuing authority shall perform an inquiry on the applicant, by using the National Instant Criminal Background Check System, to include a check of the Immigration and Customs Enforcement databases, before any determination to issue a permit or to deny an application is made.]"

2. By amending subsection (i) to read:

"(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 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.~~] Hawaii criminal justice data center pursuant to section 846-2.7. 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 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 on January 7, 2059.

Report Title:

Firearms; Background Checks; Permit; Permanent Resident Alien

Description:

Allows permanent resident aliens to receive a permit to acquire a firearm. Requires the issuing authority for firearms permits to perform an inquiry on an applicant using the Criminal Justice Information System (CJIS), National Law Enforcement Telecommunications System (NLETS) including the Immigration and Customs Enforcement query in NLETS, National Crime Information Center (NCIC), and National Instant Criminal Background Check System (NICS). Adds permanent resident aliens to required background checks. Clarifies requirements for permanent resident aliens to obtain a firearms permit. Effective January 7, 2059. (SD1)

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

THE SENATE	S.B. NO.	2955
TWENTY-EIGHTH LEGISLATURE, 2016		S.D. 1
STATE OF HAWAII