EXECUTIVE POWERS

 

Section 5. The governor shall be responsible for the faithful execution of the laws. The governor shall be commander in chief of the armed forces of the State and may call out such forces to execute the laws, suppress or prevent insurrection or lawless violence or repel invasion. The governor shall, at the beginning of each session, and may, at other times, give to the legislature information concerning the affairs of the State and recommend to its consideration such measures as the governor shall deem expedient.

The governor may grant reprieves, commutations and pardons, after conviction, for all offenses, subject to regulation by law as to the manner of applying for the same. The legislature may, by general law, authorize the governor to grant pardons before conviction, to grant pardons for impeachment and to restore civil rights denied by reason of conviction of offenses by tribunals other than those of this State.

The governor shall appoint an administrative director to serve at the governor's pleasure. [Ren and am Const Con 1978 and election Nov 7, 1978]

 

Cross References

 

Administrative director, see 26-3.

 

Attorney General Opinions

 

Pardon for an offense upon conviction of which chauffeur's license is revoked does not restore right to license. Att. Gen. Op. 61-79.

Pardoning power extends to offenses against county ordinances. Att. Gen. Op. 63-38.

 

Case Notes

 

No authority found for the proposition that a pardon for a misdemeanor issued by the governor restores an offender's Second Amendment right to possess firearms only if the pardon specifically provides as such, or that a pardon would not allow plaintiff to purchase firearms in other states because the pardon would only be given effect in Hawaii. 49 F. Supp. 3d 727 (2014).

The plain language of this section indicated that plaintiff could receive a pardon for plaintiff's harassment convictions under 711-1106(1)(a) and, therefore, statutorily qualify under federal law to possess firearms. 49 F. Supp. 3d 727 (2014).

Cited: 715 F. Supp. 2d 1115 (2010).

 

 

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