2018-04-02 Letter to Scott Y. Nishimoto and Joy A. San Buenaventura re: SB 2436, SD 1 Relating to Voluntary Surrender of Firearms

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Harry Kim Afaj'or (foul/till (t)ffirr 11 Wil Okabe Alanaging Director Barbara J. Kossow Depuo,7 Managing Director 25 Aupuni Street, Suite 2603 • Hilo, Hawaii 96720 • (808) 961-8211 • Fax (808) 961-6553 KONA: 74-5044 Ane Keohokalole Hwy., Bldg C • Kailua-Kona, Hawaii 96740 (808) 323-4444 • Fax (808) 323-4440 April 2, 2018 Representative Scott Y. Nishimoto, Chair Committee on Judiciary Hawaii State Capitol, Room 325 Honolulu, HI 96813 Representative Joy A. San uenaven u a, Vice -Chair Committee on Judiciary Hawaii State Capitol, Room 325 Honolulu, HI 96813 Dear Chair Nishimoto, Vice -Chair San Buenaventura, and Committee Members: Re: SB 2436, SD 1 Relating to Voluntary Surrender of Firearms Hearing Date: 04/04/2018 — 2:00 pm; House Conference Room 325 I support SB 2436, SD 1. The time immediately after a person is disqualified from possessing a firearm can be stressful and hazardous, and therefore 1 agree that surrender time should be shortened. Requiring that all firear s be turned in even faster than seven days may be too controversial to survive the legislative process, and perhaps this grace period is necessary. However, it would seem that the greatest risk exists at the time when disqualification occurs. Emotions are presumably at their highest right then, and it would be best to act quickly to avoid danger to self and others. If the Legislature were willing to impose a 48-hour limit, 1 would applaud you. Some argue that there is a problem when it comes to surrendering what is valuable property. Therefore, as a separate but related matter, in reviewing Chapter 134, HRS, it might be recognized that there is a discrepancy that could be addressed in this bill to ease one of the opponents' concerns. Although I know better than to think it would win you any friends or reduce the opposition, 1 offer the following thought: Section 134-7.3 provides explicitly that firearms surrendered under subsection (c) "shall be held in police custody until the person has been medically documented to be no longer adversely affected as provided in section 134-7 or until transferred or sold by the owner." For subsections 134-7.3 (a) and (b), there is no comparable direction to the chief to hold the weapons, even though the disqualifications under (a) and (b) may not be permanent (for example, a person may be convicted of a crime but the conviction is later reversed). It seems to me that our statute ought to provide that in every case of firearm surrender or seizure (whether under (a) or (b) or (c)), the weapons will be held in custody while the owner pursues his or her legal options to recover, transfer„ or sell those firearms. This is probably already done, but it ought to be an explicit part of the law. arry Kim Mayor, County of Hawaii County ol ilawa— is an 1',qual Opportunity Provider and Employer.