Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Water, Land, and Agriculture, to which was referred S.B. No. 548 entitled:

begs leave to report as follows:

The purpose of this measure is to clarify that lawful possession of a rifle or shotgun for hunting or target shooting is limited to "lawful" hunting or "lawful" target shooting.

Testimony in support of this measure was submitted by the Board of Agriculture, Hawaii Farm Bureau, and the Office of the Prosecuting Attorney for Hawaii County. Testimony in opposition to the measure was submitted by the Hawaii Rifle Association.

Your Committee finds that the proposed language of this measure closes some legal loopholes that could help resolve the growing problem of agricultural theft. Currently, a trespasser with criminal intent could claim to be hunting or target shooting, and this measure will specifically address that concern.

Your Committee also finds, however, that some hunters have concerns about this law creating a possibility of double jeopardy by subjecting someone who has committed a misdemeanor to a felony firearms possession. Your Committee does not intend this language to infringe on lawful hunters.

More research is needed on these issues, and your Committee believes this measure should continue in the legislative process to promote further discussion.

As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 548 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.