STAND. COM. REP. NO. 594

Honolulu, Hawaii

, 2021

RE: H.B. No. 1366

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2021

State of Hawaii

Sir:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 1366 entitled:

"A BILL FOR AN ACT RELATING TO FIREARMS,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Amend the offense of manufacturing, purchasing, or obtaining firearm parts to assemble a firearm having no serial number to also prohibit possession of those firearm parts; and

(2) Amend Act 74, Session Laws of Hawaii 2020, to repeal language that specified the prospective application of that Act.

Your Committee received testimony in support of this measure from the Honolulu Police Department, Maui Police Department, State of Hawaii Organization of Police Officers, and two individuals. Your Committee received testimony in opposition to this measure from the National Rifle Association, Valley Isle Sport Shooters, Hawaii Firearms Coalition, Hawaii Rifle Association, Berean Beacon Ministry, and numerous individuals. Your Committee received comments on this measure from the Department of Public Safety.

Your Committee finds that persons who are in possession of "ghost guns," or firearms that are assembled without serial numbers or other identification markings, are claiming that their actions do not violate state law because the parts used to assemble the firearm were acquired before the State prohibited manufacturing, purchasing, or obtaining firearm parts to assemble a ghost gun. This measure will make possession of these parts a class C felony.

Your Committee has amended this measure by:

(1) Changing the effective date to January 1, 2022; and

(2) Making a technical, nonsubstantive amendment for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1366, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1366, H.D. 1, and be referred to your Committee on Finance.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

____________________________

MARK M. NAKASHIMA, Chair