Report Title:

Firearms; Liability of State and Counties

Description:

Provides that the State and the counties shall not be absolutely liable for personal injury or property damage caused by the discharge of a firearm owned by the State or a county.

HOUSE OF REPRESENTATIVES

H.B. NO.

1916

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO FIREARMS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 663-9.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]663-9.5[]] Liability of firearm owners. (a) The owner of a firearm, if the discharge of the firearm proximately causes either personal injury or property damage to any person, shall be absolutely liable for such damage.

(b) It shall be an affirmative defense to such absolute liability that the firearm was not in the possession of the owner and was taken from the owner's possession without the owner's permission and the owner either had reported the theft to the police prior to the discharge or, despite the exercise of reasonable care, had not discovered the theft prior to the discharge or was not reasonably able to report the theft to the police prior to the discharge.

(c) This section shall not apply when [the]:

(1) The discharge of the firearm was legally justified[.]; or

(2) The firearm was owned by the State or a political subdivision thereof."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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