Gov. Josh Green has signed into law two bills regulating guns in the islands and is considering two others as the state Legislature this year moved to strengthen Hawaii’s already strict firearm laws.
The two bills signed last week by Green address so-called ghost guns and tougher sentencing for felons who use firearms, while the two under consideration cover gun ownership and county reporting of firearm ownership data.
The various bills garnered passionate testimony from both sides with Hawaii gun advocates citing the U.S. Constitution’s Second Amendment right to bear arms and others calling for tighter rules to keep people, especially children, safe.
On Thursday, Green signed House Bill 392, which bans ghost guns across the islands.
Ghost guns lack the serial numbers that are used by law enforcement officers in gun crime investigations to trace a weapon’s history. Ghost guns also can be bought and transferred without background checks, which are used to prevent weapons from being sold or transferred to someone who is not legally allowed to possess them.
Green on Thursday also approved House Bill 137, calling for mandatory prison sentences for “violent felons” found in possession or control of a firearm or ammunition.
The bills awaiting Green’s decision include:
— House Bill 125, which requires gun owners to follow additional storage regulations and calls for anyone selling new or used firearms to inform buyers of those more stringent rules.
— And House Bill 995, which gives county police departments more time to provide gun ownership data to the state Department of Attorney General. The AG’s office supported the measure, saying it would not only help police chiefs, but also “give the department sufficient time to complete the annual report with its existing resources.”
Asked for comment on both the firearms bills he’s signed into law and the two others awaiting Green’s action, his office said the governor will await comment on all bills until the end of the current legislative session, which is scheduled to wrap up May 2.
Among the new firearm storage requirements in HB 125, the owner of a firearm would be liable for a third party’s misuse of a weapon that was not stored properly.
HB 125 also would require firearms to be secured in a locked safe, storage container or tamper-resistant device — regardless of whether a minor could likely access them.
If passed into law, anyone who does not follow the storage procedures could be fined up to $500, or charged with criminally negligent storage — a misdemeanor — if a minor gains access to a weapon.
Kainoa Kaku, who represents the Hawaii Rifle Association, invoked the Second Amendment in his written opposition to HB 125.
“It oversteps constitutional boundaries, imposes strict liability on law-abiding gun owners, and lacks clarity in enforcement while failing to address the root causes of gun-related incidents,” Kaku wrote.
Kaku argued that HB 125 lacks specific wording and would require “guess work” from gun owners.
“H.B. 125 unfairly criminalizes responsible firearm owners with vague and impractical storage mandates,” he wrote.
The Hawaii-American Nurses Association argued in favor of stricter firearm storage laws in Hawaii.
HB 125 provides “an opportunity for Hawaii to lead by example, demonstrating a commitment to data-driven solutions that address the root causes of gun violence,” the association’s testimony said.
Holly Kessler, executive director at the Hawaii Public Health Association, said she believes that HB 125 makes owning a gun safer.
“More than 1,200 children and teens die by gun suicide each year, most often using guns belonging to a family member,” Kessler wrote. “Over 80 percent of child firearm suicides take place in a home.”
“While millions of responsible gun owners follow recommended storage practices, research shows that more than half of gun owners do not store all of their guns securely,” she said.
But many who submitted testimony opposing HB 125 called it another step toward increased restrictions on gun owners in Hawaii.
J. Alexander wrote testimony in opposition on behalf of Self Defense Solutions Hawaii.
“We firmly oppose any more unnecessary firearms laws in Hawaii,” Alexander wrote. “Enough is enough. The people have a right to defend themselves!”
Kaku submitted testimony opposing the ghost gun bill in addition to his opposition to HB 125, questioning how effective the ghost gun ban would be would be at deterring criminals from using illegal guns.
“Criminals, by definition, do not follow firearm regulations,” Kaku wrote. “Adding another prohibition does nothing to stop illegal gun trafficking or violent crime.”
Keely Hopkins, state director for the National Rifle Association, also testified against HB 392.
Hopkins said banning the sale or trade of a gun without a serial number means “banning the longstanding and lawful practice of making a firearm for personal use.”
“Precluding an individual from building a firearm without first obtaining government approval infringes on a longstanding American tradition,” wrote Hopkins.
But Agustin Cabrera said banning ghost guns will keep the community safe from people who are not fit to carry firearms.
He cited news coverage of the 2013 rampage at Santa Monica College in California by a gunman who failed a firearm background check and then assembled an assault-style rifle out of parts that he used to kill five people and wound many more, prompting the issue of ghost guns to become part of the national debate on firearm regulations.
“A man who failed a background check and could not legally purchase a gun built an assault rifle from a ghost gun kit, then used it on a rampage at a college campus, killing five people,” Cabrera wrote. “Ghost guns are dangerous and unregulated weapons,” he wrote.
Hawaii
firearm bills
— House Bill 125, pending action by Gov. Josh Green, would require gun owners to follow additional gun storage laws. Anyone selling new or used firearms also would have to inform buyers of the stricter rules.
— HB 392, which Green signed into law Thursday, bans so-called ghost gunsacross the islands. They lack serial numbers, which law enforcement use to investigate gun-related crimes, and can be purchased without background checks.
— HB 137, which Green also signed into law Thursday, requires that “violent felons” face mandatory prison terms for possessing or controlling a firearm or ammunition.
— HB 995, also on Green’s desk, would amend requirements of county police chiefs when it comes to reporting data on licenses for people to carry firearms.
