STAND. COM. REP. NO. 3195

Honolulu, Hawaii

RE:    H.B. No. 679

       H.D. 1

       S.D. 1

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Judiciary and Labor, to which was referred H.B. No. 679, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FIREARMS,"

begs leave to report as follows:

     The purpose and intent 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 firearms training at firearms training facilities to certain persons seeking to acquire a firearms permit.

     Your Committee received testimony in support of this measure from the Hawaii Rifle Association, Lessons in Firearms Education, and thirty-two individuals.  Your Committee received testimony in opposition to this measure from the Hawaii Association for Justice.

     Existing law assigns absolute liability for firearms owners if a firearm discharges and proximately causes personal injury or property damage, and permits an affirmative defense to absolute liability if the firearm was not in the owner's possession.  Your Committee finds that National Rifle Association certified firearms instructors provide their own personal firearms for the public to use to obtain safety training, a prerequisite under state law for obtaining a permit to acquire a pistol or revolver.  This measure would protect National Rifle Association certified firearms instructors from this absolute liability in certain circumstances.

     Your Committee notes that this measure extends the exemption from absolute liability for firearms training or safety courses or classes that occur at a firing range or other firearms training facility.  Your Committee further finds that the term "other firearms training facility" may be overly broad and concludes that the exemption should be narrowed to apply only to training, courses, or classes at a firing range.

     Your Committee has amended this measure by:

     (1)  Clarifying that National Rifle Association certified firearms instructors are exempt from absolute liability for injury or damage only during the course of providing firearms training or safety courses or classes at a firing range; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 679, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 679, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

____________________________

CLAYTON HEE, Chair