THE SENATE	S.B. NO.	146
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to the uniform probate code.

 

 

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

 

     SECTION 1.  The legislature finds that on January 19, 2020, two police officers were shot and killed while responding to an apparent landlord-tenant dispute in Honolulu.  Although the suspected shooter was not a registered firearm owner in Hawaii, the landlord of the property where the suspected shooter lived allegedly kept firearms belonging to the landlord's deceased husband at the property.  The legislature further finds that these firearms, which may have been used in the fatal shooting, were not properly registered in the State and therefore were improperly possessed by the landowner.

     The purpose of this Act is to require:

     (1)  A personal representative of a decedent appointed under the Uniform Probate Code to notify the police department of the appropriate county of any and all firearms in an estate; and

     (2)  The police department to certify that all firearms in an estate are properly transferred or disposed of before the estate may close.

     SECTION 2.  Chapter 560, Hawaii Revised Statutes, is amended by adding a new section to article III to be appropriately designated and to read as follows:

     "§560:3-    Firearms; notification; transfer or disposal.  (a)  A personal representative shall notify the police department of the appropriate county of all firearms, registered or unregistered, in an estate.

     (b)  An estate shall not close unless the police department of the appropriate county certifies that all registered firearms in the estate and other firearms of which the police department has been notified are properly transferred or disposed of in accordance with chapter 134."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on December 1, 2021.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Uniform Probate Code; Firearms; Personal Representative

 

Description:

Requires a personal representative of a decedent appointed under the Uniform Probate Code to notify the police department of the appropriate county of any and all firearms in an estate.  Requires the police department to certify that all registered firearms in an estate and other firearms of which the police department has been notified are properly transferred or disposed of before the estate may close.

 

 

 

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