Report Title:

Electric Guns; Restrictions; Liquor Commission Investigators

 

Description:

Permits county departments of liquor control investigators to possess electric guns.  Defines "county liquor authorities" and "law enforcement officers".  (HB941 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

941

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO ELECTRIC GUNS.

 

 

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

 


     SECTION 1.  Section 134-16, Hawaii Revised Statutes, is amended to read as follows:

     "§134-16  Restriction on possession, sale, gift, or delivery of electric guns.  (a)  It shall be unlawful for any person, including a licensed manufacturer, licensed importer, or licensed dealer, to possess, offer for sale, hold for sale, sell, give, lend, or deliver any electric gun.

     (b)  Any electric gun in violation of subsection (a) shall be confiscated and disposed of by the chief of police.

     (c)  This section shall not apply to law enforcement officers [of county police and sheriff departments] of this [State,] state, or vendors providing electric guns to those entities; provided that electric guns shall at all times remain in the custody and control of [the county police or sheriff departments.] law enforcement officers.

     (d)  [The county police and sheriff departments of this State] Law enforcement officers authorized by this section to possess electric guns shall maintain records regarding every electric gun in their respective custody and control.  [Such] The records shall report every instance [of usage of the] in which an electric [guns; in particular, records] gun is used and shall be maintained in a similar manner as for those of discharging of firearms.  [The county police and sheriff departments] Law enforcement officers authorized by this section to possess electric guns shall annually report to the legislature regarding these records twenty days before the beginning of each session.

     (e)  For the purposes of this section:

     "County liquor authorities" means the county liquor commissions or liquor control adjudication board established pursuant to part II of chapter 281.

     "Law enforcement officers" includes a police officer employed by a county police department, any investigator employed by a county liquor authority under section 281‑17(a)(5), or any sheriff, deputy sheriff, or narcotics enforcement officer under the control or jurisdiction of the department of public safety, pursuant to section 26-14.6."
     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.