Report Title:

Replica Guns; Possession on School Property Prohibited

Description:

Prohibits carrying or displaying a replica gun in public and on public school grounds, or brandishing in presence of law enforcement officer; provides penalties.

THE SENATE

S.B. NO.

2309

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 134-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

""Air gun" means any instrument, by whatever name known, that is designed to expel a pellet or BB shot by action of compressed air or gas, or by the action of a spring or elastic, but does not include a firearm.

"Law enforcement officer" shall have the same meaning as in section 701-118.

"Replica gun" means any toy or other object, not including an air gun or an actual firearm, that:

(1) Bears such a resemblance to an actual firearm that a reasonable person would have difficulty visually distinguishing the replica gun from an actual firearm; and

(2) Lacks any feature or aspect which would allow a reasonable person to readily distinguish by sight the replica gun from an actual firearm."

SECTION 2. Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§134-   Replica guns prohibited; when. (a) No person shall carry or display a replica gun on any street, alley, public road, or on any public lands, unless the replica gun is in a suitable case or securely wrapped. No person shall carry or display a replica gun on any public school grounds, without regard to whether the replica gun is in a suitable case or securely wrapped.

(b) No person shall draw or brandish a replica gun in the presence of a law enforcement officer engaged in the performance of the law enforcement officer's duty.

(c) This section shall not be construed to prevent any person who has obtained a hunting license under chapter 183D from engaging in hunting in accordance with law."

SECTION 3. Section 134-17, Hawaii Revised Statutes, is amended to read as follows:

"§134-17 Penalties. (a) If any person gives false information or offers false evidence of the person's identity in complying with any of the requirements of this part, that person shall be guilty of a misdemeanor, provided, however that if any person intentionally gives false information or offers false evidence concerning their psychiatric or criminal history in complying with any of the requirements of this part, that person shall be guilty of a class C felony.

(b) Any person who violates section 134-3(a) shall be guilty of a petty misdemeanor.

(c) Any person who violates section 134-2, 134-4, 134-10, 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.

(d) Any person who violates section 134-  (a) shall be guilty of a petty misdemeanor. Any person who violates section 134-  (b) shall be guilty of a misdemeanor."

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, whether pursuant to state statute or county ordinance.

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:

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