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Bills to Watch Out For as Hawaii Legislature Picks up Steam

Friday, January 27, 2012

The 2012 Hawaii legislative season began on January 18, and with the January 25 bill introduction deadline having passed, the following gun-related measures are what remain from 2011 and what have been introduced for this year.  Of the measures listed below, the most onerous are House Bill 441, House Bill 834, House Bill 2028 and Senate Bill 2975.  We will keep you abreast of any and all developments on these bills as the session progresses. 

House Bill 417, introduced by state House Speaker Calvin Say (D-20), would require county chiefs of police to issue Hawaii Firearm Permits.  Senate Bill 835 is the companion measure introduced by state Senator Sam Slom (R-8), who also introduced Senate Bill 836, which would authorize chiefs of police to issue licenses to openly carry firearms.  HB 417 has been referred to the House Public Safety and Military Affairs Committee. (2011)  

House Bill 441, sponsored by state Representative Blake Oshiro (D-33), is a divisive six-point omnibus gun control measure that would mandate firearms be sold with safety devices, impose ammunition registration, include firearm and ammunition storage requirements for all dealers, prohibit disclosure of the source of information used to deny a firearm permit to purchase based on the applicant’s mental disorder, require the theft of a firearm be reported within 24 hours of the occurrence and prohibit import, sale and transfer of .50 BMG’s or cartridges.  Although Representative Oshiro no longer serves in office, HB 441 could be picked up by a fellow legislator.  This measure has also been referred to the House Public Safety and Military Affairs Committee. (2011) 

House Bill 679, introduced by state Representatives Ken Ito (D-48) and Sharon Har (D-40), would exempt NRA instructors from absolute liability for injury or damages caused by discharge of their firearms during the course of providing training to obtain a permit to acquire firearms.  The Senate companion is Senate Bill 834, sponsored by state Senator Sam Slom (R-8).  HB 679 is also sitting in the House Committee on Public Safety and Military Affairs. (2011) 

House Bill 834, introduced by state Representative Karl Rhodes (D-28), would make it unlawful for a person or entity to sell or distribute ammunition unless the purchaser shows proof that the firearm for which the ammunition is to be used is registered.  HB 834 is currently in the House Public Safety and Military Affairs Committee. (2011) 

House Bill 1526, also introduced by state Representatives Ken Ito and Sharon Har, is a shooting range protection bill that would prevent nuisance lawsuits against existing ranges.  Limiting the liability of those who own or use a shooting range will help save existing ranges from being forced to close and protect those involved with operating ranges from frivolous lawsuits.  The bill is pending in the House Energy and Environmental Protection Committee. (2011) 

House Bill 1950, introduced by state Representatives Clift Tsuji (D-3), Ken Ito (D-48), Pono Chong (D-49) and Mark Hashem (D-18), would restrict hunting to areas on public land where hunting is permitted, or to areas on private land where the landowner has granted written permission; allows transport and possession of firearms and ammunition in areas where hunting is permitted.  This bill has been assigned to the House Water, Land, and Ocean Resources Committee. (2012) 

House Bill 2028, introduced by state Representative Gilbert Keith-Agaran (D-9), establishes a legal mechanism by which an employer or employee may seek a temporary restraining order, or preliminary or permanent injunctive relief on their own behalf or on the behalf of others, to prohibit workplace violence or the threat of workplace violence.  Any temporary restraining would order that the respondent immediately and affirmatively surrender all firearms, ammunition, or ammunition loading, packing, or manufacturing devices in the respondent’s possession.  This measure also allows for the searching of vehicles to which the respondent has access.  HB 2028 has been assigned to the House Labor and Employment Committee. (2012) 

House Bill 2270, introduced by state Representatives George Fontaine (R-11), Kymberly Marcos Pine (R-43) and Gil Riviere (R-46), allows retired state and county law enforcement officers to continue to carry concealed weapons if they are in compliance with the federal Law Enforcement Officers Safety Act (LEOSA).  This bill has been assigned to the House Public Safety and Military Affairs Committee. (2012) 

House Bill 2880, introduced by state Representatives Mele Carroll (D-13), John Mizuno (D-30), and Kyle Yamashita (D-12), prohibits the state Department of Land and Natural Resources (DLNR) from entering into lease agreements of less than ten years for certain game management areas.  The bill also requires DLNR to seek a minimum ten-year lease for the Lanai game management area and creates a task force to promote the hunting industry on Lanai.  HB 2880 has yet to be assigned to a committee. (2012) 

Senate Bill 2368, introduced by state Senators Donovan Dela Cruz (D-22), Gilbert Kahele (D-2), and Malama Solomon (D-1), requires the Department of Land and Natural Resources to establish a statewide program, in cooperation with licensed hunters, to reduce the population of feral ungulates on public lands.  The bill has been referred to the Senate Water, Land, and Housing Committee. (2012) 

Senate Bill 2377, introduced by state Senator Donovan Dela Cruz (D-22), requires written permission from a landowner of privately owned land to allow persons with valid hunting licenses to hunt on their land and to allow for the carrying of unloaded firearms and ammunition, in a closed container, between certain locations and a place of formal hunting.  This bill has also assigned to the Senate Water, Land, and Housing Committee. (2012) 

Senate Bill 2619, authored by state Senator Sam Slom (R-8), repeals the ten round capacity limit on detachable magazines.  This measure has been assigned to the Senate Public Safety, Governmental Operations and Military Affairs Committee. (2012) 

Senate Bill 2647, authored by state Senator Clarence Nishihara (D-18), mirrors HB 1950 regarding hunting on public and private lands.  SB 2647 has been referred to the Senate Public Safety, Governmental Operations and Military Affairs Committee. (2012) 

Senate Bill 2975, introduced by state Senators Shan Tsutsui (D-4) and Will Espero (D-20), requires the loss or theft of a firearm to be reported to the police within seventy-two hours of discovery.  SB 2975 exempts persons who comply with the reporting requirement from the penalties for improper storage and other firearms violations.  This bill has yet to be assigned to a committee. (2012) 

Senate Bill 2995, authored by state Senator Sam Slom (R-8), provides that the use of force, justifiable as a defense under Sections 703-302 through 703-309 of the Penal Code, shall limit a person's civil liability as to a perpetrator who suffers injury or death; provided that, if injured, the offender is ultimately convicted of a crime.  SB 2995 has yet to be assigned to a committee. (2012) 

Please continue to check your email and www.NRAILA.org for more updates on these issues in the Aloha State.

 

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