§806-11 Disposal of firearms. (a) At
the time of arraignment, the court shall order a defendant who is under
indictment for, or who has waived indictment for, or who has been bound over to
the circuit court for a felony, or any crime of violence, or an illegal sale of
any drug, to dispose of all firearms and ammunition within the defendant's
possession in a manner in compliance with the provisions of chapter 134 and
shall inform the defendant of the provisions of section 134-7(b) and section
134-12.5. The defendant shall comply with an order issued pursuant to this
section within forty-eight hours of the issuance of such order. A defendant's
compliance with the forty-eight hour requirement of this section shall not give
rise to a prosecution for violations of sections 134-2, 134-3 or 134-4.
(b) The court shall immediately notify the
chief of police of the county where the defendant resides that the defendant
has been ordered to voluntarily surrender all firearms and ammunition to the
chief of police or dispose of all firearms and ammunition within the
defendant's possession.
(c) If the defendant fails to voluntarily
surrender all firearms and ammunition to the chief of police where the
defendant resides or dispose of the firearms and ammunition within forty-eight
hours of the issuance of the order, the chief of police may seize all firearms
and ammunition.
(d) For the purposes of this section, "dispose"
shall have the same meaning as provided in section 134-7.3. [L 1993, c 215, §4;
am L 2000, c 127, §4]
Notes of Decisions
Cited in
9
cases, 1996–2019 · leading case:
State v. Hussein. , 229 P.3d 313 (Haw. 2010).
State v. Hussein. , 229 P.3d 313 (Haw. 2010).
· cites it 2× “ation, occupation, and personal habits; (c) Information made available by the victim or other source concerning the effect that the crime committed by the defendant has had upon said victim, including but not limited to, any physical or psychological harm or financial loss…”
State v. Schaefer, 184 P.3d 805 (Haw. App. 2008).
· cites it 5× “Moreover, since no order appears to have been issued pursuant to HRS § 806-11, 10 subsection (d) of HRS § 706-602 was inapplicable to Appellants’ PSIs.”
State v. Barrios., 389 P.3d 916 (Haw. 2016).
“ation, occupation, and personal habits; (c) Information made available by the victim or other source concerning the effect that the crime committed by the defendant has had upon said victim, including but not limited to, any physical or psychological harm or financial loss…”
State v. Sinagoga, 918 P.2d 228 (Haw. App. 1996).
· cites it 2× “ation, occupation, and personal habits; (c) Information made available by the victim or other source concerning the effect that the crime committed by the defendant has had upon said victim, including but not limited to, any physical or psychological harm or financial loss…”
State v. Kong., 315 P.3d 720 (Haw. 2013).
“, economic status and capacity to make restitution or to make reparation to the victim or victims of the defendant's crimes for loss or damage caused thereby, education, occupation, and personal habits; (c) Information made available by the victim or other source concerning the…”
State v. Barnes., 450 P.3d 743 (Haw. 2019).
“tion, occupation, and personal habits; (c) Information made available by the victim or other source concerning the effect that the crime committed by the defendant has had upon said victim, including but not limited to, any physical or psychological harm or financial loss…”
State v. Durham, 254 P.3d 425 (Haw. 2011).
“ation, occupation, and personal habits; (c) Information made available by the victim or other source concerning the effect that the crime committed by the defendant has had upon said victim, including but not limited to, any physical or psychological harm or financial loss…”
Fisher v. Kealoha, 869 F. Supp. 2d 1203 (D. Haw. 2012).
“§§ 806-11 and 134-7. Compl. ¶ 17. On December 3, 1997, Plaintiff pled guilty to two counts of Harassment in the Family Court of the First Circuit, State of Hawaii, in the case of State of Hawaii v.”
State v. Durham. (Haw. 2011).
“ation, occupation, and personal habits; (c) Information made available by the victim or other source concerning the effect that the crime committed by the defendant has had upon said victim, including but not limited to, any physical or psychological harm or financial loss…”
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