STAND. COM. REP. NO. 1555
Honolulu, Hawaii
, 2001
RE: H.B. No. 1211
H.D. 1
S.D. 1
Honorable Robert Bunda
President of the Senate
Twenty-First State Legislature
Regular Session of 2001
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 1211, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO FIREARMS,"
begs leave to report as follows:
The purpose of this measure is to clarify that a defibrillator used in emergency medical situations is not an "electric gun" for purposes of the firearms law, and to exempt county police departments from the firearms law for testing electric guns.
Testimony in support of the proposed S.D. 1 was received from the Honolulu Police Department (HPD), Hawaii Citizens' Rights PAC (HCRP), Hawaii Rifle Association (HRA), Hawaii Hunting Advisory Council, and a private citizen.
Current firearms law prohibits electric guns, but is silent on the use of defibrillators. Your Committee finds that confusion exists over whether defibrillators constitute an "electric gun", defined in part as "any portable device that is electrically operated to project . . . electromotive force." This measure would clarify that confusion by clearly excluding defibrillators from that definition.
Testimony on this measure from the HPD indicated that electric guns have been extensively tested and successfully deployed in many mainland police departments. The HPD would like to begin using electric guns as a permanent addition to its arsenal of less-than-lethal weapons.
Your Committee has amended this measure by:
(1) Clarifying the term "defibrillator" as an "automatic external defibrillator", the correct terminology as used in section 453-2(b)(5), Hawaii Revised Statutes (HRS), relating to use of automatic external defibrillators for medical emergencies;
(2) Placing the exemption for use of electric guns by law enforcement officers into section 134-16, HRS, relating to prohibiting electric guns;
(3) Deleting reference to testing of electric guns, on the recommendation of the HPD;
(4) Clarifying that United States citizens enjoy the same right as nonresident aliens to bring firearms into the State temporarily, on recommendation of the HRA; and
(5) Requiring the county police departments to establish a temporary permit for special purposes, which can be obtained electronically, for a limited duration for the sole purpose of a shooting event or target practice.
Your Committee is satisfied that the special permit system does not jeopardize the safety and welfare of the public. Testimony on this measure indicated that the special permit would be for target practice or a shooting event, which is engaged in by experienced and knowledgeable firearms users who would be licensed in other jurisdictions. Your Committee wishes to make clear that the special permit process created by this measure is an optional alternative to registration under existing law, so that either a special permit or a registration could be used.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1211, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1211, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ BRIAN KANNO, Chair |
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