STAND. COM. REP. NO. 2971

Honolulu, Hawaii

RE: S.B. No. 2094

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 2094 entitled:

"A BILL FOR AN ACT RELATING TO FIREARMS,"

begs leave to report as follows:

The purpose and intent of this measure is to clarify that all individuals charged with a felony offense or convicted of certain offenses are prohibited from possessing a firearm.

Your Committee received testimony in support of this measure from the Department of the Prosecuting Attorney of the City and Council of Honolulu and six individuals. Your Committee received testimony in opposition to this measure from two individuals.

Your Committee finds that currently, section 134-7(b), Hawaii Revised Statutes, prohibits firearm ownership or possession for individuals who are under indictment, have waived indictment, are "bound over" to the circuit court, or have been convicted of a felony offense, crime of violence, or an illegal sale of drugs. Notably, when section 134-7, Hawaii Revised Statutes, was initially codified in 1988, one mechanism for charging offenses had not yet been established. In 2004, the Legislature passed Act 62, Session Laws of Hawaii 2004 (Act 62), creating the procedure commonly known as "information charging", whereby criminal felony charges can be initiated by a written document submitted by the prosecutor and approved by the court. Unfortunately, when Act 62 was passed, it appears there was an oversight in not including information charging under section 137-4(b), Hawaii Revised Statutes. There is no indication that this was done intentionally, as the plain language of section 137-4(b), Hawaii Revised Statutes, as written, would arguably allow some individuals to own or possess a firearm, but prohibit others from owning or possessing a firearm, even if they are charged with the same felony offense, depending on whether that person was charged via information charging or another method originally listed under section 137-4(b), Hawaii Revised Statutes. This measure will ensure that, regardless of what procedure is used to charge a defendant with a felony offense, in Hawai‘i or elsewhere, all individuals charged with a felony offense or convicted of certain offenses are prohibited from possessing a firearm.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2094 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

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

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KARL RHOADS, Chair