HB 136: RELATING TO FIREARMS.

A BILL FOR AN ACT

RELATING TO FIREARMS.

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

     SECTION 1.  Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§134-     Trigger locks; notice of responsibility to securely store firearms.  (a)  No licensed dealer shall sell any firearm to any other person, except another licensed dealer, unless the person is provided with or purchases a trigger lock that is appropriate for that firearm.

     (b)  The licensed dealer, at the time of the sale of the firearm, shall provide the person with a written copy of section 134-10.5."

     SECTION 2.  Section 134-10.5, Hawaii Revised Statutes, is amended to read as follows:

     "§134-10.5  Storage of firearm; [responsibility with respect to minors.] penalties.  (a)  No person shall store or keep any firearm on any premises under the person's control [if the person knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor,] unless the person:

     (1)  Keeps the firearm in a securely locked box [or other container or in a location that a reasonable person would believe to be secure; or], locked gun safe, or locked gun room;

     (2)  Keeps the firearm out of plain sight and equips the firearm with a tamper-resistant mechanical lock or other safety device, properly engaged to render the firearm inoperable by any person other than the owner or other lawfully authorized user; or

    [(2)] (3)  Carries the firearm on the person or within such close proximity [thereto that the person can readily retrieve and use it as if it were carried on the person.] that the firearm owner can readily prevent unauthorized users from gaining access to the firearm.

[For purposes of this section, "minor" means any person under the age of eighteen years.]

     (b)  Violation of this section shall be punishable by a fine of up to:

     (1)  $250 for a first violation; and

     (2)  $1,000 for a second or subsequent violation."

     SECTION 3.  Section 707-714.5, Hawaii Revised Statutes, is amended to read as follows:

     "§707-714.5  Criminally negligent storage of a firearm.  (1)  A person commits the offense of criminally negligent storage of a firearm if the person violates section 134-10.5 and a minor or other individual prohibited from possessing firearms under section 134-7 obtains the firearm.  [For purposes of this section, "minor" means any person under the age of eighteen years.]

     (2)  This section shall not apply if the minor or other individual prohibited from possessing firearms under section 134-7 obtains the firearm as a result of an unlawful entry to any premises by any person.

     (3)  Criminally negligent storage of a firearm [is] shall be a misdemeanor.

     (4)  For purposes of this section, "minor" means any person under the age of eighteen years."

     SECTION 4.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 5.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.

Report Title:

Firearms; Licensed Dealers; Trigger Lock; Notice; Secure Storage

Description:

Requires a trigger lock for all firearms purchases from a licensed dealer.  Requires licensed firearms dealers to provide purchasers with notice regarding the law on firearms storage.  Amends the requirements for the secure storage of firearms and establishes fines for violations.  Amends the offense of criminally negligent storage of a firearm.

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