REPORT TITLE:
Firearms; Electric Guns


DESCRIPTION:
Exempts law enforcement officers and their suppliers from ban on
electric guns for no more than three guns per county to be
brought into the State for purposes of studying the utility of
electric guns in law enforcement.  Redefines electric guns to
include electric livestock prods and to exclude defibrillators.
(HB2946 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2946
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
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.  Section 134-1, Hawaii Revised Statutes, is
 
 2 amended by amending the definition of "electric gun" to read as
 
 3 follows:
 
 4      ""Electric gun" means any portable device that is
 
 5 electrically operated to project a missile or electromotive
 
 6 force.  It does not include [any electric livestock prod used in
 
 7 animal husbandry.] defibrillators used in emergency medical
 
 8 situations."
 
 9      SECTION 2.  Section 134-11, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "§134-11  Exemptions.(a)  Sections 134-6 to 134-9, except
 
12 section 134-7(f), shall not apply:
 
13      (1)  To state and county law enforcement officers; provided
 
14           that such persons are not convicted of an offense
 
15           involving abuse of a family [[]or[]] household member
 
16           under section 709-906;
 
17      (2)  To members of the armed forces of the State and of the
 
18           United States and mail carriers while in the
 
19           performance of their respective duties if those duties
 
20           require them to be armed;
 

 
Page 2                                                     2946
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (3)  To regularly enrolled members of any organization duly
 
 2           authorized to purchase or receive the weapons from the
 
 3           United States or from the State[,]; provided the
 
 4           members are either at, or going to or from, their
 
 5           places of assembly or target practice;
 
 6      (4)  To persons employed by the State[,] or [subdivisions]
 
 7           any county thereof[,] or by the United States while in
 
 8           the performance of their respective duties or while
 
 9           going to and from their respective places of duty if
 
10           those duties require them to be armed;
 
11      (5)  To aliens employed by the State[,] or [subdivisions]
 
12           any county thereof[,] or by the United States while in
 
13           the performance of their respective duties or while
 
14           going to and from their respective places of duty if
 
15           those duties require them to be armed; and
 
16      (6)  To police officers on official assignment in Hawaii
 
17           from any state [which] that by compact permits police
 
18           officers from Hawaii while on official assignment in
 
19           that state to carry firearms without registration.  The
 
20           governor of the State or the governor's duly authorized
 
21           representative may enter into compacts with other
 
22           states to carry out this paragraph.
 

 
 
 
Page 3                                                     2946
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (b)  Sections 134-2 and 134-3 shall not apply to [such] any
 
 2 firearms or ammunition that are a part of the official equipment
 
 3 of any federal agency.
 
 4      (c)  Sections 134-6, 134-8, and 134-9 shall not apply to the
 
 5 possession, transportation, or use, with blank cartridges, of any
 
 6 firearm or explosive solely as props for motion picture film or
 
 7 television program production when authorized by the chief of
 
 8 police of the appropriate county pursuant to section 134-2.5 and
 
 9 not in violation of federal law.
 
10      (d)  Section 134-16 shall not apply to law enforcement
 
11 officers of county police and sheriff departments of this State,
 
12 or vendors providing electric guns to those entities for the
 
13 purpose of studying the utility of electric guns in law
 
14 enforcement in the State.  No more than three electric guns per
 
15 county shall be allowed into the State.  These electric guns
 
16 shall at all times remain in the custody and control of the
 
17 county police or sheriff departments.  These electric guns shall
 
18 not be used by or on anyone other than county law enforcement
 
19 officers in test or study situations."
 
20      SECTION 3.  Section 134-16, Hawaii Revised Statutes, is
 
21 amended by amending subsection (a) to read as follows:
 
22      "(a)  [It] Except as provided in section 134-11(d), it shall
 
23 be unlawful for any person, including a licensed manufacturer,
 

 
Page 4                                                     2946
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 licensed importer, or licensed dealer, to possess, offer for
 
 2 sale, hold for sale, sell, give, lend, or deliver any electric
 
 3 gun."
 
 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.