Hawaii-2020-SB305-Introduced

SECTION 1. The legislature finds that its existing ban on electric guns may be unconstitutional as a result of the United States Supreme Court's decision in Caetano v. Massachusetts. The legislature further finds that the possession and use of electric guns should be permitted as an incident of the right of self-defense and to discourage the use of more dangerous firearms. The legislature notes that Hawaii, New York, and Rhode Island are the only states that have an outright ban on the civilian ownership of electric guns.

The purpose of this Act is to repeal the State's ban on electric guns.

SECTION 2. Section 121-34.5, Hawaii Revised Statutes, is amended to read as follows:

"§121‑34.5 Use of electric guns. Members of the army or air national guard who have been qualified by training and are authorized by their commanders may use electric guns, [~~as specifically provided in section 134-16(c) and (d),~~] subject to the requirements of section 134-16(a) and (b), when assisting civil authorities in disaster relief, emergency management, or law enforcement functions; provided that "training" for the purposes of this section means a course of instruction or training in the use of any electric gun authorized pursuant to this section, that is provided or authorized by the manufacturer or is manufacturer-approved or is an electric gun training program approved by the army or air national guard, prior to deployment or issuance of electric guns and related equipment."

SECTION 3. Section 134-16, Hawaii Revised Statutes, is amended to read as follows:

"§134-16 [~~Restriction on possession, sale, gift, or delivery of electric guns.~~] Electric guns; record of use; training required. (a) [~~It shall be unlawful for any person, including a licensed manufacturer, licensed importer, or licensed dealer, to possess, offer for sale, hold for sale, sell, give, lend, or deliver any electric gun.~~

~~(b) Any electric gun possessed, offered for sale, held for sale, sold, given, lent, or delivered in violation of subsection (a) shall be confiscated and disposed of by the chief of police.~~

~~(c) This section shall not apply to:~~] Any electric gun owned by:

(1) Law enforcement officers of county police departments;

(2) Law enforcement officers of the department of public safety;

(3) Conservation and resources enforcement officers of the department of land and natural resources;

(4) Members of the Army or Air National Guard when assisting civil authorities in disaster relief, emergency management, or law enforcement functions, subject to the requirements of section 121-34.5; [~~and~~] or

(5) Vendors providing electric guns to the individuals described in paragraphs (1) through (4)[;],

[~~provided that electric guns~~] shall at all times remain in the custody and control of the law enforcement officers of the county police departments, the law enforcement officers of the department of public safety, the conservation and resources enforcement officers of the department of land and natural resources, or the members of the Army or Air National Guard.

[~~(d)~~] (b) The county police departments of this State, the department of public safety, the department of land and natural resources, and the army and air national guard shall maintain records regarding every electric gun in their custody and control. The records shall report every instance of usage of the electric guns; in particular, records shall be maintained in a similar manner as for those of discharging of firearms. The county police departments, the department of public safety, the department of land and natural resources, and the army and air national guard shall annually report to the legislature regarding these records no later than twenty days before the beginning of each regular session of the legislature.

[~~(e)~~] (c) The department of land and natural resources and the department of public safety shall ensure that each of its conservation and resources enforcement officers and law enforcement officers who is authorized to use an electric gun and related equipment shall first receive training from the manufacturer or from a manufacturer-approved training program, as well as by manufacturer-certified or approved instructors in the use of electric guns prior to deployment of the electric guns and related equipment in public. Training for conservation and resources enforcement officers of the department of land and natural resources and law enforcement officers of the department of public safety may be done concurrently to ensure cost savings.

[~~(f)~~] (d) No later than June 30, 2018, the conservation and resources enforcement program of the department of land and natural resources shall meet the law enforcement accreditation or recognition standards of the Commission on Accreditation for Law Enforcement Agencies, Inc., in the use of electric guns."

SECTION 4. Section 134-17, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) Any person who violates section 134-2, 134-4, 134-10, or 134-15[~~, or 134-16(a)~~] shall be guilty of a misdemeanor. Any person who violates section 134-3(b) shall be guilty of a petty misdemeanor and the firearm shall be confiscated as contraband and disposed of, if the firearm is not registered within five days of the person receiving notice of the violation."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	305
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII