STAND. COM. REP. NO.  882

 

Honolulu, Hawaii

                , 2021

 

RE:   H.B. No. 891

      H.D. 2

 

 

 

 

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 891, H.D. 1, entitled:

 

"A BILL FOR AN ACT RELATING TO ELECTRIC GUNS,"

 

begs leave to report as follows:

 

     The purpose of this measure is to repeal the existing ban on electric guns and implement a regulatory framework for electric guns that is similar to the regulatory framework for firearms.

 

     Your Committee received testimony in support of this measure from one individual.  Your Committee received testimony in opposition to this measure from Young Guns and numerous individuals.

 

     Prior to decision making on this measure, your Committee posted and made available for public review a proposed H.D. 2, which amends this measure by:

 

     (1)  Deleting the definition of "electric projectile gun";

 

     (2)  Increasing the age for ownership of an electric gun to twenty-one;

 

     (3)  Deleting language regarding permitting for and registration of electric guns and electric projectile guns;

 

     (4)  Amending the renewal deadline for licenses to sell, offer to sell, distribute, or otherwise transfer electric guns;

 

     (5)  Requiring electric gun licensees or employees of the licensees to conduct a criminal history background check of an electric gun recipient; and

 

     (6)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

     Your Committee received testimony in support of the proposed H.D. 2 from the Department of the Attorney General and Honolulu Police Department.  Your Committee received testimony in opposition to the proposed H.D. 2 from the Maui Police Department, Hawaii Firearms Coalition, and two individuals.

 

     Your Committee finds that the Supreme Court of the United States cast doubt on the constitutionality of electric gun prohibitions in Caetano v. Massachusetts, 136 S. Ct. 1027 (2016).  Your Committee further notes that a pending case in the United States District Court for the District of Hawaii, Roberts v. Ballard, 18-00125 HG-KSC, is seeking to invalidate Hawaii's prohibition on electric guns.  If the plaintiff in Roberts succeeds in invalidating Hawaii's prohibition, the State will be left without safeguards for the sale, distribution, and possession of electric guns.  This measure takes a proactive step in ensuring adequate electric gun regulations are in place.

 

     Your Committee has amended this measure by adopting the proposed H.D. 2 and further amending the measure by:

 

     (1)  Changing the effective date to July 1, 3021, to encourage further discussion; and

 

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 891, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 891, H.D. 2.

 

 

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

 

 

 

 

____________________________

MARK M. NAKASHIMA, Chair