§134-7.5 - Seizure of firearms in domestic abuse situations; requirements; return of. - Hawaii Statutes

     [§134-7.5]  Seizure of firearms in domestic abuse situations; requirements; return of.  (a)  Any police officer who has reasonable grounds to believe that a person has recently assaulted or threatened to assault a family or household member may seize all firearms and ammunition that the police officer has reasonable grounds to believe were used or threatened to be used in the commission of the offense.  The police officer may seize any firearms or ammunition that are in plain view of the officer or were discovered pursuant to a consensual search, as necessary for the protection of the officer or any family or household member.  Firearms seized under this section shall be taken to the appropriate county police department for safekeeping or as evidence.

     (b)  Upon taking possession of a firearm or ammunition, the officer shall give the owner or person who was in lawful possession of the firearm or ammunition a receipt identifying the firearm or ammunition and indicating where the firearm or ammunition can be recovered.

     (c)  The officer taking possession of the firearm or ammunition shall notify the person against whom the alleged assault or threatened assault was inflicted of remedies and services available to victims of domestic violence, including the right to apply for a domestic abuse restraining order.

     (d)  The firearm or ammunition shall be made available to the owner or person who was in lawful possession of the firearm or ammunition within seven working days after the seizure when:

     (1)  The firearm or ammunition are not retained for use as evidence;

     (2)  The firearm or ammunition are not retained because they are possessed illegally;

     (3)  The owner or person who has lawful possession of the firearm or ammunition is not restrained by an order of any court from possessing a firearm or ammunition; and

     (4)  No criminal charges are pending against the owner or person who has lawful possession of the firearm or ammunition when a restraining order has already issued. [L 1996, c 201, §1]