STAND. COM. REP. NO. 3557

Honolulu, Hawaii

RE: H.B. No. 2744

H.D. 1

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. 2744, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO GUN VIOLENCE PREVENTION,"

begs leave to report as follows:

The purpose and intent of this measure is to:

(1) Establish the Gun Violence and Violent Crimes Commission;

(2) Make it a class C felony to purchase, manufacture, or otherwise obtain firearm parts for the purpose of assembling a firearm having no serial number; and

(3) Amend certain requirements relating to firearms registration.

Your Committee received testimony in support of this measure from the Honolulu Police Department, Hawai‘i Police Department, Church of the Crossroads, Hawaii Coalition to Prevent Gun Violence, Americans for Democratic Action, Everytown for Gun Safety, and thirty-two individuals. Your Committee received testimony in opposition to this measure from the Civil Beat Law Center for the Public Interest, Hawaii Firearms Coalition, National Rifle Association of America, and numerous individuals. Your Committee received comments on this measure from the Office of the Mayor of the County of Hawaii and Common Cause Hawaii.

Your Committee finds that gun violence and violent crimes continue to be a major concern of the State. Your Committee believes that more oversight on gun violence and violent crimes that occur throughout the State is necessary to provide a safe environment for residents and visitors of the State. Having a state entity that is responsible to research and coordinate preventative measures against gun violence and violent crimes will allow the State to ensure the public's safety.

Your Committee also finds that a ghost gun is a firearm that is assembled without serial numbers or other identification markings. The lack of serial number or other identification markings makes it difficult to locate the gun owner if used for unlawful purposes. Your Committee further finds that a ghost gun can easily be assembled from a prepackaged kit, requiring only minimal expertise, thereby bypassing background checks, registration, and other legal requirements. Your Committee finds that the State does not have any laws that address ghost guns, thereby potentially endangering people by allowing persons who are prohibited from obtaining firearms to possess a ghost gun. Your Committee believes the State needs to be proactive with regard to ghost guns in order to ensure the safety of its residents and visitors.

Your Committee has amended this measure by:

(1) Adding one representative from Everytown for Gun Safety and one representative from a firearm advocacy group to the membership of the Gun Violence and Violent Crimes Commission;

(2) Deleting the definition of "ghost gun" as it is not used in the substantive portion of the measure; and

(3) 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. 2744, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2744, H.D. 1, 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