Report Title:

Firearms

 

Description:

Excludes defibrillators used in emergency medical situations from definition of "electric gun" and removes exclusion of electric livestock prod from same definition. Exempts law enforcement officers from laws governing carrying, owning, and licensing of firearms.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1211

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO FIREARMS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 134-1, Hawaii Revised Statutes, is amended by amending the definition of "electric gun" to read:

""Electric gun" means any portable device that is electrically operated to project a missile or electromotive force. It does not include [any electric livestock prod used in animal husbandry.] any defibrillator used in emergency medical situations."

SECTION 2. Section 134-11, Hawaii Revised Statutes, is amended to read as follows:

"§134-11 Exemptions. (a) Sections 134-6 to 134-9, except section 134-7(f), shall not apply:

(1) To state and county law enforcement officers; provided that such persons are not convicted of an offense involving abuse of a family [[]or[]] household member under section 709-906;

(2) To members of the armed forces of the State and of the United States and mail carriers while in the performance of their respective duties if those duties require them to be armed;

(3) To regularly enrolled members of any organization duly authorized to purchase or receive the weapons from the United States or from the State[,]; provided the members are either at, or going to or from, their places of assembly or target practice;

(4) To persons employed by the State[,] or [subdivisions] any county thereof[,] or by the United States while in the performance of their respective duties or while going to and from their respective places of duty if those duties require them to be armed;

(5) To aliens employed by the State[,] or [subdivisions] any county thereof[,] or by the United States while in the performance of their respective duties or while going to and from their respective places of duty if those duties require them to be armed; and

(6) To police officers on official assignment in Hawaii from any state [which] that by compact permits police officers from Hawaii while on official assignment in that state to carry firearms without registration. The governor of the State or the governor's duly authorized representative may enter into compacts with other states to carry out this paragraph.

(b) Sections 134-2 and 134-3 shall not apply to [such] any firearms or ammunition that are a part of the official equipment of any federal agency.

(c) Sections 134-6, 134-8, and 134-9 shall not apply to the possession, transportation, or use, with blank cartridges, of any firearm or explosive solely as props for motion picture film or television program production when authorized by the chief of police of the appropriate county pursuant to section 134-2.5 and not in violation of federal law.

(d) Section 134-16 shall not apply to law enforcement officers and civilian members of police and sheriff's departments of this State or any county thereof while in the performance of their respective duties or to vendors who sell electric guns to law enforcement agencies."

SECTION 4. Section 134-16, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) [It] Except as provided in section 134-11(d), it shall be unlawful for any person, including a licensed manufacturer, licensed importer, or licensed dealer, to possess, offer for sale, hold for sale, sell, give, lend, or deliver any electric gun."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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