*UPDATE* 4/5/19 HB720 Lost/Stolen reporting PASSED Senate 24-1; to Ige to sign (Read 7697 times)

punaperson

[See post #13 below for 4/05/19 update...]

SEE POST #5 BELOW FOR UPDATE...

(Not yet officially) introduced by C. Lee. Virtually identical to SB 621 re mandatory reporting and penalties associated with lost or stolen firearms. May be the House "companion bill" to the Senate version. ADDS another section that mandates reporting by a firearms seller licensee if an ineligible person attempts to purchase a firearm. No separate additional penalty for that act, but allows for revocation of license for failing to report.

https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=720&year=2019

HB720       

Measure Title:   RELATING TO FIREARMS.
Report Title:   Firearm; Reporting; Lost, Stolen, or Destroyed Firearms; License
Description:   Requires firearm owners to report lost, stolen, or destroyed firearms. Requires firearm licensees to report attempted unlawful purchases of firearms as a condition of the license to sell and manufacture firearms.

Introducer(s):   C. LEE

Sort by Date       Status Text
1/18/2019   H   Pending introduction.

[Section 134-A is almost word for word the same as Nishihara's SB621]

§134-B  Attempt to purchase firearm unlawfully; duty to report.  (a)  A licensee shall report, as promptly as is reasonably practicable, to the police department in the county within which the licensee is licensed any attempt to purchase a firearm from the licensee when the attempt was unsuccessful due to the licensee's recognition that the purchase would be unlawful.

     (b)  The report by a licensee pursuant to subsection (a) shall include:

     (1)  The name, description, and address of the person who attempted to unlawfully purchase a firearm; and

     (2)  All facts pertinent to the attempted purchase, to the best of the licensee's recollection.

     (c)  The chief of police of the county in which the attempted purchase was reported shall transmit the information received from a licensee pursuant to subsection (b) to the police departments in all other counties in the State within two days after receiving the report."

* * * * *
The bill: https://www.capitol.hawaii.gov/session2019/bills/HB720_.HTM
« Last Edit: April 05, 2019, 08:25:46 PM by punaperson »

6716J

...ADDS another section that mandates reporting by a firearms seller licensee if an ineligible person attempts to purchase a firearm. No separate additional penalty for that act, but allows for revocation of license for failing to report....

How would an FFL know if an ineligible person attempts to purchase? They don't do background checks at the stores. Would this mean that HPD will be held liable as they are they only ones who perform background checks for firearm purchases? Can they have all of their firearms taken away too? Now if they allowed the individual FFLs to perform BGCs as they do in most other states, I could almost see this, but the key word is knowingly. BCG comes back approved, it's good to go for them legally. The onus is on the reporting agencies.

Another stupid action that has ZERO bearing. It's a feel good statement.
I'd rather have a bottle in front of me, than a frontal lobotomy.

Flapp_Jackson

How would an FFL know if an ineligible person attempts to purchase? They don't do background checks at the stores. Would this mean that HPD will be held liable as they are they only ones who perform background checks for firearm purchases? Can they have all of their firearms taken away too? Now if they allowed the individual FFLs to perform BGCs as they do in most other states, I could almost see this, but the key word is knowingly. BCG comes back approved, it's good to go for them legally. The onus is on the reporting agencies.

Another stupid action that has ZERO bearing. It's a feel good statement.

"attempts to purchase".

On the (rare?) occasion a prohibited person fills out the ATF 4473 (done at the FFLs place of business), and the licensee notices one or more answers on the questionnaire makes the person prohibited, it's up to the shop whether they report it or just turn the customer away with no further action.

For instance, if a woman tries to buy a gun for her boyfriend (who is likely prohibited), she's guilty of attempting to make a straw purchase. Is that even a crime if the sale never happens?

Lying on the form is a crime (perjury), but to tell the truth hoping to get the gun anyway ... that in and of itself normally just halts the sale.  The new law would require those instances where the prospective buyer "outs" themselves as prohibited would now get reported.

Personally, I see it as filling a "gap" in enforcing existing law, potentially applying consequences to attempting to buy guns when you know you can't.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

changemyoil66

"attempts to purchase".



Lying on the form is a crime (perjury), but to tell the truth hoping to get the gun anyway ... that in and of itself normally just halts the sale.  The new law would require those instances where the prospective buyer "outs" themselves as prohibited would now get reported.


That's why you fill out the name section last, after answering all the questions 1st. #loophole

Flapp_Jackson

That's why you fill out the name section last, after answering all the questions 1st. #loophole

At least at OGC, you have to present ID so they can make a copy before you start the questionnaire.

Sneaky.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

punaperson

Re: *UPDATE* HB720 Lost/Stolen reporting HEARING Thursday, March 28, 2019
« Reply #5 on: March 22, 2019, 01:40:35 PM »
Testimony due Wednesday, March 27, 2019 BY 9:45 AM.

https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=720&year=2019

COMMITTEE ON JUDICIARY

Senator Karl Rhoads, Chair

Senator Glenn Wakai, Vice Chair

NOTICE OF DECISION MAKING

DATE:

Thursday, March 28, 2019

TIME:

9:45am

Decision making meeting only, no oral testimony will be accepted.

Persons wishing to submit written testimony may do so up to 24 hours prior to the hearing.


tillamook

Re: *UPDATE* HB720 Lost/Stolen reporting HEARING Thursday, March 28, 2019
« Reply #6 on: March 22, 2019, 01:52:07 PM »


Decision making meeting only, no oral testimony will be accepted.


ah, I see they solves the old "ignoring email testimony" problem they had. 

zippz

Re: *UPDATE* HB720 Lost/Stolen reporting HEARING Thursday, March 28, 2019
« Reply #7 on: March 26, 2019, 11:39:00 PM »
Send your testimonies in.  I suspect SB1466 (incl the RAPBACK fee suspension) will be killed and they will go with this bill instead.

punaperson

Even Gabbard voted for it.

[Unsolicited personal opinion: This state is a piece of shit re our rights.]

3/28/2019   S   The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 3 Aye(s): Senator(s) K. Rhoads, Gabbard, Kim; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Wakai, Fevella.

Flapp_Jackson

Even Gabbard voted for it.

[Unsolicited personal opinion: This state is a piece of shit re our rights.]

3/28/2019   S   The committee(s) on JDC recommend(s) that the measure be PASSED, UNAMENDED. The votes in JDC were as follows: 3 Aye(s): Senator(s) K. Rhoads, Gabbard, Kim; Aye(s) with reservations: none ; 0 No(es): none; and 2 Excused: Senator(s) Wakai, Fevella.

I predict a rash of boating accident reports a month after this is effective.   :rofl:
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

changemyoil66

I predict a rash of boating accident reports a month after this is effective.   :rofl:

I don't see it happening right away.  Only if your home gets broken into, then a boating accident may occur.

zippz

HB720 will go to a final floor vote, then if it's passed, will go to the Governor's desk.

punaperson

HB720 will go to a final floor vote, then if it's passed, will go to the Governor's desk.
:rofl: :rofl: :rofl: :rofl: :rofl:  :shaka:

punaperson

On the governor's desk. 24 to 1... only Fevella voting against. This place is a fucking piece of shit.

4/5/2019   S   Report adopted; Passed Third Reading. Ayes, 24; Aye(s) with reservations: none . Noes, 1 (Senator(s) Fevella). Excused, 0 (none). Transmitted to House.
4/5/2019   H   Returned from Senate (Sen. Com. No. 661).
4/5/2019   H   Transmitted to Governor.

RSN172

They can be proud of the fact that after they pass all these laws to restrict gun rights, only the “good” boys will be possessing and carrying guns in Hawaii.  That should make all of us sleep better at night.
Happily living in Puna

Heavies

6716J

I love the People's Republic of Hawaii  >:(  :grrr:
I'd rather have a bottle in front of me, than a frontal lobotomy.

Direjackalope

We didn't get in this hole in a year.  It'll take more than a year to dig ourselves out.  At least there was 1 vote against.  That's something we can build on.

hvybarrels

I think the reason they pushed this one through was because of that cop who got into trouble with all the Kealoha biz and was instructed by the court to turn in his guns and then reported the valuable ones as stolen. Don't remember the names but I think it was sometime last year.
Stop blaming lazy people. We didn’t do anything.

Heavies

I think the reason they pushed this one through was because of that cop who got into trouble with all the Kealoha biz and was instructed by the court to turn in his guns and then reported the valuable ones as stolen. Don't remember the names but I think it was sometime last year.
I think they pushed this through is so when they push through ban and confiscation, you can't say, "sorry I had a terrible boating accident" without repercussion.

Simple as that. One more base covered by the gun grabbing tyrants.