STAND. COM. REP. NO. 1554-26

Honolulu, Hawaii

, 2026

RE: S.B. No. 2575

S.D. 2

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 2575, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO FIREARMS,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Establish mandatory minimum terms of imprisonment for certain class A felonies involving firearms;

(2) Change the penalty from a misdemeanor to a class A felony for possessing, controlling, or transferring ownership of any firearm or ammunition by a person who is restrained by court order from contacting, threatening, or physically abusing any person;

(3) Change the penalty from a class B felony to a class A felony for owning, possessing, or controlling any firearm or ammunition by a felon who is being prosecuted for, or has been convicted of, a felony, a crime of violence, a firearms-related offense, or an illegal sale or distribution of drugs;

(4) Change from a misdemeanor to a class A felony the penalty for carrying a firearm while under the influence of a controlled substance; and

(5) Establish unlawful possession of methamphetamine while carrying a firearm as a class A felony.

Your Committee received testimony in support of this measure from the Department of Law Enforcement; one member of the Maui County Council; Department of the Prosecuting Attorney of the County of Maui; Department of the Prosecuting Attorney of the City and County of Honolulu; Honolulu Police Department; Kauaʻi Police Department; Hawaiʻi Police Department; State of Hawaiʻi Organization of Police Officers; Kona Indivisible; Matriarchy Rising; and numerous individuals. Your Committee received testimony in opposition to this measure from the Office of the Public Defender; National Rifle Association of America, Institute for Legislative Action; Libertarian Party of Hawaii; and numerous individuals.

Your Committee finds that individuals who possess firearms under the influence of drugs or in violation of court orders pose a serious and predictable threat to public safety and law enforcement. Your Committee further finds that penalties should be increased in a measured and proportional manner to strengthen deterrence, reinforce court authority, and help prevent lethal outcomes..

Your Committee has amended this measure by:

(1) Deleting language that would have established mandatory minimum terms of imprisonment for certain class A felonies involving firearms;

(2) Changing the category of offense from a class A felony to a class C felony for possessing, controlling, or transferring ownership of any firearm or ammunition by a person who is restrained by court order from contacting, threatening, or physically abusing any person;

(3) Deleting language that would have elevated to a class A felony the offense of owning, possessing, or controlling any firearm or ammunition by a felon who is being prosecuted for, or has been convicted of, specified felony offenses, and reinstating existing law authorizing an indeterminate term of imprisonment if the prior felony conviction is that of a crime of violence;

(4) Changing the category of offense from a class A felony to a class B felony for carrying a firearm while under the influence of a controlled substance or for possessing methamphetamine while carrying a firearm;

(5) Changing the effective date to July 1, 3000, to encourage further discussion; and

(6) Making technical, nonsubstantive amendments 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 S.B. No. 2575, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2575, S.D. 2, 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,

____________________________

DAVID A. TARNAS, Chair