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

"§134- Licenses to carry concealed pistols or revolvers. (a) The chief of police of the appropriate county shall grant a license to carry a concealed pistol or revolver to an applicant who:

(1) Is a citizen of the United States;

(2) Has resided in the State for at least six months or is a member of, or spouse of a member of, the military stationed in the State, or a retired law enforcement officer;

(3) Is twenty-three years of age or older;

(4) Is not ineligible to possess a firearm pursuant to section 134-7;

(5) Has demonstrated competence with a firearm by meeting the training requirements of 134-2(g), to include practical training in drawing and replacing a pistol or revolver from and to a holster or any other practical means of carrying a concealed pistol or revolver. The chief of police of the appropriate county shall adopt procedures to require that any applicant for a license to carry a concealed pistol or revolver on the person shall have additional training that demonstrates:

(A) Knowledge of federal, state, and local laws pertaining to the purchase, ownership, transportation, and possession of firearms;

(B) Knowledge of federal, state, and local laws pertaining to the use of firearms, including, but not limited to, use of a pistol or revolver for self-defense and restrictions on the use of deadly force;

(D) Knowledge or aptitude in any other area deemed necessary for licensure by the chief of police of the appropriate county.

A photocopy of an affidavit from the certified instructor or standard government form from the government agency providing the training, attesting to the successful completion of the training, shall constitute evidence of qualification under this paragraph;

(6) Does not chronically and habitually use intoxicating liquor or other substances to the extent that the person's normal faculties are impaired. It shall be presumed that an applicant chronically and habitually uses intoxicating liquor or other substances to the extent that the person's normal faculties are impaired if the applicant:

(A) Has been committed under the substance abuse provisions of chapter 334;

(B) Has been convicted of any offense relating to a dangerous, harmful, or detrimental drug, intoxicating compound or liquor, or marijuana under part IV of chapter 712;

(D) Has had two or more convictions under section 291E‑61, or similar laws of any other state, within the three-year period immediately preceding the date on which the application is submitted;

(7) Desires a legal means to carry a concealed pistol or revolver for lawful purposes;

(8) Has not been adjudicated incapacitated or an incapacitated person as defined under section 554B-1 or 560:5-102, or similar laws of any other state, unless five years have elapsed since the applicant's restoration to capacity by court order;

(9) Has not been committed to a mental institution under chapter 334, or similar laws of any other state, unless the applicant produces a certificate from a licensed psychiatrist that the applicant has not suffered from disability for at least five years prior to the date of submission of the application, and is highly unlikely to relapse;

(10) Has not had adjudication of guilt withheld or imposition of sentence suspended on any felony, unless three years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been sealed or expunged;

(11) Has been deemed a suitable person to be so licensed by the issuing police officer through means of a face-to-face interview; and

(12) Has met the requirements of subsection (d)(6).

(b) The chief of police of the appropriate county may deny a license if the applicant has been found guilty of one or more crimes of violence constituting a misdemeanor, unless three years have elapsed since probation or any other conditions set by the court have been fulfilled, or the record has been sealed or expunged. The chief of police may deny a license if the applicant has been found guilty of one or more crimes of violence constituting a felony, unless the record has been expunged. The chief of police may revoke a license if the licensee has been found guilty of one or more misdemeanor or felony crimes of violence within the preceding three years, and shall revoke the license if so ordered by the court. The chief of police, upon notification by a law enforcement agency, a court, or the attorney general, and subsequent written verification, shall suspend a license or the processing of an application for a license if the licensee or applicant is arrested or formally charged with a crime that would disqualify the person from having a license under this section. Upon final disposition of the case, the chief of police shall grant, revoke, or reinstate the license as appropriate.

(c) The application shall be completed, under oath, on a form prescribed by the attorney general, which shall be uniform throughout the State, and shall include:

(1) The name, address, place and date of birth, race, and occupation of the applicant;

(2) A statement that the applicant is in compliance with criteria contained within subsections (a) and (b);

(3) A statement that the applicant has been furnished a copy of this chapter and applicable administrative rules adopted hereunder, and is knowledgeable of their provisions;

(4) A conspicuous warning that the application is executed under oath and that a false answer to any question, or the submission of any false document by the applicant, subjects the applicant to criminal prosecution under section 134-17(a); and

(5) A statement that the applicant desires a concealed pistol or revolver license for lawful purposes.

(d) The applicant shall submit to the chief of police of the appropriate county:

(1) A completed application as described in subsection (c);

(2) A nonrefundable license fee not to exceed $10. If any individual described in section 134-11(a)(1) or (4) wishes to receive a concealed pistol or revolver license, the person is exempt from the background investigation and all background investigation fees, but shall pay the current license fees regularly required to be paid by nonexempt applicants; provided further that the person is exempt from the required fees and background investigation for a period of one year subsequent to the date of retirement of the person;

(3) A full set of fingerprints of the applicant administered by a law enforcement agency. Costs for processing the set of fingerprints shall be borne by the applicant;

(4) A photocopy of a certificate or an affidavit or document as described in subsection (a)(5);

(5) A full frontal view color photograph of the applicant taken within the preceding thirty days, in which the head, including hair, measures seven-eighths of an inch wide and one and one-eighth inches high; and

(6) A written psychological evaluation that finds the applicant to be free from any emotional or mental condition that might adversely affect the ability of the applicant to carry a concealed pistol or revolver in a safe, lawful, and responsible manner. The psychological evaluation shall have been performed within six months prior to the date of application. Emotional and mental condition shall be evaluated by either of the following:

(A) A licensed psychiatrist who has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued after completion of the postgraduate medical residency education program in psychiatry; or

(B) A licensed psychologist who has at least the equivalent of five full-time years of experience in the diagnosis and treatment of emotional and mental disorders, including the equivalent of three full-time years accrued post-doctorate.

Any costs associated with obtaining the psychological evaluation shall be borne by the applicant.

(e) The chief of police of the appropriate county, upon receipt of the items listed in subsection (d), shall forward within three working days the full set of fingerprints of the applicant to the attorney general and the Federal Bureau of Investigation for state and federal identification processing; provided the federal service is available. The cost of processing the fingerprints shall be borne by the applicant and be payable to the processing agency. The chief of police shall provide fingerprinting service, if requested by the applicant, and may charge a fee not to exceed $5 for this service. The chief of police, within forty-five days after the date of receipt of the items listed in subsection (d), shall:

(1) Issue the license;

(2) Deny the application based solely on the ground that the applicant fails to qualify under subsection (a) or (b). Upon a denial of the application, the chief of police shall notify the applicant in writing, stating the ground for denial and informing the applicant of any right to a hearing pursuant to subsection (k); or

(3) Suspend the time limitation prescribed by this paragraph if the chief of police receives criminal history information with no final disposition on a crime that may disqualify the applicant until receipt of the final disposition or proof of restoration of civil and firearm rights.

If a legible set of fingerprints, as determined by the attorney general or the Federal Bureau of Investigation, cannot be obtained after two attempts, the attorney general shall determine eligibility based upon appropriate record checks conducted by the criminal justice data center. If the chief of police fails to issue or deny the license within forty-five days after the date of receipt of the items listed in subsection (d) or within such further time as may be necessary under subsection (e)(3), the application shall be deemed denied and the applicant shall have the right to a hearing as provided in subsection (k).

(f) The licensee shall carry the license, together with valid identification, at all times in which the licensee is in possession of a concealed pistol or revolver and shall display both the license and proper identification upon demand by a law enforcement officer. Violations of this subsection shall constitute a petty misdemeanor, provided that the maximum term of imprisonment shall be three days, and the maximum fine shall be $500.

(g) The attorney general shall maintain an automated listing of license holders and pertinent information, which shall be available on the internet, upon request, at all times to all law enforcement agencies through the criminal justice data center.

(h) Within thirty days after the changing of a permanent address, or within thirty days after having a license lost or destroyed, the licensee shall notify the chief of police of the appropriate county of the change or loss. Failure to notify the appropriate chief of police pursuant to this subsection shall constitute a noncriminal violation with a penalty of a $25 fine.

(i) If a concealed pistol or revolver license is lost or destroyed, the license shall be automatically invalid, and the person to whom the license was issued, upon payment of $15 to the appropriate chief of police, may obtain a duplicate, or substitute thereof, upon furnishing a notarized statement to the chief of police that the license has been lost or destroyed.

(j) A license issued under this section shall be suspended or revoked by the chief of police of the appropriate county if the licensee is found to be or subsequently becomes ineligible under the criteria set forth in subsection (a) or (b).

(k) Any person denied a license, or who has a license suspended or revoked under this section shall have the right to a hearing on the denial, suspension, or revocation, subject to the requirements for contested cases and judicial review under chapter 91.

(l) Not less than ninety days prior to the expiration date of a license, the chief of police of the appropriate county shall mail to the licensee a written notice of the expiration and a renewal form prescribed by the attorney general, which shall be uniform throughout the State. The licensee must renew the license, on or before the expiration date, by filing with the chief of police the renewal form containing: a notarized affidavit stating that the licensee remains qualified pursuant to the criteria specified in subsections (a) and (b); a new color photograph as specified in subsection (d)(5); and the required renewal fee. The license shall be renewed upon receipt of the completed renewal form, color photograph, appropriate payment of fees, and, if applicable, a completed fingerprint card. A licensee who fails to file a renewal application on or before its expiration date shall be assessed a late fee of $15. No license shall be renewed six months or more after its expiration date, and the license shall be deemed to be permanently expired. A person whose license has permanently expired may reapply for licensure; however, an application for licensure and fees pursuant to subsection (d) shall be submitted, and a background investigation shall be conducted pursuant to this section. Any person who knowingly submits false information pursuant to this subsection shall be subject to criminal prosecution under section 134-17(a).

(m) No license issued pursuant to this section shall authorize any person to carry a concealed pistol or revolver into any:

(1) Place of nuisance pursuant to section 712-1270;

(2) Police station, with the exception of police officers who are so authorized;

(3) Detention facility, prison, or jail;

(4) Courthouse, except where permitted by subsection (m)(5);

(5) Courtroom, except that nothing in this section shall preclude a judge from carrying a concealed weapon or determining who may carry a concealed weapon in the courtroom;

(6) Polling place;

(7) Meeting of the governing body of a county or any political subdivision, the board of education, or any neighborhood board;

(8) Meeting of the legislature or a committee thereof;

(9) School administration building;

(10) Elementary or secondary school facility;

(11) Designated federal security screening area within the passenger terminal and sterile area of any airport;

(12) Locked psychiatric units; and

(13) Any place where the carrying of a firearm is prohibited by state or federal law.

Any person who intentionally or knowingly violates any provision of this subsection shall be guilty of a class C felony.

(n) All funds received by a county police department pursuant to this section shall be deposited into the general fund of the respective county and shall be budgeted to the police department.

(o) The attorney general shall maintain statistical information on the number of licenses issued, revoked, suspended, and denied.

(p) A license granted under this section shall only entitle the licensee to carry concealed pistols or revolvers with magazine capacities of ten rounds or less and that do not contain magnum caliber ammunition."

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,~~] 134- , 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 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 who is a citizen of the United States by using the National Instant Criminal Background Check System before any determination to issue a permit or to deny an application is made. If the applicant is not a citizen of the United States and may be eligible to acquire a firearm under this chapter, the issuing authority shall perform an inquiry on the applicant, by using the National Instant Criminal Background Check System, to include a check of the Immigration and Customs Enforcement databases, before any determination to issue a permit or to deny an application is made."

SECTION 3. Section 134-11, Hawaii Revised Statutes, is amended to read as follows:

"§134-11 Exemptions. (a) Sections 134-7 [~~to 134-9 and~~] to 134-8, 134-21 to 134-27, and 134- , 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.

(b) Sections 134-2 and 134-3 shall not apply to such firearms or ammunition that are a part of the official equipment of any federal agency.

(c) Sections 134-8, [~~134-9, and~~] 134-21 to 134-27, and 134- , 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 4. Section 134-23, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as provided in [~~section~~] sections 134-5[,] and 134- , 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."

SECTION 5. Section 134-24, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as provided in [~~section~~] sections 134‑5[,] and 134- , 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."

SECTION 6. Section 134-25, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as provided in sections 134-5 and [~~134-9,~~] 134- , 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."

SECTION 7. Section 134-26, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(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.~~] 134- ."

SECTION 8. Section 134-27, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Except as provided in sections 134-5 and [~~134-9,~~] 134- , 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."

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

["~~§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 who is a citizen of the United States of the age of twenty-one years or more or to a duly accredited official representative of a foreign nation of the age of twenty-one years or more to carry a pistol or revolver and ammunition therefor concealed on the person within the county where the license is granted. 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 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 11. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 12. 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, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 13. The revisor of statutes shall revise as appropriate any references to section 134-9 listed in Hawaii Revised Statutes.

SECTION 14. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	274
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII