SECTION 1. The legislature finds that the ruling by the United States District Court for the District of Hawaii in Yukutake v. Connors, Civ. No. 19-00578 JMS-RT (D. Haw. Aug. 16, 2021), has made amendments to the firearm permitting and registration requirements advisable. Specifically, the ruling found that both a ten-day expiration period for a permit to acquire a pistol or revolver and a requirement that all firearms be physically inspected at the time of registration were unconstitutional. The amendments in this Act will clarify the legislature's intent to ensure public safety through its firearms laws and help Hawaii maintain one of the lowest gun violence rates in the nation.

The legislature finds that imposing a thirty-day expiration date for a permit to acquire a pistol or revolver is necessary for protecting public safety. This finding is based on the extensive knowledge and experience of the Hawaii law enforcement community and the Hawaii legislature regarding permitting requirements, since such requirements were originally enacted in Hawaii in the early twentieth century, e.g., via Act 124, Session Laws of Hawaii 1919, and Act 26, Special Session Laws of Hawaii 1933.

According to section 134-2, Hawaii Revised Statutes, when applying for a permit to acquire a firearm, a person must (1) submit certain background information, including name, address, sex, height, and weight; (2) be photographed and fingerprinted; and (3) be subjected to background checks, including mental health inquiries and inquiries using the National Crime Information Center, National Instant Background Check System, International Justice and Public Safety Network, and United States Immigration and Customs Enforcement. The legislature finds that, if a permit to acquire has an excessively long expiration date, some of this background information, including relevant mental health information, may become outdated by the time the permit is used. People often change their names or addresses, and their appearances can change over time. More importantly, people can experience events in their lives that disqualify them from owning firearms, such as criminal convictions, mental health diagnoses, or being subjected to restraining orders.

Consequently, the expiration date for a permit to acquire must be short enough to ensure that the information upon which the permit is based is current and accurate at the time the permittee acquires the pistol or revolver. Hawaii has a substantial interest in public safety, and accurate information protects public safety both by helping prevent people who are disqualified from owning firearms from acquiring them and by facilitating the tracing of firearms. The legislature believes that the ten-day expiration date under prior law accomplished these public safety purposes. Based on the statistics reported in Firearm Registrations in Hawaii, 2020, published by the crime prevention and justice assistance division of the department of the attorney general, the legislature finds that, in 2020, 98.6 per cent of approved permits were picked up within the ten-day period (25,024 permits were picked up out of 25,381 approved permits). However, to address the constitutional issues raised by the federal district court, the legislature deems it advisable to extend the expiration date from ten to thirty days. It is the legislature's considered judgment that thirty days is short enough to ensure the continued accuracy of the information on which the permit is based and long enough for permit holders to complete the acquisition of their pistols or revolvers. Thirty days will provide adequate time for people to complete their acquisitions.

Moreover, the legislature appreciates the correlation between strong permitting laws and the reduction of gun violence. The legislature finds that it has been established in studies such as Purchaser Licensing, Point of Sale Background Check Laws, and Firearm Homicide and Suicide in 4 US States, 1985-2017 by Alexander D. McCourt et al., published by the American Journal of Public Health, that when Connecticut enacted permitting requirements, its gun violence rate went down, but when Missouri repealed its permitting requirements, the gun violence rate went up. A thirty day expiration date remains within the range of expiration dates adopted by other states with similar requirements involving single use, short expiration permits, including ten days (Massachusetts General Laws chapter 140, sections 121, 129B, 129C, 131A, and 131E), thirty days (Michigan Compiled Laws sections 28.422 and 28.422a), and ninety days (New Jersey Statutes section 2C:58-3). Therefore, the legislature finds that a thirty-day expiration date for permits to acquire pistols and revolvers is supported by the significant, substantial, and important government interest in protecting public safety and it reasonably fits with that objective.

The legislature further finds that Hawaii's important interest in protecting public safety justifies the physical inspection of certain narrow categories of firearms at the time of registration. This finding is based on the extensive knowledge and experience of the Hawaii law enforcement community and the Hawaii legislature regarding registration requirements, including serial numbers, since such requirements were originally adopted in Hawaii in the early twentieth century, e.g., via Act 85, Session Laws of Hawaii 1907.

The legislature finds that firearms and firearm receivers that do not have serial numbers imprinted by the manufacturer, including those created by 3-D printers, pose a danger to public safety inasmuch as these "ghost guns" are untraceable by law enforcement. These firearms and firearm receivers can be legally obtained and registered under Hawaii law; however, the process established by section 134-3, Hawaii Revised Statutes, requires the permanent engraving or embedding of a registration number on the firearm by the registrant. The legislature finds that it is necessary for police departments to inspect the engraving or embedding, even when done by a licensed dealer, so as to ensure that it is done legibly, permanently, and accurately. The legislature finds that due to the risk of human error, it is not enough simply to assume that the registration number is properly engraved or embedded and also properly recorded in registration records. The legislature finds that it is the experience of Hawaii firearm officials that mistakes can and have been made in the recording of serial numbers, and inspection is necessary to remedy that risk. The accuracy of the registration number should be verified by law enforcement officials to ensure there were no errors made in engraving or embedding the number and that the registration number matches the number on the firearm. Because of the extremely strong public safety interest associated with this issue, the legislature finds that relying on blind faith is not sufficiently reliable to protect the public interest. Although the legislature believes that the prior requirement of in-person inspection at registration enacted in Act 74, Session Laws of Hawaii 2020, was based on this purpose, the legislature makes express and specific findings here to specifically address any constitutional questions regarding the basis for this requirement.

The legislature further finds that, with the exception of licensed dealers or manufacturers, persons: (1) who bring firearms into the State, or (2) who are participating in private sales or transfers of firearms, are particularly vulnerable to unknowingly possessing firearms that are illegal under Hawaii law. The legislature finds that there is an important public safety interest in discovering illegal firearms brought into Hawaii, as well as an important government interest in doing so in a manner that minimizes unnecessary prosecution.

People may bring firearms to Hawaii from out of state. However, the firearms laws in other states are often very different from the firearms laws in Hawaii. For example, pursuant to sections 134-8 and 134-8.5, Hawaii Revised Statutes, assault pistols, automatic firearms, rifles and shotguns with certain barrel lengths, certain large capacity magazines, and bump fire stocks, among other things, are illegal in Hawaii. A person who is not a licensed dealer may not be aware that the features, modifications, or accessories of their firearms are illegal in Hawaii and may attempt to bring such firearms into the State.

Similarly, people participating in private sales or transfers of firearms may not be aware that the firearms are illegal. Unlike licensed firearm dealers, who are required to keep detailed, audited records and are familiar with Hawaii's firearm laws, private individuals may be unfamiliar with the technical details of the firearms and with the requirements of Hawaii law. They may not know which features, modifications, or accessories are illegal under Hawaii law.

The legislature finds that physical inspection of firearms at registration is the best way to discover whether firearms brought into the State by non-dealers or being transferred by private parties have features, modifications, or accessories that are illegal under Hawaii law. In addition, discovering the illegality at registration helps to minimize the gun owner's risk of prosecution. Because the gun owner brings the firearm to authorities at registration, it is highly unlikely that the gun owner will be prosecuted or arrested. Under such circumstances, prosecutors or the police are likely to use their discretion and decline to prosecute or arrest. In contrast, without inspection at registration, if the illegality is discovered later, the circumstances are much more likely to lead to prosecution or arrest.

Therefore, the legislature finds that an in-person inspection at registration requirement is supported by the significant, substantial, and important government interest in protecting public safety. The legislature finds that the requirement reasonably fits that objective, and is in fact narrowly tailored, because it is limited to certain specific situations that have an exceptional need for inspection, e.g., ghost guns, firearms coming from out of state, firearms in private sales and transfers. The legislature also finds that in-person inspection at registration serves an additional significant, substantial, and important government interest in minimizing the risk that gun owners who are not aware of the illegality of their firearms will be prosecuted.

The purpose of this Act is to strengthen the reasons, purposes, and interests served by Hawaii firearms laws and thereby resolve possible constitutional questions.

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~~] thirty 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 before any determination to issue a permit or to deny an application is made."

SECTION 3. Section 134-3, Hawaii Revised Statutes, is amended by amending subsections (a) to (c) to read as follows:

"(a) Every resident or other person arriving in the State who brings or by any other manner causes to be brought into the State a firearm of any description, whether usable or unusable, serviceable or unserviceable, modern or antique, shall register and submit to physical inspection the firearm within five days after arrival of the person or of the firearm, whichever arrives later, with the chief of police of the county of the person's place of business or, if there is no place of business, the person's residence or, if there is neither a place of business nor residence, the person's place of sojourn. A nonresident alien may bring firearms not otherwise prohibited by law into the State for a continuous period not to exceed ninety days; provided that the person meets the registration requirement of this section and the person possesses:

(1) A valid Hawaii hunting license procured under chapter 183D, part II, or a commercial or private shooting preserve permit issued pursuant to section 183D-34;

(2) A written document indicating the person has been invited to the State to shoot on private land; or

(3) Written notification from a firing range or target shooting business indicating that the person will actually engage in target shooting.

The nonresident alien shall be limited to a nontransferable registration of not more than ten firearms for the purpose of the above activities.

Every person registering a firearm under this subsection shall be fingerprinted and photographed by the police department of the county of registration; provided that this requirement shall be waived where fingerprints and photographs are already on file with the police department. The police department shall perform an inquiry on the person 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 before any determination to register a firearm is made. Any person attempting to register a firearm, a firearm receiver, or the parts used to assemble a firearm, and who is found to be disqualified from ownership, possession, or control of firearms or ammunition under section 134-7, shall surrender or dispose of all firearms and ammunition pursuant to section 134-7.3.

(b) Every person who acquires a firearm pursuant to section 134-2 shall register the firearm in the manner prescribed by this section within five days of acquisition. If the firearm is acquired from a person who is not a dealer licensed under section 134-31 or a dealer licensed by the United States Department of Justice, the firearm shall be physically inspected by the chief of police of the appropriate county or designee at the time of registration. The registration of all firearms shall be on forms prescribed by the attorney general, which shall be uniform throughout the State, and shall include the following information: name of the manufacturer and importer; model; type of action; caliber or gauge; serial number; and source from which receipt was obtained, including the name and address of the prior registrant. If the firearm has been assembled from separate parts and an unfinished firearm receiver, the entity that registered the firearm receiver shall be recorded in the space provided for the name of the manufacturer and importer, and the phrase "assembled from parts" shall be recorded in the space provided for model. If the firearm has been assembled from parts created using a three-dimensional printer, the entity that registered the firearm receiver shall be recorded in the space provided for the name of the manufacturer and importer, and the phrase "3-D printer" shall be recorded in the space provided for model. If the firearm has no serial number, the registration number shall be entered in the space provided for the serial number, and the registration number shall be engraved upon the receiver portion of the firearm before registration. On firearms assembled from parts created using a three-dimensional printer, the [~~serial~~] registration number shall be engraved on stainless steel [~~and~~], permanently embedded to the firearm receiver during fabrication or construction[.], and visible when the firearm is assembled. Firearms and firearm receivers with engraved or embedded registration numbers, even if done by a dealer licensed under section 134-31 or a dealer licensed by the United States Department of Justice, shall be physically inspected by the chief of police of the appropriate county or designee at the time of registration. All registration data that would identify the individual registering the firearm by name or address shall be confidential and shall not be disclosed to anyone, except as may be required:

(1) For processing the registration;

(2) For database management by the Hawaii criminal justice data center;

(3) By a law enforcement agency for the lawful performance of its duties; or

(4) By order of a court.

(c) Dealers licensed under section 134-31 or dealers licensed by the United States Department of Justice shall register firearms pursuant to this section on registration forms prescribed by the attorney general and shall not be required to have the firearms physically inspected by the chief of police at the time of registration[.] except as provided in subsection (b). An authorized dealer, as provided in section 134-31, or a dealer licensed by the United States Department of Justice, who brings, assembles, or causes to be brought into the State by any other means, separate parts and an unfinished firearm receiver that when assembled create a firearm, or parts created by a three-dimensional printer that when assembled create a firearm, shall register the unfinished firearm receiver and receive a serial number before the assembly of the firearm or the sale or transfer of unassembled firearm parts or a receiver to a third party in accordance with subsection (b). Any sale or transfer of unfinished firearm receivers by an authorized dealer to a third party shall be conducted as if they were fully assembled firearms with a serial number engraved on the firearm receiver and in accordance with the firearms permitting process in section 134-2. [~~All other firearms and firearm receivers registered under this section shall be physically inspected by the respective county chief of police or the chief's representative at the time of registration.~~]"

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	3043
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII