STAND. COM. REP. NO. 3621

Honolulu, Hawaii

RE: H.B. No. 1902

H.D. 2

S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

Sir:

Your Committee on Public Safety, Intergovernmental, and Military Affairs, to which was referred H.B. No. 1902, H.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO FIREARMS,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Extend the prohibition of large capacity magazines to all firearms, rather than just pistols;

(2) Provide an exception to the prohibition for law enforcement agencies and duly authorized officers;

(3) Prohibit certain individuals who were diagnosed with behavioral, emotional, or mental disorders from owning firearms; and

(4) Require records of these diagnoses or adjudications to be made available to law enforcement officials.

Your Committee received testimony in support of this measure from the Honolulu Police Department, Motion Picture Association – America, Hawaii Coalition to Prevent Gun Violence, Church of the Crossroads, and twenty-seven individuals. Your Committee received testimony in opposition to this measure from the Office of the Public Defender, National Rifle Association of America, Hawaii Firearms Coalition, Hawaii Family Physicians, Pu‘uloa Rifle and Pistol Club, and numerous individuals. Your Committee received comments on this measure from the Judiciary and Office of the Mayor of the County of Hawai‘i.

Your Committee finds that Hawaii has one of the strongest gun safety laws in the nation, having received an A-minus rating from the Giffords Law Center to Prevent Gun Violence. The State is regularly recognized as having one of the lowest number of gun related crimes in the nation. However, gun related crimes are on the rise in the State. Your Committee believes that more needs to be done to strengthen gun safety laws and ensure the protection of residents and visitors by prohibiting the use of large-capacity magazines for all firearms. Your Committee further finds that large-capacity magazines have been used in ten of the deadliest mass shooting incidents that occurred in the country within the past decade. This measure strengthens the State's gun safety laws by prohibiting the acquisition and use of large-capacity magazines for firearms that can hold more than ten rounds of ammunition and by prohibiting certain at-risk individuals who were diagnosed with behavioral, emotional, or mental disorders from owning a firearm.

Your Committee has amended this measure by:

(1) Exempting blank-firing assault weapons and the weapon's respective attachments for the purpose of rental for use solely as props for a motion picture, television, or digital video production or entertainment event from the prohibition of manufacturing, transporting, possessing, selling, or renting an assault weapon and large-capacity magazines in the State; 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 Public Safety, Intergovernmental, and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1902, H.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1902, H.D. 2, S.D. 1, and be referred to your Committee on Judiciary.

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

________________________________

CLARENCE K. NISHIHARA, Chair