Report Title:

Firearms; State preemption.

 

 

Description:

Preempts any and all ordinances, resolutions or motions, or administrative action of any county or county agency relating to firearms.

 

 


THE SENATE

S.B. NO.

134

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO FIREARMS.

.

 

 

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

 


     SECTION 1.  Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§134-  Control of firearms; applicability to local authorities and governmental agencies.

(a) No county shall adopt or enforce any ordinance, resolution or motion, and no agent of such county shall take any administrative action, governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof other than those expressly authorized by general law. For purposes of this section, a statute that does not refer to firearms, ammunition, or components or combination thereof, shall not be construed to provide express authorization.

(b) Nothing in this section shall prohibit a county from adopting workplace rules relating to terms and conditions of employment of the workforce regarding firearms. Nothing in this section shall prohibit a law-enforcement officer from acting within the scope of his duties.

(c) The provisions of this section applicable to a county shall also apply to any authority or to a local governmental entity, including a department or agency, but not including any local or regional jail or juvenile detention facility.

(d) Any local ordinance, resolution, or motion adopted prior to the effective date of this act governing the purchase, possession, transfer, ownership, carrying or transporting of firearms, ammunition, or components or combination thereof, other than those expressly authorized by statute, is invalid.

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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