THE SENATE	S.B. NO.	2517
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO public safety.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The legislature finds that under current law, a person may be prohibited by a lawful judicial protective order or restraining order from possessing, controlling, or transferring ownership of a firearm or ammunition.  However, a violation of this prohibition is subject to only a misdemeanor penalty.

     The legislature finds that an active court order for protection or restraining order is an indication of an increased lethality risk for the protected party and others, and that unlawful possession, control, or transfer of a firearm or ammunition under such circumstances is a serious violation of public safety.

     The purpose of this Act is to establish a class C felony penalty for the unlawful possession, control, or transfer of a firearm or ammunition in violation of a judicial protective order or restraining order.

     SECTION 2.  Section 134-7, Hawaii Revised Statutes, is amended by amending subsection (j) to read as follows:

     "(j)  Any person violating subsection (a) [or], (b), or (f) shall be guilty of a class C felony; provided that any felon violating subsection (b) shall be guilty of a class B felony and if said prior felony conviction is that of a crime of violence, as defined in section 134-1, the defendant shall be sentenced to an indeterminate term of imprisonment as provided by law.  Any person violating subsection (c), (d), (e), [(f),] (g), or (h) shall be guilty of a misdemeanor."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________
	By Request

 

 

Report Title:

Hawaii Law Enforcement Coalition Package; Protective Orders; Restraining Orders; Firearms; Prohibition

 

Description:

Establishes a class C felony penalty for the unlawful possession, control, or transfer of a firearm or ammunition in violation of a valid judicial protective order or restraining order.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.