REPORT TITLE:
Firearms; Stun Guns


DESCRIPTION:
Authorizes law enforcement officers of the State and counties to
use stun guns.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1929
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO FIREARMS.
 


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

 1      SECTION 1.  The legislature finds that the use of force by
 
 2 law enforcement is a matter of great concern not only to the
 
 3 public, but to those in law enforcement.  The use of less lethal
 
 4 weapons by officers would greatly enhance law enforcement's
 
 5 ability, in certain situations, to subdue armed perpetrators
 
 6 without endangering the public or the officers.  In addition, the
 
 7 use of less lethal weapons makes it less likely that serious
 
 8 injury or death will result to the perpetrator.  The legislature
 
 9 further finds that more than twenty years of study have shown
 
10 that the use of hand-held, remote, stun systems are not only safe
 
11 but a highly effective means of incapacitating armed
 
12 perpetrators.  Therefore, the purpose of this Act is to authorize
 
13 law enforcement to use these devices.
 
14      SECTION 2.  Section 134-1, Hawaii Revised Statutes, is
 
15 amended by amending the definition of "electric gun" to read as
 
16 follows:
 
17      ""Electric gun" means any portable device that is
 
18 electrically operated to project a missile or electromotive
 

 
Page 2                                                     1929
                                     H.B. NO.           
                                                        
                                                        


 1 force[.], including a hand-held, remote stun system.  It does not
 
 2 include any electric livestock prod used in animal husbandry."
 
 3      SECTION 3.  Section 134-11, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "§134-11  Exemptions.(a)  Sections 134-6 to 134-9, except
 
 6 section 134-7(f), shall not apply:
 
 7      (1)  To state and county law enforcement officers; provided
 
 8           that such persons are not convicted of an offense
 
 9           involving abuse of a family [[]or[]] household member
 
10           under section 709-906;
 
11      (2)  To members of the armed forces of the State and of the
 
12           United States and mail carriers while in the
 
13           performance of their respective duties if those duties
 
14           require them to be armed;
 
15      (3)  To regularly enrolled members of any organization duly
 
16           authorized to purchase or receive the weapons from the
 
17           United States or from the State, provided the members
 
18           are either at, or going to or from, their places of
 
19           assembly or target practice;
 
20      (4)  To persons employed by the State[,] or [subdivisions]
 
21           any county thereof[,] or by the United States while in
 
22           the performance of their respective duties or while
 

 
 
 
Page 3                                                     1929
                                     H.B. NO.           
                                                        
                                                        


 1           going to and from their respective places of duty if
 
 2           those duties require them to be armed;
 
 3      (5)  To aliens employed by the State[,] or [subdivisions]
 
 4           any county thereof[,] or by the United States while in
 
 5           the performance of their respective duties or while
 
 6           going to and from their respective places of duty if
 
 7           those duties require them to be armed;
 
 8      (6)  To police officers on official assignment in Hawaii
 
 9           from any state [which] that by compact permits police
 
10           officers from Hawaii while on official assignment in
 
11           that state to carry firearms without registration.  The
 
12           governor of the State or the governor's duly authorized
 
13           representative may enter into compacts with other
 
14           states to carry out this paragraph.
 
15      (b)  Sections 134-2 and 134-3 shall not apply to [such] any
 
16 firearms or ammunition that are a part of the official equipment
 
17 of any federal agency.
 
18      (c)  Sections 134-6, 134-8, and 134-9 shall not apply to the
 
19 possession, transportation, or use, with blank cartridges, of any
 
20 firearm or explosive solely as props for motion picture film or
 
21 television program production when authorized by the chief of
 
22 police of the appropriate county pursuant to section 134-2.5 and
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        


 1 not in violation of federal law.
 
 2      (d)  Section 134-16 shall not apply to state and county law
 
 3 enforcement officers."
 
 4      SECTION 4.  This Act does not affect rights and duties that
 
 5 matured, penalties that were incurred, and proceedings that were
 
 6 begun, before its effective date.
 
 7      SECTION 5.  Statutory material to be repealed is bracketed.
 
 8 New statutory material is underscored.
 
 9      SECTION 6.  This Act shall take effect upon its approval.
 
10 
 
11                           INTRODUCED BY:_________________________