THE SENATE	S.B. NO.	305
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 existing law allows firearms to be lent to an adult for up to seventy-five days without any background check or notice to the government that a firearm has been lent to a person who does not have a permit for that weapon.  The legislature further finds that this is not consistent with the rest of the firearm regulations, which requires background checks and permitting for all gun transferees.

     Accordingly, the purpose of this Act is to:

     (1)  Restrict the loan of a rifle or shotgun to an adult who is twenty-one years or older;

     (2)  Repeal the authorization to lend a rifle or shotgun without a permit;

     (3)  Restrict the lending of a rifle or shotgun to twelve hours;

     (4)  Reduce the authorized lending of a rifle or shotgun outside of the State from seventy-five days to twelve hours;

     (5)  Require that an adult who is borrowing a firearm either possess a firearm permit or personally own or possess a registered firearm, and is not prohibited from owning or possessing a firearm; and

     (6)  Prohibit a person from knowingly lending a firearm, in addition to a person who is prohibited from owning or possessing a firearm, to a person who does not have a firearm permit or does not own or possess a registered firearm.

     SECTION 2.  Section 134-4, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

     "(c)  Any lawfully acquired rifle or shotgun may be lent to an adult who is twenty-one years of age or older for use within the State for a period not to exceed [fifteen days without a permit;] twelve hours; provided that [where the rifle or shotgun is to be used outside of the State, the loan may be for a period not to exceed seventy-five days.] the adult borrowing a rifle or shotgun possesses a permit pursuant to section 134-2 or owns or possesses a firearm that is registered pursuant to section 134‑3, and is not prohibited from ownership or possession of a firearm pursuant to section 134-7.

     (d)  No person shall knowingly lend a firearm to any person who does not have a permit pursuant to section 134-2, does not own or possess a firearm that is registered pursuant to section 134-3, or is prohibited from ownership or possession of a firearm under section 134-7."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

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

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Firearms; Lending; Firearm Permit; Firearm Registration

 

Description:

Prohibits a person from lending a firearm to a person who does not have a firearm permit or does not have a registered firearm.  Requires an adult who is borrowing a firearm to have either a firearm permit or a registered firearm, and not be prohibited to own or possess a firearm.  Specifies that an adult who is twenty-one years of age or older may be lent a rifle or shotgun for a period not to exceed twelve hours.  Repeals the authorization to use a rifle or shotgun outside of the State for up to seventy-five days.  Repeals the authorization to lend a rifle or shotgun without a permit.

 

 

 

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