SB1542

SECTION 1. The legislature finds that, pursuant to article IX, sections 1 and 10, of the Constitution of the State of Hawaii, the State is obligated to protect the health and safety of the public. The legislature therefore believes that the State must place restrictions on the public spaces in which firearms and electric guns may be carried.

The legislature further finds that Hawai `i's firearms laws are an important reason that Hawai`i leads the nation in preventing incidents of gun violence. Nationwide, more than thirty thousand gun violence-related deaths occur per year. In Hawai`i, there are fewer than fifty gun violence-related deaths per year, and these deaths occur at a rate of fewer than five gun deaths for every one hundred thousand people. Hawai`i has cumulatively ranked number one as the state with the lowest number of deaths, and lowest rate of deaths, from gun violence. According to annual statistics from the Centers for Disease Control and Prevention, Hawai`i had the lowest number of deaths and lowest death rate attributed to gun violence in 2020. In 2019, Hawai`i had the second lowest number of deaths and the fourth lowest death rate. In 2018, Hawai`i had the second fewest deaths and third lowest death rate; in 2017, the fewest deaths and lowest death rate; in 2016, the second fewest deaths and fourth lowest death rate; in 2015, the second fewest deaths and second lowest death rate; and in 2014, the second fewest deaths and lowest death rate.

The legislature recognizes that, in New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. ___, 142 S. Ct. 2111 (2022), the United States Supreme Court held that the public carrying of firearms "could be prohibited consistent with the Second Amendment" in "sensitive places". Many states and federal agencies have historically enacted location-based restrictions on the carrying of firearms in or on such places as school grounds, legislative buildings, polling places, courthouses, places of worship, college and university campuses, bars and restaurants that serve alcohol, and other spaces for public or social gathering. The legislature observes that restrictions on public carrying of firearms in Hawai`i have existed for many years. For example, a law enacted on May 25, 1852, "An Act to Prevent the Carrying of Deadly Weapons" (1852 Haw. Sess. Laws 19), declared that "the habit of carrying deadly weapons is dangerous to life and the public peace".

Accordingly, this current Act, grounded in the State's historical restrictions and principles, restricts firearms from areas in which public health and safety demand protection. These areas include any private property or business in which firearms are not usually allowed (and usually not expected), unless the property owner has the authority and expressly consents to an individual's carry of a firearm.

The legislature notes that this Act's location-based restrictions do not negate or diminish other laws regulating firearms, including laws that prohibit the possession of a firearm without a permit to acquire a firearm, laws that prohibit carrying a firearm without a license to carry, and laws that require firearm registration.

The legislature further finds that data support location‑based restrictions on the carrying of firearms. When other cities and states changed their laws to allow the concealed carrying of firearms, or loosened restrictions on the carrying of firearms, there was a corresponding increase in crimes involving firearms. Michael Siegel and other researchers from the Boston University School of Public Health compared homicide rates over a twenty-five-year period, from 1991 to 2015. Their findings, published in 2017 in the American Journal of Public Health as Easiness of Legal access to Concealed Firearm Permits and Homicide Rates in the United States (107:12, 1923-29, DOI: https:doi.org/10.2105/AJPH.2017.304057), concluded that "shall-issue" laws, which require concealed carry permits to be issued if the permit criteria are met, are associated with significantly higher rates of total, firearm‑related, and handgun-related homicide: 6.5 per cent higher total homicide rates, 8.6 per cent higher firearm-related homicide rates, and 10.6 per cent higher handgun-specific homicide rates, when compared with states having "may-issue" laws which grant authorities discretion on whether to issue carrying permits. Similarly, Emma Fridel, a Florida State University College of Criminology and Criminal Justice professor, examined the impact of household gun ownership and concealed carry legislation on firearm-related homicides and mass shootings in the United States from 1991 to 2016. The professor, whose findings were published in 2021 in Justice Quarterly as Comparing the Impact of Household Gun Ownership and Concealed Carry Legislation on the Frequency of Mass Shootings and Firearms Homicide (38:5, 892‑915, DOI: httdoi.org/10.1080/07418825.2020.1789693), found that states with "shall-issue" laws and states that do not require a permit to carry a firearm have overall firearm homicide rates that are 10.8 per cent higher than states with "may-issue" laws. A team of researchers lead by John Donohue found that "shall‑issue" laws were associated with increased rates of violence in forty-seven major United States cities, including a twenty‑nine per cent overall increase in firearm violent crimes, a thirty-two per cent increase in firearm‑related robberies, and a thirty-five per cent increase in gun thefts. The team, in More Guns, More Unintended Consequences: The Effects of Right‑to-Carry on Criminal Behavior and Policing in US Cities, a June 2022 working paper published by the National Bureau of Economic Research (available at: https:www.nber.org/papers/w30190), concluded: "Any crime‑inhibiting benefits from increased gun carrying are swamped by the crime-stimulating impacts". Still other researchers, led by Mitchell L. Doucette, also found an association of "shall-issue" laws with increased violence. Their manuscript, entitled Impact of Changes to Concealed Carry Weapons Laws on Fatal and Nonfatal Violent Crime, 1980-2019 (kwac160,DOI: https:doi.org/10.1093/aje/kwac160), and published in 2022 by the American Journal of Epidemiology, concluded that those laws led to a 9.5 per cent increase in the rate of firearm assaults.

The legislature further finds that Act 183, Sessions Laws of Hawaii 2021, repealed the State's prohibition on electric guns. While Act 183 imposed reasonable requirements relating to the use, storage, transfer, disposal, and purchase of electric guns, the Act did not impose location-based restrictions on the carrying or the possession of those electric guns. The legislature believes that those restrictions are also necessary to protect public health and safety.

Accordingly, the purpose of this Act is to protect the public health and safety, in a manner consistent with the Second Amendment of the Constitution of the United States, by:

(1) Specifying sensitive locations in which the carrying of firearms is prohibited;

(2) Authorizing, in certain circumstances, the carrying of firearms on private property, when authorized by the property owner, the property owner's agent, or the lessee of the property;

(3) Specifying restricted areas in which the carrying or possession of electric guns is prohibited;

(4) Imposing certain firearm storage requirements on individuals licensed to carry firearms; and

(5) Requiring the department of the attorney general to submit to the legislature, over a four-year period, semi-annual reports on the public carrying of firearms.

SECTION 2. Chapter 134, Hawaii Revised Statutes, is amended by adding four new sections to part I to be appropriately designated and to read as follows:

"§134-A Firearm carrying; sensitive location restrictions and prohibitions. (a) No individual carrying a firearm, concealed or unconcealed, on the individual's person shall enter or remain in or on, including the grounds and buildings of, any:

(1) Place owned or under the control of federal, state, or county government, excluding any:

(A) Dwelling unit or lodging unit when not used as a child care facility;

(B) Designated shooting complex; and

(C) Building used for an authorized firearms show or exhibit, during normal operating hours for the firearms show or exhibit;

(2) Public transportation vehicle, facility, or structure used for land, air, or sea transportation, including any:

(A) Airplane, bus, train car, ship, or other vehicle; and

(B) Airport, bus terminal, train station, or any other structure used for or in connection with public transportation;

(3) Library, playground, recreation center, or public park;

(4) Nursery school, preschool, or child care facility, including any day care center or camp;

(5) Educational institution, college, university, public school, charter school, private school, or any state‑operated or state-supported school;

(6) School bus or other school vehicle used for the transport of students;

(7) Public or private hospital or hospital affiliate, mental health facility, nursing home, medical office, urgent care facility, or any other place at which medical services are customarily provided;

(8) Shelter or residential facility licensed, regulated, or approved by a government entity;

(9) Place at which services to children, youth, young adults, or people with developmental disabilities are provided by an individual or entity licensed, regulated, or approved by a government entity to provide those services;

(10) Establishment licensed for on-premises consumption of liquor;

(11) Theater, arena, stadium, museum, amusement park, performance venue, concert venue, exhibit hall, conference center, banquet hall, or other place commonly used for performances, the arts, entertainment, or sporting events;

(12) Voter service center, place of deposit, or appurtenance to a voter service center or place of deposit, including any parking lots, routes of access, and any other areas specified in section 11-132; or any area within a two hundred-foot radius from the perimeter of those locations; or

(13) Property at which any government-permitted public event is actively being held, the sidewalks or streets immediately adjacent to that property, and the area within a one thousand-foot radius of the perimeter of that property; provided that signs are clearly and conspicuously posted at visible places along the perimeter of the event to identify the event; provided further that this paragraph shall not apply to an individual if the individual:

(A) Possesses a valid license to carry a firearm pursuant to section 134-9;

(B) Is walking through the property in order to access the individual's residence, place of business, or vehicle;

(D) Does not loiter or remain in place at the property longer than necessary for the purposes of subparagraph (B).

(b) Nothing in this section shall prohibit the carrying of a firearm as expressly authorized by federal or state law.

(1) Misdemeanor for a first offense; or

(2) Class C felony for any subsequent offense committed within five years after a prior offense,

shall be subject to revocation of any license to carry a firearm pursuant to section 134-13, and shall be ineligible to apply for a license to carry a firearm until one year after the individual's sentence has been served.

(d) For the purposes of this section, "government‑permitted public event" means a public gathering, special event, or other public event for which the issuance of a permit from a federal, state, or local government agency was necessary.

§134-B Firearm carrying; on private property; restrictions and prohibitions. (a) Except as provided in subsection (b), no individual carrying a firearm, concealed or unconcealed, on the individual's person shall enter or remain in or on any private property, including any place of private business open to the public.

(b) Unless the individual is otherwise restricted by the location-based restrictions in section 134-A, an individual licensed to carry a firearm pursuant to section 134-9 and applicable county ordinances who is carrying the firearm in a manner consistent with the license may enter or remain in or on any private property with the express consent of the property owner, the property owner's agent, or the lessee of the property; provided that express consent may be conveyed through:

(1) The use of signs; or

(2) Other reasonable means.

(1) Misdemeanor for a first offense; or

(2) Class C felony for any subsequent offense committed within five years after a prior offense,

(d) For the purposes of this section, "private property" means any real property that is not owned or controlled by a government entity. "Private property" includes any private residential, commercial, industrial, or agricultural real property, and includes the premises of the real property.

§134-C Safe storage of firearms; persons licensed to carry firearms. (a) Any individual licensed to carry a firearm pursuant to section 134-9 shall store each of the individual's firearms as described in subsection (b), except when:

(1) The firearm is kept on any premises under the person's control and is stored pursuant to section 134-10.5; or

(2) The individual is actively carrying the firearm on the individual's person, as authorized by the license issued to the individual.

(b) The individual shall store each firearm, unloaded, in an enclosed container, placed out of plain view, and locked with a padlock, keylock, combination lock, or similar locking device; provided that the utility or glove compartment of a motor vehicle shall not serve as an enclosed container.

(c) Any individual who violates this section shall be guilty of a misdemeanor, shall be subject to revocation of any license to carry a firearm pursuant to section 134-13, and shall be ineligible to apply for a license to carry a firearm until one year after the individual's sentence has been served.

§134-D Duty to inform law enforcement upon contact when carrying firearm. (a) Any individual licensed to carry a firearm pursuant to section 134-9 who is in possession of or carrying a firearm when contacted by a law enforcement officer shall immediately:

(1) Inform the law enforcement officer that the individual is in possession of or carrying the firearm; and

(2) Present the individual's license to the law enforcement officer.

(b) Any individual who violates this section shall be guilty of a petty misdemeanor, shall be subject to revocation of any license to carry a firearm pursuant to section 134-13, and shall be ineligible to apply for a license to carry a firearm until one year after the individual's sentence has been served."

SECTION 3. Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

"§134-E Electric gun carrying; restricted areas and prohibitions. (a) No individual carrying or in possession of an electric gun shall enter or remain in or on, including the grounds and buildings of, any:

(1) Place owned or under the control of federal, state, or county government, excluding any:

(A) Dwelling unit or lodging unit when not used as a child care facility;

(B) Designated shooting complex; and

(C) Building used for an authorized firearms show or exhibit, during normal operating hours for the firearms show or exhibit;

(2) Public transportation vehicle, facility, or structure used for land, air, or sea transportation, including any:

(A) Airplane, bus, train car, ship, or other vehicle; and

(B) Airport, bus terminal, train station, or any other structure used for or in connection with public transportation;

(3) Playground, nursery school, preschool, or child care facility, including any day care center or camp;

(4) Educational institution (other than a college or university), public school, charter school, private school, or any state-operated or state-supported school;

(5) School bus or other school vehicle used for the transport of students (other than college or university students);

(6) Voter service center, place of deposit, or appurtenance to a voter service center or place of deposit, including any parking lots, routes of access, and any other areas specified in section 11-132; or any area within a two hundred-foot radius from the perimeter of those locations; or

(7) Property at which any government-permitted public event is actively being held, the sidewalks or streets immediately adjacent to that property, and the area within a one thousand-foot radius of the perimeter of that property; provided that signs are clearly and conspicuously posted at visible places along the perimeter of the event to identify the event; provided further that this paragraph shall not apply to an individual if the individual:

(A) Is walking through the property in order to access the individual's residence, place of business, or vehicle;

(B) Has no other reasonable means of accessing the individual's residence, place of business, or vehicle; and

(b) Nothing in this section shall prohibit the possession or carrying of an electric gun as expressly authorized by federal or state law.

(d) For the purposes of this section, "government‑permitted public event" shall have the same meaning as in section 134‑A(d)."

SECTION 4. Section 134-11, Hawaii Revised Statutes, is amended to read as follows:

"§134-11 Exemptions. (a) Sections 134-7 to 134-9 [~~and~~], 134-21 to 134-27, and 134-A to 134-D, except section 134-7(f), shall not apply:

(1) To state and county law enforcement officers; provided that such persons are not convicted of an offense involving abuse of a family or household member under section 709-906;

(2) To members of the armed forces of the State and of the United States and mail carriers while in the performance of their respective duties if those duties require them to be armed;

(3) To regularly enrolled members of any organization duly authorized to purchase or receive the weapons from the United States or from the State; provided the members are either at, or going to or from, their places of assembly or target practice;

(4) To persons employed by the State, or subdivisions thereof, or the United States while in the performance of their respective duties or while going to and from their respective places of duty if those duties require them to be armed;

(5) To aliens employed by the State, or subdivisions thereof, or the United States while in the performance of their respective duties or while going to and from their respective places of duty if those duties require them to be armed; and

(6) To police officers on official assignment in Hawaii from any state which by compact permits police officers from Hawaii while on official assignment in that state to carry firearms without registration. The governor of the State or the governor's duly authorized representative may enter into compacts with other states to carry out this paragraph.

(b) Sections 134-2 [~~and~~], 134-3, and 134-A to 134-D shall not apply to such firearms or ammunition that are a part of the official equipment of any federal agency.

(c) Sections 134-8, 134-9, [~~and~~] 134-21 to 134-27, and 134-A to 134-D shall not apply to the possession, transportation, or use, with blank cartridges, of any firearm or explosive solely as props for motion picture film or television program production when authorized by the chief of police of the appropriate county pursuant to section 134-2.5 and not in violation of federal law."

SECTION 5. Section 134-25, Hawaii Revised Statutes, is amended to read as follows:

"[[]§134-25[]] Place to keep pistol or revolver; penalty. (a) Except as provided in sections 134-5 and 134-9, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

(1) A place of repair;

(2) A target range;

(3) A licensed dealer's place of business;

(4) An organized, scheduled firearms show or exhibit;

(5) A place of formal hunter or firearm use training or instruction; or

(6) A police station.

"Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.

(b) Any person violating [~~this section~~] subsection (a) by carrying or possessing a loaded or unloaded pistol or revolver shall be guilty of a class B felony.

(c) Any individual having a valid license to carry a firearm issued pursuant to section 134-9 shall comply with the safe storage requirements of section 134-C."

SECTION 6. Section 134-26, Hawaii Revised Statutes, is amended to read as follows:

"[[]§134-26[]] Carrying or possessing a loaded firearm on a public highway; penalty. (a) It shall be unlawful for any person on any public highway to carry on the person, or to have in the person's possession, or to carry in a vehicle any firearm loaded with ammunition[~~; provided that this~~].

(b) This section shall not apply to any person who has in the person's possession or carries a pistol or revolver in accordance with a license issued as provided in section 134‑9[.]; provided that the person is in compliance with the safe storage requirements of section 134-C.

[~~(b)~~] (c) Any vehicle used in the commission of an offense under this section shall be forfeited to the State, subject to the notice and hearing requirements of chapter 712A.

[~~(c)~~] (d) Any person violating this section shall be guilty of a class B felony."

SECTION 7. Section 134-87, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Sections 134-82 [~~and~~], 134-86(f), and 134-E shall not apply to:

(1) Law enforcement agencies and law enforcement officers acting within the course of their employment; and

(2) The Army or Air National Guard and its members when they are assisting civil authorities in disaster relief, emergency management, or law enforcement functions, subject to the requirements of section 121‑34.5;

provided that the electric guns shall be acquired by the law enforcement agencies or the Army or Air National Guard and not individual law enforcement officers or members of the Army or Air National Guard, and shall remain in the custody and control of law enforcement agencies or the Army or Air National Guard."

SECTION 8. The department of the attorney general, in consultation with the gun violence and violent crimes commission, shall submit to the legislature a semi-annual report by December 1, 2023, and every six months thereafter, through December 1, 2027. Each report shall include a record of all violations of this Act's location-based restrictions on the carrying or possession of firearms or electric guns.

SECTION 9. The provisions of this Act that apply to all individuals licensed to carry a firearm pursuant to section 134‑9, Hawaii Revised Statutes, and applicable county ordinances.

SECTION 10. Nothing in this Act shall be construed to limit a county's authority to enact an ordinance to further regulate the carrying of firearms.

SECTION 11. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 12. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 13. In codifying the new sections added by sections 2 and 3 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 15. This Act shall take effect on September 1, 2023.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1542
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII