THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII
A BILL FOR AN ACT
relating to electric guns.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that its existing ban on electric guns may be unconstitutional as a result of the United States Supreme Court's decision in Caetano v. Massachusetts. The legislature further finds that the possession and use of electric guns should be permitted as incident to the right of self-defense and to discourage the use of more dangerous firearms. The legislature further finds that Hawaii is one of only five states with a complete ban on electric guns.
The purpose of this Act is to repeal the State's ban on electric guns.
SECTION 2. Section 121-34.5, Hawaii Revised Statutes, is amended to read as follows:
"§121‑34.5 Use of electric guns. Members of the army or air national guard who
have been qualified by training and are authorized by their commanders may use
electric guns, [
as specifically provided in section 134-16(c) and (d),] subject
to the requirements of section 134-16(a) and (b), when assisting civil
authorities in disaster relief, emergency management, or law enforcement
functions; provided that "training" for the purposes of this section
means a course of instruction or training in the use of any electric gun
authorized pursuant to this section, that is provided or authorized by the
manufacturer or is manufacturer-approved or is an electric gun training program
approved by the army or air national guard, prior to deployment or issuance of
electric guns and related equipment."
SECTION 3. Section 134-16, Hawaii Revised Statutes, is amended to read as follows:
Restriction on possession, sale, gift, or
delivery of electric guns.] Electric guns; record of use; training
required. [ (a) It shall be unlawful for any person,
including a licensed manufacturer, licensed importer, or licensed dealer, to
possess, offer for sale, hold for sale, sell, give, lend, or deliver any
electric gun. (b) Any electric gun possessed, offered for sale,
held for sale, sold, given, lent, or delivered in violation of subsection (a)
shall be confiscated and disposed of by the chief of police. (c)
This section shall not apply to:] (a) Any electric gun owned by:
(1) Law enforcement officers of county police departments;
(2) Law enforcement officers of the department of public safety;
(3) Conservation and resources enforcement officers of the department of land and natural resources;
(4) Members of the Army or Air National Guard when assisting civil authorities in disaster relief, emergency management, or law enforcement functions, subject to the requirements of section 121-34.5; and
(5) Vendors providing
electric guns to the individuals described in paragraphs (1) through (4)[
provided that electric guns] shall at all
times remain in the custody and control of the law enforcement officers of the
county police departments, the law enforcement officers of the department of
public safety, the conservation and resources enforcement officers of the
department of land and natural resources, or the members of the Army or Air
(b) The county police departments
of this State, the department of public safety, the department of land and
natural resources, and the army and air national guard shall maintain records
regarding every electric gun in their custody and control. The records shall report every instance of
usage of an electric gun; in particular, records shall be maintained in a
similar manner as for those of discharging of firearms. The county police departments, the department
of public safety, the department of land and natural resources, and the army
and air national guard shall annually report to the legislature regarding these
records no later than twenty days before the beginning of each regular session
of the legislature.
department of land and natural resources and the department of public safety
shall ensure that each of its conservation and resources enforcement officers
and law enforcement officers who is authorized to use an electric gun and
related equipment shall first receive training from the manufacturer or from a
manufacturer-approved training program, as well as by manufacturer-certified or
approved instructors in the use of electric guns prior to deployment of the
electric gun and related equipment in public.
Training for conservation and resources enforcement officers of the
department of land and natural resources and law enforcement officers of the
department of public safety may be done concurrently to ensure cost savings.
(f)] (d) No
later than June 30, 2020, the conservation and resources enforcement program of
the department of land and natural resources shall meet the law enforcement
accreditation or recognition standards of the Commission on Accreditation for
Law Enforcement Agencies, Inc., in the use of electric guns."
SECTION 4. Section 134-17, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Any person who
violates section 134-2, 134-4, 134-10, or 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
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
Electric Gun; Ban; Repeal
Repeals the ban on the possession, offering or holding for sale, selling, giving, lending, or delivering of electric guns.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.