STAND. COM. REP. NO. 787-22

Honolulu, Hawaii

, 2022

RE: H.B. No. 1732

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1732 entitled:

"A BILL FOR AN ACT RELATING TO ELECTRIC GUNS,"

begs leave to report as follows:

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

Your Committee received testimony in opposition to this measure from the Hawaii Firearms Coalition, Valley Isle Sports Shooters Club, Rosas Arms LLC, DC Project Hawaii, Pu‘uloa Rifle and Pistol Club, Hawaii County Game Management Advisory Commission, Libertarian Party of Hawaii, and numerous individuals.

Prior to decision making on this measure, your Committee posted and made available for public review a proposed H.D. 1, which amends this measure by:

(1) Clarifying that the prohibition applies regardless of whether the electric gun is operational or not;

(2) Amending the location and premises restrictions for electric guns;

(3) Amending the exemptions to the prohibition and establishing an affirmative defense for certain exempt persons; and

(4) Clarifying that the presence of a person at any restricted location or premises is prima facie evidence that the person knows it is such a location or premises.

Your Committee received testimony in support of the proposed H.D. 1 from the Department of Transportation. Your Committee received testimony in opposition to the proposed H.D. 1 from the Honolulu Police Department.

Your Committee finds that, to address the effect of a court ruling on the ban of electric guns in Hawaii, Act 183, Session Laws of Hawaii 2021, repealed the prohibition on electric guns while providing for regulations on the use, storage, transfer, disposal, and purchase of electric guns and electric projectile guns. Your Committee further finds that to protect public health and safety, it is imperative to regulate where electric guns may be carried by addressing certain sensitive locations such as schools, government buildings, and places where open meetings occur. Your Committee believes that the proposed H.D. 1 adds more safeguards and addresses safety concerns relating to an individual carrying an electric gun in certain sensitive locations.

Accordingly, your Committee has amended this measure by adopting the proposed H.D. 1.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1732, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1732, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

MARK M. NAKASHIMA, Chair