HOUSE OF REPRESENTATIVES

H.B. NO.

432

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to toy guns.

 

 

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

 


SECTION 1. Chapter 709, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"709- Sale of toy guns to minors prohibited. (1) It shall be unlawful to sell, attempt to sell, or offer for sale a toy gun to a minor under eighteen years of age; provided that it shall be an affirmative defense to any prosecution that the:

(a) Purchaser falsely represented the purchaser's age by producing a driver's license bearing a photograph of the licensee, a state identification card, or similar card purporting to be a valid identification card indicating that the purchaser was eighteen years of age or older;

(b) Appearance of the purchaser was such that an ordinary prudent person would believe the purchaser to be eighteen years of age or older; and

(c) Sale was made in good faith relying upon the indicators of age in paragraphs (a) and (b).

(2) Any person who violates this section shall be subject to a fine of not more than $2,000, imprisonment of not more than ninety days, or both."

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. New statutory material is underscored.

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

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Sale of Toy Guns; Minors; Prohibition; Penalty

 

Description:

Prohibits the sale of toy guns to minors.

 

 

 

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