HOUSE OF REPRESENTATIVES |
H.B. NO. |
428 |
THIRTY-SECOND LEGISLATURE, 2023 |
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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. Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§134- Public
carry of firearms in sensitive places and upon private business establishment or
charitable establishment premises; prohibited. (a) Except as otherwise provided by federal or
state law, no person shall intentionally, knowingly, or recklessly carry on
their person a firearm, concealed or unconcealed:
(1) In any
sensitive place; or
(2) Upon the
premises of any business establishment or charitable establishment unless the business establishment or charitable establishment, or
an agent thereof, has expressly consented thereto. Express consent may include signage.
(b)
This section shall not apply to:
(1) Persons
exempted under section 134-11; or
(2) Detectives,
private detectives, investigators, and guards authorized by the chief of police
to carry a firearm in the particular sensitive place, business establishment,
or charitable establishment while on duty in that sensitive place, business establishment, or charitable establishment.
(c)
Any person violating this section shall be guilty of a misdemeanor. A law enforcement officer may arrest an
alleged violator of any provision of this section or issue a citation in lieu
of arrest, as provided in section 803-6.
(d) In
any prosecution, it shall be an affirmative defense that the person was exempt
pursuant to subsection (b). The presence
of a person at any sensitive place, business establishment, or charitable
establishment in subsection (a) shall be prima facie evidence that the person
knows it is a sensitive place, business establishment, or charitable
establishment.
(e) This
section shall be considered to be supplemental to any adopted county ordinance and
shall not be construed to supersede or modify county ordinances or rules;
provided that the county ordinance is not less restrictive than this section.
(f)
For the purposes of this section:
"Business" means any sole proprietorship,
partnership, joint venture, business trust, limited liability company, business
corporation, professional corporation, or other business entity formed for
profit-making purposes.
"Business establishment" includes
any of the following establishments operated by a business:
(1) Any hotel,
except individual hotel rooms and when actively traveling through a hotel to or
from an individual hotel room;
(2) Any financial
institution;
(3) Any industrial,
commercial, or wholesale establishment;
(4) Any utility;
(5) Any retail
establishment where goods or services are sold, leased, or otherwise provided
to the public or another business; and
(6) Any restaurant
or bar.
"Charitable establishment" means
any organization classified under section 501(c) of the Internal Revenue Code of 1986, as amended.
"Downtown
Honolulu" means that area of Oahu bounded by the H-1 Lunalilo freeway,
Ward avenue, the ocean, and Nuuanu stream.
"Sensitive place" means courtrooms;
establishments that allow consumption of alcohol on its premises; government
buildings; high-density spaces, such as Waikiki and Downtown Honolulu;
hospitals; schools; state and city parks; and voting service centers, as
defined under section 11-1.
"Waikiki" has the same meaning as
in section 712-1207."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Firearms; Sensitive Places; Business and Charitable Establishments
Description:
Prohibits the public carry of firearms in sensitive places and upon private business establishment or charitable establishment premises, except under certain circumstances.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.