Bill Text: HI SB2738 | 2022 | Regular Session | Introduced
Bill Title: Relating To Electric Guns.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-01-24 - Referred to PSM, JDC. [SB2738 Detail]
Download: Hawaii-2022-SB2738-Introduced.html
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THE SENATE |
S.B. NO. |
2738 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to electric guns.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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the effect of a court ruling on the ban of electric guns in Hawaii, Act 183, Sessions Laws of Hawaii 2021 (Act 183), repealed the prohibition on electric guns while ensuring public safety.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. (a) It
shall be unlawful for any person to carry or possesses an electric gun in or near
an airport, passenger transportation terminal, commuter operations area, state or
county government building, or any meeting place required to be open to the public
pursuant to chapter 92; provided that the following shall be exempt:
(1) Any person who possesses
weapons in or transports weapons into a court of law to be used as evidence; provided
that a person is not exempt if they are a party to an action pending before the
court;
(2) A full time paid
peace officer of another state or the federal government who is carrying out official
duties while in the State or any person summoned by the peace officer to assist
in making arrests or preserving the peace while that person is engaged in assisting
the peace officer;
(3) A person who has
permission to possess an electric gun in writing by a duly authorized official who
is charged with the security of a state or county government building;
(4) A person who lawfully
resides in, owns, or is in possession of a state or county government building with
respect to those portions of the building that are not owned or leased by the state
or county government;
(5) A person licensed
or registered in accordance with, and acting within the course and scope of chapter
463, and who has been hired by the owner of a state or county government
building; and
(6) Any person or agency
exempt pursuant to section 134‑87.
(b) 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.
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INTRODUCED BY: |
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Report Title:
Electric Guns; Possession; Location; Prohibition
Description:
Prohibits individuals from carrying an electric gun in or near certain sensitive locations with exceptions.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
