THE SENATE	S.B. NO.	363
THIRTY-THIRD LEGISLATURE, 2025		S.D. 1
STATE OF HAWAII

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 I to be appropriately designated and to read as follows:

     "§134-    Place to keep firearm parts; penalty.  (a)  Except as provided in sections 134-5 and 134-9, all firearm parts shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry firearm parts 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.

     (b)  Any felon or prohibited person violating this section shall be guilty of a class B felony; provided further that any felon or prohibited person convicted under this section shall be sentenced to a term of probation of four years, with conditions to include a term of imprisonment of not less than one year without possibility of suspension of sentence."

     SECTION 2.  Section 134-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

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

     "Firearm parts" means any item that is specifically designed for or adapted for use in creating a firearm, including the barrel, bolt, slide, frame, receiver, or cylinder.

     "Prohibited person" means any person who cannot lawfully possess a firearm as defined by section 134‑7(a) and (b)."

     SECTION 3.  Section 134-8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Any person who possesses, installs, removes, or alters a firearm part with the intent to convert the firearm to an automatic firearm, regardless of whether the conversion is readily reversible, shall be deemed to have manufactured an automatic firearm in violation of subsection (a)."

     SECTION 4.  Section 134-23, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§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[.]; provided that a person convicted under this section shall be sentenced to a term of probation of four years, with conditions to include a term of imprisonment of not less than one year without possibility of suspension of sentence."

     SECTION 5.  Section 134-24, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§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[.]; provided that a person convicted under this section shall be sentenced to a term of probation of four years, with conditions to include a term of imprisonment of not less than six months without possibility of suspension of sentence."

     SECTION 6.  Section 134-25, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§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[.]; provided that a person convicted under this section shall be sentenced to a term of probation of four years, with conditions to include a term of imprisonment of not less than one year without possibility of suspension of sentence."

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval.

 

 

Report Title:

Firearms; Firearm Parts; Criminal Offenses; Penalties

 

Description:

Allows the carrying or possessing of firearm parts only at or between certain locations and in an enclosed container.  Defines firearm parts and prohibited persons.  Establishes and increases penalties for the carrying or possessing of certain firearms or firearm parts other than at or between specific locations and in an enclosed container.  (SD1)

 

 

 

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