HB 150: RELATING TO FIREARMS.

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 other state firearm regulations, which require 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)  Repeal the authorized lending of a rifle or shotgun outside of the State;

     (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 intentionally, knowingly, or recklessly lending 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 intentionally, knowingly, or recklessly 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, possession, or control 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  Statutory material to be repealed is bracketed and stricken.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.

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.

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