STAND. COM. REP. NO.  605-12

Honolulu, Hawaii

                , 2012

RE:   H.B. No. 679

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Public Safety & Military Affairs, to which was referred H.B. No. 679 entitled:

"A BILL FOR AN ACT RELATING TO FIREARMS,"

begs leave to report as follows:

The purpose of this measure is to exempt National Rifle Association certified firearms instructors from absolute liability for injury or damage caused by discharge of their firearms during the course of providing training to persons seeking a permit to acquire firearms.

     The Hawaii Rifle Association, Lessons in Firearms Education, Verizon Wireless, and several individuals testified in support of the measure.  Hawaii Association for Justice testified in opposition to this measure.

In discussion, your Committee noted the comments raised that under section 663-9.5, Hawaii Revised Statutes, relating to the liability of firearms, a firearm owner is only liable for his or her shooting of the firearm and is not liable if others shoot the firearm.  However, under this measure, a National Rifle Association certified firearms instructor would only be liable if he or she shot someone; the instructor would not be liable if another person being trained shoots another person with a firearm provided by the trainer or a firearm brought by the trainee.  Your Committee recognizes that the exemption provided in the measure to National Rifle Association-certified firearms instructors creates ambiguity as to what is intended by the exemption.  Your Committee respectfully requests the House Committee on Judiciary to consider the comments raised and to consider possible language to address the comments.

     As affirmed by the record of votes of the members of your Committee on Public Safety & Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 679 and recommends that it pass Second Reading and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety & Military Affairs,

____________________________

HENRY J.C. AQUINO, Chair