HB1732 HD1

SECTION 1. The legislature finds that it is imperative to protect the health and safety of the public by regulating where electric guns may be carried. Certain sensitive locations where electric guns should be regulated include schools, government buildings, and places where open meetings take place. Many states and federal agencies have enacted similar legislation and regulations to place location restrictions on electric guns.

The legislature further finds that to address the effect of a court ruling on the ban of electric guns in Hawaii, Act 183, Sessions Laws of Hawaii 2021 (Act 183), repealed the prohibition on electric guns while ensuring public safety. Act 183 provided for regulations and rules on the use, storage, transfer, disposal, and purchase of electric guns and electric projectile guns. Location restrictions are additionally necessary to protect public health and safety.

The purpose of this Act is to prohibit individuals from carrying an electric gun in or near certain sensitive locations, with exceptions.

SECTION 2. Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

"§134- Location restrictions for electric guns; exceptions. (a) It shall be unlawful for any person to intentionally, knowingly, or recklessly carry or possess an electric gun, whether operational or not, on the following locations and premises:

(1) A public school, as defined by section 302A-101, which includes but is not limited to any building, grounds, facility, structure, and appurtenant parking structure or lot;

(2) A nonresidential building owned, leased, or controlled by the State or county, including but not limited to its grounds and any appurtenant structure, facility, and parking structure or lot. This includes but is not limited to Iolani Palace, the state capitol, an office building, a library, a college, a court of law, a stadium, and an arena;

(3) An office owned or leased by the State or county;

(4) An airport, as defined by section 261-1, which includes any terminal, building, structure, facility, and appurtenant parking structure or lot;

(5) A public mass transit vehicle;

(6) A public mass transit terminal or transit center, except a bus stop that is located on a public sidewalk; or

(7) A meeting place required to be open to the public pursuant to chapter 92, one hour before the posted time of the meeting and for so long as the meeting place remains open to the public.

(b) Subsection (a) shall not apply to:

(1) A public park or beach; or

(2) A person who:

(A) Has written authorization to carry or possess an electric gun at the location or premises from a person legally authorized to allow the carrying or possession of an electric gun at that particular location or premises;

(B) Is a law enforcement officer, federal peace officer, or peace officer from another state, and was acting within the scope and course of the officer's duties;

(C) Carries or possesses the electric gun in an airport, as defined by section 261-1, and transports the electric gun in an enclosed, hard-sided, secured case and either immediately checks the electric gun in with the airlines as checked baggage or claims the case from baggage claim and immediately departs the airport;

(D) Carries or possesses an electric gun on a college or university campus in the University of Hawaii system and is currently enrolled as a student or is currently employed by that college or university; or

(E) Is a member of the Army or Air National Guard assisting civil authorities in disaster relief, emergency management, or law enforcement functions, and meets the requirements of section 121-34.5.

In any prosecution, it shall be an affirmative defense that the person was exempt from the prohibition in subsection (a) pursuant to paragraph (2).

(c) The presence of a person at any location or premises in subsection (a) shall be prima facie evidence that the person knows it is such a location or premises.

(d) Any person violating this section shall be guilty of a misdemeanor."

SECTION 3. Section 134-87, Hawaii Revised Statutes, is amended by amending its title and subsection (a) to read as follows:

"[[]§134-87[]] Exemptions. (a) Sections 134-82 [~~and~~], 134-86(f), and 134- shall not apply to:

(1) Law enforcement agencies and law enforcement officers acting within the course of their employment; and

(2) The Army or Air National Guard and its members when they are assisting civil authorities in disaster relief, emergency management, or law enforcement functions, subject to the requirements of section 121‑34.5;

provided that the electric guns shall be acquired by the law enforcement agencies or the Army or Air National Guard and not individual law enforcement officers or members of the Army or Air National Guard, and shall remain in the custody and control of law enforcement agencies or the Army or Air National Guard."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

HOUSE OF REPRESENTATIVES	H.B. NO.	1732
THIRTY-FIRST LEGISLATURE, 2022		H.D. 1
STATE OF HAWAII