REPORT TITLE:
Firearms; Electric Guns


DESCRIPTION:
Exempts law enforcement officers and their suppliers from ban on
electric guns.  Redefines electric guns to include electric
livestock prods and to exclude defibrillators.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2946
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, the use of less lethal weapons will
 
 8 reduce the likelihood of serious injury or death resulting to the
 
 9 perpetrator.  More than twenty years of study have shown that the
 
10 use of electric guns is not only a safe, but also a highly
 
11 effective, means of incapacitating armed perpetrators.
 
12 Therefore, the legislature finds the law should be amended to
 
13 exempt law enforcement officers to permit them to use these
 
14 devices and exempt vendors who sell electric guns to law
 
15 enforcement agencies.
 
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 sector.
 
19 Because a portable defibrillator, under the present definition,
 

 
Page 2                                                     2946
                                     H.B. NO.           
                                                        
                                                        

 
 1 is an "electric gun", the legislature finds it is necessary to
 
 2 exclude it from the current law when used in emergency medical
 
 3 situations.
 
 4      Lastly, the current definition of "electric gun" within
 
 5 chapter 134 of the Hawaii Revised Statutes excludes any electric
 
 6 livestock prod used in animal husbandry.  As a result, successful
 
 7 prosecution in these cases is difficult because it must be proven
 
 8 that the alleged electric gun is not an electric livestock prod.
 
 9 Deleting the exemption of electric livestock prods would assist
 
10 the successful prosecution of those in possession of electric
 
11 guns.
 
12      Accordingly, the purpose of this Act is to amend the law
 
13 relating to electric guns.
 
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
 
19 force.  It does not include [any electric livestock prod used in
 
20 animal husbandry.] defibrillators used in emergency medical
 
21 situations."
 
22      SECTION 3.  Section 134-11, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
Page 3                                                     2946
                                     H.B. NO.           
                                                        
                                                        

 
 1      "§134-11  Exemptions.(a)  Sections 134-6 to 134-9, except
 
 2 section 134-7(f), shall not apply:
 
 3      (1)  To state and county law enforcement officers; provided
 
 4           that such persons are not convicted of an offense
 
 5           involving abuse of a family [[]or[]] household member
 
 6           under section 709-906;
 
 7      (2)  To members of the armed forces of the State and of the
 
 8           United States and mail carriers while in the
 
 9           performance of their respective duties if those duties
 
10           require them to be armed;
 
11      (3)  To regularly enrolled members of any organization duly
 
12           authorized to purchase or receive the weapons from the
 
13           United States or from the State, provided the members
 
14           are either at, or going to or from, their places of
 
15           assembly or target practice;
 
16      (4)  To persons employed by the State[,] or [subdivisions]
 
17           any county thereof[,] or by the United States while in
 
18           the performance of their respective duties or while
 
19           going to and from their respective places of duty if
 
20           those duties require them to be armed;
 
21      (5)  To aliens employed by the State[,] or [subdivisions]
 
22           any county thereof[,] or by the United States while in
 
23           the performance of their respective duties or while
 

 
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                                     H.B. NO.           
                                                        
                                                        

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

 
Page 5                                                     2946
                                     H.B. NO.           
                                                        
                                                        

 
 1      SECTION 4.  Section 134-16, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  [It] Except as provided in section 134-11(d), it shall
 
 4 be unlawful for any person, including a licensed manufacturer,
 
 5 licensed importer, or licensed dealer, to possess, offer for
 
 6 sale, hold for sale, sell, give, lend, or deliver any electric
 
 7 gun."
 
 8      SECTION 5.  This Act does not affect rights and duties that
 
 9 matured, penalties that were incurred, and proceedings that were
 
10 begun, before its effective date.
 
11      SECTION 6.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 7.  This Act shall take effect upon its approval.
 
14 
 
15                           INTRODUCED BY:  _______________________