REPORT TITLE: 
Firearms


DESCRIPTION:
Exempts law enforcement officers and civilian members of police
and sherif's department of the State, and vendors who sell
electric guns to law enforcement agencies, from section 134-16,
Hawaii Revised Statutes, which makes it unlawful for any person
to posses, offer for sale, hold for sale, sell, give, lend, or
deliver any electric gun.  Also, amends the definition of
"electric gun" and adds the definition of "defibrillator" to
exclude defibrillator from the definition of electric gun.     


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2131 
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.  In particular,
 
 3 alternatives to the use of deadly force have been sought for many
 
 4 years.  The use of less lethal weapons by officers would greatly
 
 5 enhance law enforcement's ability, in certain situations, to
 
 6 subdue armed perpetrators without endangering the public or the
 
 7 officers.  In addition, with the use of less lethal weapons, it
 
 8 is unlikely that serious injury or death will result to the
 
 9 perpetrator.  More than twenty years of study have shown that the
 
10 use of electric guns are not only safe but a highly effective
 
11 means of incapacitating armed perpetrators.  Therefore, the
 
12 legislature finds it necessary to allow law enforcement officers
 
13 the use of these devices by exempting them, civilian members of
 
14 police and sheriff departments, and vendors, who sell electric
 
15 guns, from this statute. 
 
16      The legislature also finds that the use of portable
 
17 defibrillators are being used more and more by emergency medical,
 
18 fire, and police personnel, and even, those in the private
 
19 sector.  Since a portable defibrillator is by definition an
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 "electric gun," it is necessary to exclude its sale, possession,
 
 2 and use in the current law.  
 
 3      SECTION 2.  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           thereof, or the United States while in the performance
 
22           of their respective duties or while going to and from
 
23           their respective places of duty if those duties require
 
24           them to be armed;
 

 
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                                     H.B. NO.           
                                                        
                                                        

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

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 of this State while in the performance of their respective
 
 2 duties, and vendors, who sell electric guns to law enforcement
 
 3 agencies."
 
 4      SECTION 3. Section 134-1, Hawaii Revised Statutes, is
 
 5 amended as follows: 
 
 6      1.  By adding a new definition to be appropriately inserted
 
 7 and to read:
 
 8      ""Defibrillator" means a portable device that is
 
 9 electrically operated for lifesaving purposes by emergency
 
10 medical, fire, police, and specially trained personnel."
 
11      2.  By amending the definition of "electric gun" to read:
 
12      ""Electric gun" means any portable device that is
 
13 electrically operated to project a missile or electromotive
 
14 force.  It does not include defibrillators used in emergency
 
15 medical situations and any electric livestock prod used in animal
 
16 husbandry." 
 
17       SECTION 4.  This Act does not affect rights and duties that
 
18 matured, penalties that were incurred, and proceedings that were
 
19 begun, before its effective date. 
 
20      SECTION 5.  Statutory material to be repealed is bracketed.
 
21 New statutory material is underscored. 
 

 
 
 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 6.  This Act shall take effect upon its approval.
 
 2 
 
 3                       INTRODUCED BY:  ___________________________