STAND. COM. REP. NO. 1370

Honolulu, Hawaii

RE: H.B. No. 392

H.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

Your Committee on Public Safety and Military Affairs, to which was referred H.B. No. 392, H.D. 1, 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) Prohibit the possession, transfer, and sale of ghost guns; and

(2) Establish mandatory minimum sentencing for use of a ghost gun in the commission of a felony.

Your Committee received testimony in support of this measure from the Department of Law Enforcement, Department of the Prosecuting Attorney for the City and County of Honolulu, one member of the Kauaʻi County Council, League of Women Voters of Hawaii, and four individuals.

Your Committee received testimony in opposition to this measure from the Office of the Public Defender, Hawaii Patriot Republicans, and numerous individuals.

Your Committee finds that ghost guns pose a significant threat to public safety in the State. Ghost guns are firearms that lack serial numbers and can be assembled from kits or created using 3D printers, making them virtually untraceable by law enforcement. Without serial numbers or registration requirements, ghost guns allow individuals who would otherwise be prohibited from legally purchasing firearms to circumvent background checks and obtain firearms that cannot be traced.

Your Committee further finds that the existence of unregistered ghost guns creates a dangerous gap in firearms regulations in the State and that additional legal mechanisms are necessary to address this emerging threat to public safety. Accordingly, this measure defines a ghost gun as a firearm, prohibits the unlawful possession, transfer, and sale of ghost guns, and prescribes sentencing enhancements for ghost guns that parallel similar provisions for firearms. The establishment of mandatory minimum sentences for using ghost guns in felony offenses serves as both a deterrent and an appropriate punishment for those who use these weapons to commit serious crimes.

As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 392, H.D. 1, 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 Public Safety and Military Affairs,

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BRANDON J.C. ELEFANTE, Chair