HOUSE OF REPRESENTATIVES |
H.B. NO. |
1736 |
THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to firearms.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the State has some
of the strongest gun safety laws in the nation, having received an A-minus
rating from the Giffords Law Center to Prevent Gun Violence. However, the legislature also finds that the State
can improve its gun safety laws by completely prohibiting in all firearms the
use of large-capacity magazines that can hold more than ten rounds of
ammunition. Current Hawaii law prohibits
the use of these magazines with pistols but not with long guns, such as rifles
or shotguns.
According to the Giffords Law Center to Prevent
Gun Violence, large-capacity magazines have been used in all ten of the
deadliest mass shootings that have occurred in the last decade. Mass shootings that involve large-capacity
magazines result in two to three times as many fatalities as other mass
shootings. By enabling a shooter to fire
repeatedly without needing to reload, these magazines significantly increase the
shooter's ability to quickly injure and kill large numbers of people. For example, using an assault weapon and a
drum magazine containing one hundred rounds of ammunition, the perpetrator of the
2019 mass shooting in Dayton, Ohio, was able to fire at least forty-one rounds
of ammunition in less than thirty seconds. As a result, the shooter was able to kill nine
people and wound twenty-six more.
Further, the legislature recognizes that the
amount of time a shooter needs to reload a weapon can be a critical factor in allowing
would-be victims to escape and for law enforcement or other persons to intervene.
In the 2011 mass shooting in Tucson, Arizona,
six people were killed and thirteen others were wounded, including United States
representative Gabrielle Giffords. Fortunately,
the shooting was interrupted when the perpetrator stopped to reload his weapon
and was tackled by a bystander. Similarly,
during the 2018 mass shooting at Marjory Stoneman Douglas High School in Parkland,
Florida, students were able to flee down a stairwell as the shooter paused to
reload his weapon.
The purpose of this Act is to reduce gun violence in the State by prohibiting the use of large-capacity magazines in all types of firearms.
SECTION 2. Section 134-8, Hawaii Revised Statutes, is amended to read as follows:
"§134-8 Ownership, etc., of automatic firearms,
silencers, etc., prohibited; penalties. (a)
The manufacture, possession, sale, barter, trade, gift, transfer, or
acquisition of any of the following is prohibited: assault pistols, except as provided by section
134-4(e); automatic firearms; rifles with barrel lengths less than sixteen
inches; shotguns with barrel lengths less than eighteen inches; cannons;
mufflers, silencers, or devices for deadening or muffling the sound of
discharged firearms; hand grenades, dynamite, blasting caps, bombs, or
bombshells, or other explosives; or any type of ammunition or any projectile
component thereof coated with teflon or any other similar coating designed
primarily to enhance its capability to penetrate metal or pierce protective
armor; and any type of ammunition or any projectile component thereof designed
or intended to explode or segment upon impact with its target.
(b)
Any person who installs, removes, or alters a firearm part with the
intent to convert the firearm to an automatic firearm shall be deemed to have
manufactured an automatic firearm in violation of subsection (a).
(c)
The manufacture, possession, sale, barter, trade, gift, transfer, or
acquisition of detachable ammunition magazines with a capacity in excess of ten
rounds [which are designed for or capable of use with a pistol] is prohibited. This subsection shall not apply to magazines
originally designed to accept more than ten rounds of ammunition that have been
modified to accept no more than ten rounds and that are not capable of being
readily restored to a capacity of more than ten rounds.
(d) Detachable ammunition magazines with a
capacity in excess of ten rounds may be acquired, possessed, and used by a law
enforcement agency or duly authorized law enforcement officer for official purposes.
[(d)] (e) Any person violating subsection (a) or (b)
shall be guilty of a class C felony and shall be imprisoned for a term of five
years without probation. Any person
violating subsection (c) shall be guilty of a misdemeanor except when a detachable
magazine prohibited under this section is possessed while inserted into a [pistol]
firearm in which case the person shall be guilty of a class C felony."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY: |
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By Request |
Report Title:
Honolulu Police Department Package; Firearms; Large-Capacity Magazines; Prohibition
Description:
Prohibits the manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of detachable ammunition magazines with a capacity in excess of 10 rounds, regardless of the type of firearm with which the magazine is compatible. Makes an exception for possession and use by law enforcement agencies and officers.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.