Excepts government entities from the definition of "owner" in statute that imposes strict liability on firearms owner for injury or damage proximately caused by the firearm. (SD1)

A BILL FOR AN ACT

SECTION 1. Section 663-9.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§663-9.5[]] Liability of firearm owners. The owner of a firearm, if the discharge of the firearm proximately causes either personal injury or property damage to any person, shall be absolutely liable for [such] the damage. It shall be an affirmative defense to [such] absolute liability that the firearm was not in the possession of the owner and was taken from the owner's possession without the owner's permission and the owner either had reported the theft to the police prior to the discharge or, despite the exercise of reasonable care, had not discovered the theft prior to the discharge or was not reasonably able to report the theft to the police prior to the discharge. This section shall not apply when the discharge of the firearm was legally justified. "Owner" as used in this section, shall not include government entities."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.