THE SENATE	S.B. NO.	286
THIRTY-FIRST LEGISLATURE, 2021
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 the Terrorist Screening Database, informally referred to as the terrorist watchlist, was established under President George W. Bush in 2003 as a response to the September 11, 2001, attacks.  Several different federal agencies can submit information to the watchlist which is administered by the Federal Bureau of Investigation's Terrorist Screening Center.  Individuals are placed on the watchlist when there is reasonable suspicion that they are known or suspected terrorists.

     According to the United States Government Accountability Office, individuals on the watchlist attempted to purchase firearms from United States dealers at least 2,233 times and succeeded ninety-one per cent of the time.  The legislature concludes that inclusion on the Federal Bureau of Investigation's Terrorist Screening Database indicates that an individual poses a serious and potentially threatening risk to public safety.  At least two other states have implemented, and several others are considering, prohibitions on firearms ownership by individuals on the watchlist.

     The purpose of this Act is to require notification to the Terrorist Screening Center of the Federal Bureau of Investigation as part of Hawaii's gun permit background check process.

     SECTION 2.  Section 134-2, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(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 by using the International Justice and Public Safety Network, including the United States Immigration and Customs Enforcement query, the National Crime Information Center, and the National Instant Criminal Background Check System, pursuant to section 846-2.7, and shall inform the Federal Bureau of Investigation's Terrorist Screening Center of the application, before any determination to issue a permit or to deny an application is made."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Terrorist Screening Database; Terrorist Watch List; Firearms and Ammunition; Gun Permit Application Background Check

 

Description:

Adds the requirement of notifying the Terrorist Screening Center administered by the Federal Bureau of Investigation as part of the gun permit application background check process.

 

 

 

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