THE SENATE	S.B. NO.	621
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to the public carrying of firearms.

 

 

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

 

     SECTION 1.  The legislature finds that law-abiding persons in the State should be allowed to carry a firearm outside the home for purposes of protection and self-defense.  Reports of violent crimes being committed across the State--many of them brazen and perpetrated during daylight hours in public places‑‑have become increasingly commonplace.  Residents are feeling afraid and helpless, yet are largely resigned to relying on understaffed county police departments to prevent crimes and apprehend violent offenders.

     The legislature recognizes that the United States Supreme Court, in New York State Rifle and Pistol Association, Inc. v. Bruen, 142 S.Ct. 2111 (2022), invalidated "proper cause" requirements found in certain state licensing statutes that restrict who may carry a firearm outside the home, such as those set forth in section 134-9, Hawaii Revised Statutes.  That section creates a high bar for persons wishing to obtain a license to legally carry a pistol or revolver while in public.  More specifically, an applicant must either show "reason to fear injury" to receive a license to carry a concealed pistol or revolver, or show sufficient "urgency or the need" to receive a license to carry an unconcealed pistol or revolver.  In the aforementioned court case, the United States Supreme Court held that the Second and Fourteenth Amendments to the United States Constitution protect an individual's right to carry a handgun for self-defense outside the home, and that "proper cause" licensing laws such as those of New York and Hawaii are unconstitutional because they require applicants to demonstrate a special need for self-defense.

     The legislature believes that, given the State's unacceptably high rate of violent crime and the need for members of the public to feel secure and be able to protect themselves from victimization, Hawaii should be a "constitutional carry" state that allows the public carrying of firearms without any special licensing or permitting requirement, much like the states of Alabama, Alaska, Arizona, Arkansas, Idaho, Indiana, Iowa, Georgia, Kansas, Kentucky, Maine, Mississippi, Missouri, Montana, New Hampshire, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, Utah, Vermont, West Virginia, and Wyoming.

     Accordingly, the purpose of this Act is to:

     (1)  Repeal the licensing procedure set forth in section 134-9, Hawaii Revised Statutes, under which county police chiefs have the discretion to decide whether an applicant may receive a license to carry, concealed or unconcealed, a pistol or revolver and ammunition therefor;

     (2)  Authorize a person who is a United States citizen aged twenty-one or older to carry, concealed or unconcealed, a firearm and ammunition therefor without any requirement to demonstrate a special need for self-defense, provided that certain other conditions are met; and

     (3)  Repeal provisions of the Hawaii Revised Statutes relating to prohibitions on where firearms and ammunition may be kept.

     SECTION 2.  Section 134-5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  A person may carry unconcealed and use a lawfully acquired pistol or revolver while actually engaged in hunting game mammals, if that pistol or revolver and its suitable ammunition are acceptable for hunting by rules adopted pursuant to section 183D-3 and if that person is licensed pursuant to part II of chapter 183D.  [The pistol or revolver may be transported in an enclosed container, as defined in section 134‑25 in the course of going to and from the place of the hunt, notwithstanding section 134-26.]"

     SECTION 3.  Section 134-9, Hawaii Revised Statutes, is amended to read as follows:

     "§134-9  Licenses to carry.  [(a)  In an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property, the chief of police of the appropriate county may grant a license to an applicant] A person who is a citizen of the United States of the age of twenty-one years or more [or to], or a duly accredited official representative of a foreign nation of the age of twenty-one years or more [to], may carry a [pistol or revolver] firearm and ammunition therefor, concealed on the person [within the county where the license is granted.] or unconcealed, while frequenting any public place within the State, provided that:

     (1)  The person is not prohibited by any provision of this chapter or any other provision of applicable law from owning or possessing a firearm;

     (2)  The firearm was acquired in accordance with the requirements of section 134-2; and

     (3)  An owner or occupant of private property, including a business that is open to the public in the normal course of operations, or a place of public accommodation as defined in section 489-2, may prohibit persons carrying a concealed or unconcealed firearm from entering the property if there is clear and conspicuous signage posted at the property entrance to indicate the no-firearm policy.

[Where the urgency or the need has been sufficiently indicated, the respective chief of police may grant to an applicant of good moral character who is a citizen of the United States of the age of twenty-one years or more, is engaged in the protection of life and property, and is not prohibited under section 134-7 from the ownership or possession of a firearm, a license to carry a pistol or revolver and ammunition therefor unconcealed on the person within the county where the license is granted.  The chief of police of the appropriate county, or the chief's designated representative, shall perform an inquiry on an applicant by using the National Instant Criminal Background Check System, to include a check of the Immigration and Customs Enforcement databases where the applicant is not a citizen of the United States, before any determination to grant a license is made.  Unless renewed, the license shall expire one year from the date of issue.

     (b)  The chief of police of each county shall adopt procedures to require that any person granted a license to carry a concealed weapon on the person shall:

     (1)  Be qualified to use the firearm in a safe manner;

     (2)  Appear to be a suitable person to be so licensed;

     (3)  Not be prohibited under section 134-7 from the ownership or possession of a firearm; and

     (4)  Not have been adjudged insane or not appear to be mentally deranged.

     (c)  No person shall carry concealed or unconcealed on the person a pistol or revolver without being licensed to do so under this section or in compliance with sections 134-5(c) or 134-25.

     (d)  A fee of $10 shall be charged for each license and shall be deposited in the treasury of the county in which the license is granted.]"

     SECTION 4.  Section 134-11, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (a) to read:

     "(a)  Sections 134-7 to [134-9] 134-8 and 134-21 to [134‑27,] 134-22, except section 134-7(f), shall not apply:

     (1)  To state and county law enforcement officers; provided that such persons are not convicted of an offense involving abuse of a family or household member under section 709-906;

     (2)  To members of the armed forces of the State and of the United States and mail carriers while in the performance of their respective duties if those duties require them to be armed;

     (3)  To regularly enrolled members of any organization duly authorized to purchase or receive the weapons from the United States or from the State; provided the members are either at, or going to or from, their places of assembly or target practice;

     (4)  To persons employed by the State, or subdivisions thereof, or the United States while in the performance of their respective duties or while going to and from their respective places of duty if those duties require them to be armed;

     (5)  To aliens employed by the State, or subdivisions thereof, or the United States while in the performance of their respective duties or while going to and from their respective places of duty if those duties require them to be armed; and

     (6)  To police officers on official assignment in Hawaii from any state which by compact permits police officers from Hawaii while on official assignment in that state to carry firearms without registration.  The governor of the State or the governor's duly authorized representative may enter into compacts with other states to carry out this paragraph."

     2.  By amending subsection (c) to read:

     "(c)  Sections 134-8[, 134-9,] and 134-21 to [134-27,] 134‑22 shall not apply to the possession, transportation, or use, with blank cartridges, of any firearm or explosive solely as props for motion picture film or television program production when authorized by the chief of police of the appropriate county pursuant to section 134-2.5 and not in violation of federal law."

     SECTION 5.  Section 134-23, Hawaii Revised Statutes, is repealed.

     ["[§134-23]  Place to keep loaded firearms other than pistols and revolvers; penalty.  (a)  Except as provided in section 134-5, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

     (1)  A place of repair;

     (2)  A target range;

     (3)  A licensed dealer's place of business;

     (4)  An organized, scheduled firearms show or exhibit;

     (5)  A place of formal hunter or firearm use training or instruction; or

     (6)  A police station.

     "Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.

     (b)  Any person violating this section by carrying or possessing a loaded firearm other than a pistol or revolver shall be guilty of a class B felony."]

     SECTION 6.  Section 134-24, Hawaii Revised Statutes, is repealed.

     ["[§134-24]  Place to keep unloaded firearms other than pistols and revolvers; penalty.  (a)  Except as provided in section 134-5, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

     (1)  A place of repair;

     (2)  A target range;

     (3)  A licensed dealer's place of business;

     (4)  An organized, scheduled firearms show or exhibit;

     (5)  A place of formal hunter or firearm use training or instruction; or

     (6)  A police station.

     "Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.

     (b)  Any person violating this section by carrying or possessing an unloaded firearm other than a pistol or revolver shall be guilty of a class C felony."]

     SECTION 7.  Section 134-25, Hawaii Revised Statutes, is repealed.

     ["[§134-25]  Place to keep pistol or revolver; penalty.  (a)  Except as provided in sections 134-5 and 134-9, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

     (1)  A place of repair;

     (2)  A target range;

     (3)  A licensed dealer's place of business;

     (4)  An organized, scheduled firearms show or exhibit;

     (5)  A place of formal hunter or firearm use training or instruction; or

     (6)  A police station.

     "Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.

     (b)  Any person violating this section by carrying or possessing a loaded or unloaded pistol or revolver shall be guilty of a class B felony."]

     SECTION 8.  Section 134-26, Hawaii Revised Statutes, is repealed.

     ["[§134-26]  Carrying or possessing a loaded firearm on a public highway; penalty.  (a)  It shall be unlawful for any person on any public highway to carry on the person, or to have in the person's possession, or to carry in a vehicle any firearm loaded with ammunition; provided that this section shall not apply to any person who has in the person's possession or carries a pistol or revolver in accordance with a license issued as provided in section 134-9.

     (b)  Any vehicle used in the commission of an offense under this section shall be forfeited to the State, subject to the notice and hearing requirements of chapter 712A.

     (c)  Any person violating this section shall be guilty of a class B felony."]

     SECTION 9.  Section 134-27, Hawaii Revised Statutes, is repealed.

     ["[§134-27]  Place to keep ammunition; penalty.  (a)  Except as provided in sections 134-5 and 134-9, all ammunition shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry ammunition in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

     (1)  A place of repair;

     (2)  A target range;

     (3)  A licensed dealer's place of business;

     (4)  An organized, scheduled firearms show or exhibit;

     (5)  A place of formal hunter or firearm use training or instruction; or

     (6)  A police station.

     "Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the ammunition.

     (b)  Any person violating this section shall be guilty of a misdemeanor."]

     SECTION 10.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 11.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 12.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Firearms; Concealed Carry; Open Carry; Licensing; Place To Keep; Repeal

 

Description:

Provides that Hawaii is a "constitutional carry" state.  Repeals the licensing procedure set forth in section 134-9, HRS, under which county police chiefs have the discretion to decide whether an applicant may receive a license to carry, concealed or unconcealed, a pistol or revolver and ammunition therefor.  Authorizes a person who is a United States citizen aged 21 or older to carry, concealed or unconcealed, a firearm and ammunition therefor without any requirement to demonstrate a special need for self-defense, provided that certain other conditions are met.  Repeals "place to keep" provisions of the HRS.

 

 

 

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