SECTION 1. The legislature finds that requiring firearms permits is an effective way of minimizing unlawful possession and use of firearms. The legislature further finds that the ammunition used in firearms is what renders firearms dangerous, yet there are few state regulations with regards to the sale of ammunition. Specifically, Hawaii does not require a license for the sale of ammunition, nor does it require a permit to purchase or possess ammunition. The legislature finds that this oversight can be addressed by requiring licensure for sellers of ammunition, and by requiring gun owners to show their firearms registrations and identification when purchasing ammunition for the permitted firearms.

The purpose of this Act is to:

(1) Require a purchaser of ammunition to present to a seller a valid government issued identification card and a valid permit to acquire a firearm, a handgun safety training course affidavit, or a hunter education card;

(2) Require the licensing of sellers of ammunition, and for the identification and proper permitting of purchasers or possessors of ammunition; and

(3) Regulate ammunition in the same manner that firearms are regulated.

SECTION 2. Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§134- Ammunition purchase; required documents exception. (a) Prior to the sale of ammunition or shell casings, the seller shall require the purchaser to present a valid government issued identification card and one of the following:

(1) A valid permit to acquire a firearm pursuant to section 134-2;

(2) A handgun safety training course affidavit; or

(3) A hunter education card.

(b) Violation of this section is a petty misdemeanor.

(c) This section shall not apply to ammunition purchases for firearms manufactured before 1899, and to persons described in section 134-11."

SECTION 3. Section 134-4, Hawaii Revised Statutes, is amended as follows:

1. By amending the title to read:

"§134-4 Transfer, possession of firearms[.] and ammunition."

2. By amending subsection (b) to read:

"(b) No person shall possess any firearm or ammunition for any firearm that is owned by another, regardless of whether the owner has consented to possession of the firearm[,] or ammunition for the firearm, without a permit from the chief of police of the appropriate county, except as provided in subsection (c) and section 134-5."

3. By amending subsection (d) to read:

"(d) No person shall knowingly lend a firearm or transfer ammunition for any firearm to any person who is prohibited from ownership or possession of a firearm under section 134-7."

SECTION 4. Section 134-31, Hawaii Revised Statutes, is amended to read as follows:

"§134-31 License to sell and manufacture firearms[;] and ammunition; fee. Any person desiring to engage in the business to sell and manufacture firearms or ammunition for any firearms for sale in the State either at wholesale or retail, shall annually file an application for a license therefor with the director of finance of each county of the State. The annual fee for the issuance of such license shall be $10 and shall be payable to said director of finance. A license issued hereunder shall expire on June 30 next following the date of issuance of the license unless sooner terminated. Application for renewal of license shall be filed on or before June 30 of each year."

SECTION 5. Section 134-32, Hawaii Revised Statutes, is amended to read as follows:

"§134-32 License to sell and manufacture firearms[;] and ammunition; conditions. Every license issued pursuant to this part shall be issued and shall be regarded as having been accepted by the licensee subject to the following conditions:

(1) That the licensee at all times shall comply with all provisions of law relative to the sale of firearms[.] and ammunition for any firearms.

(2) That the license during any time of national emergency or crisis, as defined in section 134-34, may be canceled or suspended.

(3) That all firearms or ammunition for any firearms in the possession and control of any licensee at any time of national emergency or crisis, as defined in section 134-34, may be seized and held in possession or purchased by or on the order of the governor until such time as the national emergency or crisis has passed, or until such time as the licensee and the government of the United States or the government of the State may agree upon some other disposition of the same.

(4) That all firearms or ammunition for any firearms in the possession and control of the licensee or registered pursuant to section 134-3(c) by the licensee shall be subject to physical inspection by the chief of police of each county during normal business hours at the licensee's place of business.

(5) That the license may be revoked for a violation of any of the conditions of this section."

SECTION 6. Section 134-33, Hawaii Revised Statutes, is amended to read as follows:

"§134-33 Punishment for violations of section 134-32. Any person who manufactures or sells any firearms or any ammunition for any firearms within the State without having a valid license so to do, or who being a holder of a license violates any of the terms or conditions of the same, shall be fined not less than $100 nor more than $1,000 or imprisoned not less than three months nor more than one year[.]; provided that this section does not apply to registered firearms owners who manufacture their own ammunition for personal use for the firearms registered in their name."

SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on January 1, 2021.

THE SENATE	S.B. NO.	2635
THIRTIETH LEGISLATURE, 2020		S.D. 1
STATE OF HAWAII