Hawaii: More Anti-Gun Bills Introduced Before Deadline

[Charlie T Waite]

The end of last week marked the bill introduction deadline for the 2020 legislative session. Dozens more firearm bills were introduced, many with grave consequences when it comes to exercising your Constitutionally protected Second Amendment Rights. Some of the more egregious bills introduced include: 

House Bill 2736 and Senate Bill 2635 restrict ammunition purchases and possession to those who provide a proof of firearm registration for the particular caliber of purchase. Additionally the legislation requires licensing for ammunition sellers. 

House Bill 2746 expands the current training requirement for pistol permits to all firearms. Additionally, it prohibits aliens (non-citizens) from obtaining a permit to acquire a firearm. In 2014, the United States District Court for the District of Hawaii ruled that a Hawaii law that did not allow for permanent resident aliens to obtain a permit to acquire a firearm violated the equal protection clause of the U.S. Constitution.

Senate Bill 2201 appropriates tax payer money to establish and fund “gun buyback” centers in each county. So-called “buybacks” have been shown to have little effect on crime and only provide more propaganda for gun control advocates.

Senate Bill 2517, like House Bill 1599, House Bill 1734, and Senate Bill 2152 previously reported on January 19^th, changes the permitting system for the purchase of rifles and shotguns (long guns) to match the procedure currently in place for handgun purchases. They will require an individual to obtain a permit from the police each and every time they wished to purchase a long gun that would only be valid for 10 days. Whereas now, only one permit is required to purchase any number of long guns, and is valid for a year. It goes without saying that these bills create an onerous and unnecessary new burden on law abiding citizens who wish to purchase long guns for sport, hunting, or home defense.

Senate Bill 2519, like House Bill 1736 and Senate Bill 2154, reported on previously, prohibits possession of magazines capable of holding more than ten rounds. These so called “high capacity” magazines are in fact standard equipment for commonly-owned firearms that many Americans legally and effectively use for an entire range of legitimate purposes, such as self-defense or competition. The bills recognize the utility of these magazines by carving out an exemption for law enforcement, but will still violate the rights of ordinary citizens. They contain no “grandfathering” provision for affected magazines lawfully acquired prior to the ban, so citizens will be forced to dispose of their property, alter it, or surrender it to the government.

Senate Bill 2626 expands the prohibition on "assault pistols" to include the purchase, transfer, or importation of commonly owned semi-automatic rifles and semi-automatic shotguns with detachable magazines or revolving cylinders. The legislation further prohibits the manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of magazines capable of holding more than 10 rounds. 

Senate Bill 2811 places severe restrictions on firearm loans, limiting them to a period not to exceed 12 hours for use within the state by an individual with a registered firearm or permit. 

Senate Bill 2943, like House Bill 1733 and Senate Bill 2151, reported on previously, prohibits the purchase and manufacture of certain firearms parts by private individuals in an effort to ban home built firearms. These bills are vague and overly broad as to what exactly could constitute a part or parts that could subject a person to felony penalties. They fail to recognize that prohibited persons already cannot lawfully possess any firearm, whether home built or produced by a licensed manufacturer.

Senate Bill 3053 contains vague language that simply bans "fifty caliber guns." We can only guess at the author's intent on this one.... The term “gun” is not defined in the definition section of the chapter of the Hawaii statutes relating to firearms. As written, this bill could ban .50 BMG rifles, .500 Smith & Wesson revolvers, and .50-caliber pistols like the Desert Eagle. Moreover, due to the bizarre drafting, this legislation has the potential to implicate shotguns and even many muzzleloaders, especially those popular for hunting.

Senate Bill 3054 requires individuals to provide notice of permanent removal of a firearm outside the state with the registering county within five days.