THE SENATE	S.B. NO.	234
THIRTY-SECOND LEGISLATURE, 2023
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 a licensed citizen legally carrying a concealed firearm in public must ensure that the firearm is concealed completely.  Having an improperly concealed firearm can cause alarm to people in the area and will result in 911 calls, burdening first responder resources.  When first responders approach a person carrying a firearm, it may be unclear whether the person poses a threat, causing a potentially hazardous situation for all involved.

     Furthermore, a firearm that is dropped poses a risk of discharging, endangering bystanders in the area.  Aside from the risk of accidental discharge, a dropped firearm may cause alarm to a person nearby.

     Lastly, a firearm negligently left behind by a licensee in a public place could be stolen or used by another person to commit a crime.  Concealed carry licensee holders must be held accountable to maintain possession of their concealed firearm.

     The most effective way to mitigate these situations is for the firearm to be properly concealed and secured in accordance with the issued license and applicable laws.

     Accordingly, the purpose of this Act is to create a new offense within chapter 134, Hawaii Revised Statutes, relating to the negligent concealment of a firearm by a licensee.

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

     "§134-     Negligent concealment of a firearm by a licensee.  (a)  A person commits the offense of negligent concealment of a firearm by a licensee if the person holds a valid concealed carry firearms license and:

     (1)  Without legal justification, displays or fails to completely conceal the licensed firearm, even briefly, causing alarm to any other person; or

     (2)  Fails to secure the firearm on their person by dropping it in open view of any other person or by leaving the firearm in a public place.

     (b)  Negligent concealment of a firearm by a licensee is a petty misdemeanor."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  New statutory material is underscored.

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

 

INTRODUCED BY:	_____________________________
	By Request

 

 

Report Title:

Honolulu Police Department Package; Negligent Concealment of a Firearm by a Licensee

 

Description:

Creates the offense of negligent concealment of a firearm by a licensee.

 

 

 

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