THE SENATE	S.B. NO.	2957
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to mental health.

 

 

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 I to be appropriately designated and to read as follows:

     "§134-    Medical clearance.  (a)  Any individual applying for a permit to acquire the ownership of a firearm shall provide, as part of the permit application, a medical clearance by the individual's primary care physician or psychiatrist who has examined the applicant no more than ninety days prior to submission of the application.  The primary care physician or psychiatrist shall provide a medical clearance for any individual who has no diagnosis, as of the time of the examination, of any medical condition that could make the individual a danger to self or a danger to others.

     (b)  For the purposes of this section:

     "Danger to others" means a serious threat or attempt to injure another person with the use of a firearm or other dangerous or deadly weapon.

     "Danger to self" means a serious threat of, or attempted, suicide with the use of a firearm or other dangerous or deadly weapon.

     "Primary care physician" means a licensed physician who practices internal medicine, family practice, or pediatrics, and is designated by the patient as a primary care physician to the patient's insurance provider."

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

     "(b)  The permit application form shall include the applicant's name, address, sex, height, weight, date of birth, place of birth, country of citizenship, social security number, alien or admission number, [and] information regarding the applicant's mental health history, and medical clearance as required by section 134-  , and shall require the fingerprinting and photographing of the applicant by the police department of the county of registration; provided that where fingerprints and photograph are already on file with the department, these may be waived."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 1, 2015.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Mental Health; Medical Clearance; Firearms

 

Description:

Requires individuals applying for a permit to acquire a firearm to be cleared by the individual's primary care physician or psychiatrist.  Requires the primary care physician or psychiatrist to clear any individual who has no current diagnosis of any medical condition that could make the individual a threat to self of others.  Effective 1/1/2015.

 

 

 

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