A bill to restrict the carrying of concealed and unconcealed firearms in “sensitive places” in Hawaii County, including medical and government facilities, schools and parks, establishments that serve alcohol, as well as several other locations, is set to be considered by the County Council.
Bill 220, introduced Monday by Hilo Councilmember Aaron Chung, would amend Hawaii County Code to add an article relating to licenses to carry concealed and unconcealed firearms on the Big Island. Chung, reached Tuesday afternoon, said the bill was initiated at the behest of Paul Ferreira, who retired Sept. 1 as police chief.
The ordinance, if passed, would define sensitive locations within the county where carry of a firearm is prohibited, consistent with an individuals 2nd Amendment right to bear arms in the wake of the U.S. Supreme Court’s June ruling in the New York State Rifle &Pistol Association vs. Bruen.
“This is intended to begin the discussion,” Chung said.
The nation’s high court on June 23 determined in a 6-3 decision Court ruled that “may-issue” laws — which give broad authority to reject applications — violate a person’s constitutional right to bear arms for self protection. That determination rendered unconstitutional a requirement for an applicant to demonstrate “good cause” to obtain a permit.
However, the ruling did leave some wiggle room for states with Justice Clarence Thomas writing the states could still prohibit guns in “sensitive places” so long as the list wasn’t overly expansive. In a concurring opinion, justices Brett Kavanaugh and John Roberts noted that states also had discretion to require licensing and training requirement.
“They opened the door — they validated the idea that you can restrict having concealed weapons in certain areas,” Chung said. “But they didn’t specify where those sensitive areas would be.”
As introduced, Bill 220 would prohibit concealed and unconcealed firearms in the following places:
• Hospitals, medical facilities, medical offices and/or medical clinics;
• Schools, colleges, universities, and/or other places where persons are assembled for educational, literary or scientific purposes;
• Daycare centers, playgrounds, parks and/or other places where children gather;
• Any churches or religious assemblies
• Voter service centers or places of deposit, and any appurtenances thereto, as defined by section 11-1, Hawaii Revised Statutes;
• Places where people are assembled for an event, social gathering, rally, demonstration or public exhibition that requires the issuance of a permit;
• Bars, restaurants and establishments that serve intoxicating beverages;
• Airports, public transit facilities and public transit vehicles;
• Government buildings, courthouses, judiciary buildings and the accompanying parking lots attached to such buildings; and
• Private property open to the public where it is not conspicuously posted that the public carry of firearms is allowed.
In addition to the “sensitive places,” the bill would prohibit a person from carrying a concealed or unconcealed weapon while under the influence of alcohol or any “intoxicating or hallucinatory drug or substance.”
It would also requires a person carrying a concealed or unconcealed firearm to inform law enforcement of their possession of the weapon upon contact.
Should the bill become law, a person found in violation of the rules shall have their license to carry a concealed or unconcealed firearm revoked for one year, unless otherwise reinstated by the police chief. The measure also includes language for how a person can appeal a revocation of license.
Acting Police Chief Kenneth Bugado on Sept. 16 reported to the Hawaii County Police Commission that the department had received 11 applications since the revision in the permitting process was implemented in August following the June U.S. Supreme Court decision. None had been granted.
Prior to the Supreme Court ruling, Hawaii police chiefs issued only six carry permits in 21 years, according to state data.
The bill had yet to be scheduled for committee hearing as of press-time Tuesday. The council next gathers in Hilo for committee meetings on Oct. 4 followed by the full council on Oct. 5 follwoed by Oct. 18 and 19 in Kona.
Email Chelsea Jensen at cjensen@westhawaiitoday.com.
