The Revised Laws of Hawaii 790-94 (1925)

The Revised Laws of Hawaii 790-94 (1925)

Abstract

Chapter 128 imposed a comprehensive firearm and ammunition registration and permitting system in the Territory of Hawaii. Residents, businesses, and other possessors were required to report firearms and ammunition to the county sheriff, including the type, manufacturer, and factory number when available. Sheriffs maintained records and periodically forwarded copies to the governor. Firearms and ammunition dealers faced additional reporting requirements concerning their inventory, imports, and every sale or transfer. Retail purchasers generally had to obtain a written permit from the sheriff before acquiring a firearm or pistol/revolver ammunition. Dealers had to record the transaction, obtain the purchaser’s signature, report it to the sheriff, and could not deliver the item on the same day as the transaction. Violations were misdemeanors punishable by fines up to $500, imprisonment up to one year, or both; informants could receive half of an imposed fine. Aliens faced additional restrictions: obtaining a permit required written recommendations from two responsible citizens, and generally required an annual $5 license, although business-related firearm use could qualify for a fee exemption. Aliens possessing firearms or ammunition without complying with these requirements faced misdemeanor penalties. Registration records were generally confidential, accessible only at the governor’s request or by court order. Violations of the chapter could result in fines up to $500, while sheriffs improperly disclosing records faced fines up to $25. Federal, territorial, militia, county, and municipal authorities carrying arms in their official capacities were exempt from the reporting requirements.

Summary

Imposed comprehensive firearm and ammunition registration, dealer reporting, and purchaser-permit requirements, with additional licensing and documentation requirements for aliens, criminal penalties for violations, confidential registration records, and exemptions for government and militia personnel carrying arms officially.

Law Text

CHAPTER 128 Sec. 2136. Report to county clerk. Except as otherwise provided by law, any person, firm, corporation or copartnership, resident or doing business within the Territory having in his, its or their possession any fire-arm or fire-arms or any ammuntion capable of causing death or inficting great personal injury, who shall fail to file a description of the same in the manner provided by this chapter shall be deemed guilty of a misdemeanor and punished as this chapter provides. Any person, firm, corporation or copartnership being in possession of such fire-arm or fire-arms and or ammunition, shall file with the sheriff of the county or city and county in which he, they or it resides or does business, a description of the fire-arm or fire-arms or and ammunition owned by him, it or them, or in his, its or their possession, which description shall set forth the class of fire-arm or fire-arms or and ammunition so owned and possessed, together with the name of the maker and the factory number when such number appears on said fire-arm or fire-arms or ammunition. In all cases where the owner or possessor of such fire-arm or fire-arms or and ammunition is unable to furnish all of the information herein and hereby required, he shall furnish as much as may be possible and in such manner as may be required by the sheriff. Sec. 2137. Form or report. It shall be the duty of the sheriff to prepare and furnish to all persons applying therefor, proper blanks upon which such information shall be furnished, in the following form: REPORT OF FIRE-ARMS AND AMMUNITION IN POSSESSION. By . . . Residing at number . . . Street (or locality) . . . Territory of Hawaii . . . 19 . . . . . . I hereby certify that the above and foregoing list contains a full, true and correct statement and description of all the fire-arms and ammunition owned by me or in my possession during the period from . . . to . . . 19 . . . Signature of owner or possessor. Sec. 2138. Information recorded and furnished governor. It shall be the further duty of the sheriff to enter in a book to be provided for such purpose all information thus furnished him relative to the ownership and possession of fire-arms and ammunition, which book shall be an exact duplication of the descriptions furnished; and further to furnish to the governor not later than the 20th day of January and the 20th day of July of each and every year, an exact report and complete copy of the descriptions and information so furnished as aforesaid. Sec. 2139. Further information. It shall be the duty of every person, firm, corporation and copartnership dealing in fire-arms or and ammunition, to furnish to the sheriff of the county or city and county in which such person resides or wherein such business is carried on, on the first day January and the first day of July of each and every year, a list of all firearms and ammunition in his, their or its possession, and likewise at the times mentioned furnish to such sheriff a list of all arms brought into the Territory, in transit or otherwise, by him, them or it during the six months next preceding such date upon which such list and description is required to be filed; the lists thus to be furnished by such dealers in fire-arms and ammunition shall comply as nearly as possible with the requirements of sections 2136 and 2137, as may be determined by such sheriff. Sec. 2140. Sale of fire-arms or ammunition; report. Whenever any person, firm, corporation or copartnership, dealing in or keeping for sale fire-arms or ammunition, shall make a sale of any fire-arms or ammunition, or shall in any manner dispose of the same to another person, it shall be the duty of such person, firm, corporation or copartnership forthwith to report the same to the sheriff of the county or city and county in which such person, firm, corporation or copartnership resides, or wherein such sale or disposition takes place; and such report shall contain the name of the owner, the name of the purchaser, the date of the sale and description of the fire-arms or ammunition sold, as the case may be, together with the factory number of the fire-arm; and also such other information as shall comply as nearly as possible with all the requirements of this chapter. Sec. 2141. No sale without permit to purchase; report; delivery when. No person dealing in fire-arms or pistol or revolver ammunition shall make an individual or retail sale of any such article unless the person desiring to acquire such article shall have first obtained from the sheriff or deputy sheriff of the county or city and county in which he may be at the time a written permit to acquire such article. The person desiring to acquire such article shall deliver the written permit to the dealer, and if the sale or transfer is effected, the dealer shall make a written statement, in duplicate, of such sale or transfer, setting forth the name, address and nationality of the person acquiring such article and a full and complete description of such article. The person acquiring such article shall personally sign such statement, in duplicate. One copy of such statement shall, immediately after the delivery of such article be transmitted to the sheriff or deputy sheriff of such county or city and county, and one copy of such statement shall be retained by the dealer. No such article shall be delivered to the person desiring to acquire the same on the day in which the transaction for the sale or transfer thereof is made. Sec. 2142. Penalties. Any person who shall violate any provision of section 2141 and any person who shall acquire any of the articles from any dealer without having first obtained the permit aforesaid, or without having personally signed the statement of sale or transfer aforesaid, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for a term of not more than one year, or by both such fine and imprisonment. Any person furnishing information leading to the conviction of any person violating any provision of section 2141 shall be paid an amount equal to one-half of the fine that may be imposed against the person convicted. Sec. 2143. Permit to aliens; where. The permit mentioned in section 2141 shall not be issued to any alien until the applicant has filed with the sheriff or a deputy sheriff of the county or city and county a request in writing, signed by two responsible citizens requesting that such permit be issued, and recommending and vouching for the applicant. Aliens obtaining permit as prescribed by the above section shall be required to secure an annual license from the treasurer of the county or city and county, and to pay to the treasurer an annual license tax of five dollars; provided, however, that to aliens who must necessarily use fire-arms in carrying on their business, such as rice planting, such license shall be issued free of charge upon a certificate from the sheriff of the county or city and county in which they carry on such business to the effect that the fire-arms and ammunition mentioned in their permit are necessary to the conduct of their business. Sec. 2144. Unlawful possession by alien; penalty. Any alien person found in the possession of any fire-arm or fire-arms or any ammunition without having complied with the provisions of section 2143 shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars or imprisonment for not more than one year, or by both such fine and imprisonment, in the discretion of the court. Sec. 2145. Records made public when. The records provided by this chapter to be kept shall not be treated as records subject to public inspection, and the facts therein set forth shall be made public by such sheriff or sheriffs only upon the request of the governor, or upon the order of court for the purposes of procuring and introducing evidence showing tending to show a violation of this chapter. Sec. 2146. Penalties. Any person found in the possession of any firearm or fire-arms or any ammunition without having complied with the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction therefor shall be fined by the court of appropriate jurisdiction in a sum of not more than five hundred dollars. Any person, firm, corporation or copartnership failing to file any information herein required to be filed, shall be deemed guilty of a misdemeanor and upon conviction shall be fined by the court of appropriate jurisdiction not more than five hundred dollars. Any sheriff divulging any of the information contained in such records other than as herein permitted shall be deemed to be guilty of a misdemeanor and fined in a sum not exceeding twenty-five dollars. Sec. 2147. Exceptions. Nothing in this chapter sct forth shall be held to require any of the authorities of the United States of America carrying arms by virtue of their office, nor any of the authorities of the Territory of Hawaii, including the organized militia, carrying arms by virtue of their office, nor any of the authorities of any county or municipality so carrying arms, to furnish the description or information herein required.