another bunch of lies in testimony in favor of this bill. And a slap in the face from the HRA.
Rep. Cynthia Thielen
3:29 PM (2 hours ago)
to me
Thank you very much for your email regarding Senate Bill 69 (Relating to Firearms). This bill has been amended numerous times throughout this session, so I wanted to start off by summarizing the current version of the bill:
- Requires persons arriving in the state of Hawaii with firearms to undergo a background check using the National Instant Criminal Background Check System (NICBCS) and get fingerprinted and photographed before registering the firearm with the county police department
- Extends the time period for registering the firearm for the abovementioned persons from 3 to 5 days
- Waives the photograph/fingerprinting requirement for individuals who already have photographs and fingerprints on file with the police department (i.e. a resident who has already undergone a background check for previous firearms registration)
- Authorizes the police departments to assess a fee for conducting a fingerprint check and specifies the amount of the fee (which is equal to the amount the FBI charges the police department to conduct the fingerprinting/background check)
I have received numerous testimonials regarding this bill, with a majority in opposition. Much of the opposition testimony includes similar concerns:
- Hawaii already has some of the most onerous gun laws in the country. Why do we need more restrictions?
- This law will not actually prevent any criminals or mentally-ill individuals from gaining access to firearms.
- Criminals do not register their firearms anyway
- This law will place further costs and burdens upon our already over-burdened police staff.
- This law is one further erosion to our Second Amendment right to bear arms.
I understand that this issue is a particularly sensitive issue for many people, myself included. I strongly believe in and support the Bill of Rights and the Second Amendment.
That being said, I have received some very persuasive testimony by the Hawaii Rifle Association, which is the Hawaii state affiliate of the National Rifle Association, in support of this bill. The Hawaii Rifle Association brought up the following salient points in their testimony:
“HRA supports background checks because criminals try to register firearms.”
“The Hawaii State Attorney General’s annual report on firearms. . . shows that for 2012, 227 permits (1%) were denied for cause state-wide. Over half (127) of the denials were because applicants had prior criminal convictions and another 25 were due to pending criminal charges. . . .”
“People with significant criminal records were denied. Although it is a class C felony to lie on the signed affidavit about criminal or mental health background, 157 of the denied applicants did so, yet few arrests are made. We respectfully suggest the Committee Report ask the County Prosecutors to examine why these individuals are not prosecuted.” (Underscores in original).
“Of the 50,394 firearms registered last year, nearly half, 23,548 (47%), not counting licensed dealer imports, were brought in from out of state.” (Underscores in original).
I understand that Hawaii has some of the strictest gun-control laws on the books. I also understand why many people are opposed to making the gun-registration process in Hawaii more difficult than it seemingly already is. Still, our State has enacted these laws by its duly elected Legislature. The philosophical debate about whether our current system of background checks for residents is too imposing is not what this bill is about. As I see it, there is currently a loophole in our firearms laws that allows some people to circumvent the required checks. This bill closes that loophole.
I was initially opposed to this bill until I was assured that Hawaii residents who have already undergone background checks for their personal firearms registry (as is required by Hawaii law) would not have to undergo an additional background check when bringing firearms into the state from somewhere else.
I was also initially opposed to this bill because I thought it would be both a) a waste of taxpayer resources and b) a waste of time, because most people who come to Hawaii with firearms are here to hunt or use the guns recreationally. But when I learned from testimony that nearly half of firearms registered annually are brought in from out of state, I was shocked. If 47% of firearms coming into our state can avoid background checks for the owners, there is a serious loophole in our current law that needs to be patched.
Aloha,
Cynthia
Representative Cynthia Thielen
Assistant Minority Leader
50th Representative District (Kailua – Kaneohe Bay)
Phone: (808) 586-6480
Fax: (808) 586-6481
repthielen@capitol.hawaii.gov
www.cynthiathielen.com