Report Title:

Firearms; Owners' Liability

Description:

Excludes government entities from the definition of "owner" of firearm that may otherwise be liable for injury or damage caused by discharge of the firearm.

HOUSE OF REPRESENTATIVES	H.B. NO.	1172
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to firearms.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     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 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, does 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  Statutory material to be repealed is bracketed and stricken.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.

INTRODUCED BY:

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