"The 2017 Hawaii legislative session begins in about 8 weeks. If anyone has an idea for legislation,  email it to me at senespero@capitol.hawaii.gov. I'll take a look at it and get back to you." (Posted a week ago)

I asked senator Gabbard for something re carry (suggesting of course that I favored permitless open and concealed) and he responded that he would be willing to re-introduce SB95 (one of the two "shall issue" bills first introduced in 2015 and denied even a committee hearing by Karl Rhoads during the 2016 session: http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=95&year=2016). If anyone has a permitless carry and/or open carry bill already written, please post a link to it so we can forward it to every known legislator in the state. Be sure to mention that it's "likely" (okay, "a moderate probability") that a federal national CCW reciprocitylaw will pass this year (as Trump has "promised") and require Hawaii to recognize permits and licenses from all other states, and thus tourists will be walking around armed,  but not Hawaii citizens (unless the Congressional law includes non-resident issued licenses, which it should in order to compel the six recalcitrant states to follow the Constitution for their own citizens).

Even a highly restrictive "shall issue" bill such as SB95 can't see the light of day here in Hawaii. I understand politicians have just so much "political capital" that, I suppose, they need to "spend" judiciously... but come on! If we are in a "no issue" situation (we are), and the bill put forth is "barely issue with a bunch of serious restrictions and "requirements"", the only room for "compromise" is: "no issue". I'd rather start off with "permitless open and concealed carry" and "compromise" from there (of course I truly abhor the idea of actually "compromising" any fundamental individual enumerated God-given/natural constitutionally-guaranteed civil rights, but apparently we are forced to "play a game", and thus far, on this issue, we are in last place with never having won a single game nor scored a single point/run. Why not shoot from half court or swing for the fences? How could we do any worse than we already have? But it would take a gutsy politician willing to act on principle rather than personal expediency. Not sure there are any of those here in Hawaii regarding this issue.)

Just emailed my submission. Please feel free to copy and paste or modify for your own version.

Senator Espero,

I'm responding to your posting:

"The 2017 Hawaii legislative session begins in about 8 weeks. If anyone has an idea for legislation,  email it to me at senespero@capitol.hawaii.gov."

Please consider introducing the following legislation:


[Repealed] §134-9  Licenses to carry.  (a)  In an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property, the chief of police of the appropriate county may grant a license to an applicant who is a citizen of the United States of the age of twenty-one years or more or to a duly accredited official representative of a foreign nation of the age of twenty-one years or more to carry a pistol or revolver and ammunition therefor concealed on the person within the county where the license is granted.  Where the urgency or the need has been sufficiently indicated, the respective chief of police may grant to an applicant of good moral character who is a citizen of the United States of the age of twenty-one years or more, is engaged in the protection of life and property, and is not prohibited under section 134-7 from the ownership or possession of a firearm, a license to carry a pistol or revolver and ammunition therefor unconcealed on the person within the county where the license is granted.  The chief of police of the appropriate county, or the chief's designated representative, shall perform an inquiry on an applicant by using the National Instant Criminal Background Check System, to include a check of the Immigration and Customs Enforcement databases where the applicant is not a citizen of the United States, before any determination to grant a license is made.  Unless renewed, the license shall expire one year from the date of issue.

     (b)  The chief of police of each county shall adopt procedures to require that any person granted a license to carry a concealed weapon on the person shall:

     (1)  Be qualified to use the firearm in a safe manner;

     (2)  Appear to be a suitable person to be so licensed;

     (3)  Not be prohibited under section 134-7 from the ownership or possession of a firearm; and

     (4)  Not have been adjudged insane or not appear to be mentally deranged.

     (c)  No person shall carry concealed or unconcealed on the person a pistol or revolver without being licensed to do so under this section or in compliance with sections 134-5(c) or 134-25.

     (d)  A fee of $10 shall be charged for each license and shall be deposited in the treasury of the county in which the license is granted. [L 1988, c 275, pt of §2; am L 1994, c 204, §8; am L 1997, c 254, §§2, 4; am L 2000, c 96, §1; am L 2002, c 79, §1; am L 2006, c 27, §3 and c 66, §3; am L 2007, c 9, §8]


thank you,

[punaperson]

Sorry wrong thread.

We'll I'll comment on this.  Although constitutional carry would be ideal, there would be no way it would get passed here.

Instead I'd try for a small step that is much more likely to be passed now.  A reciprocity with a state with high requirements, shall issue here with high training requirements, etc.  Get something passed here so it can be a test case that blood won't run in the streets so they'll be more agreeable to opening it up later.

I feel it's better to have a high chance of a small change, than almost no chance at a big change.

Sorry wrong thread.

We'll I'll comment on this.  Although constitutional carry would be ideal, there would be no way it would get passed here.

Instead I'd try for a small step that is much more likely to be passed now.  A reciprocity with a state with high requirements, shall issue here with high training requirements, etc.  Get something passed here so it can be a test case that blood won't run in the streets so they'll be more agreeable to opening it up later.

I feel it's better to have a high chance of a small change, than almost no chance at a big change.

Really? Name one specific "small step that is much more likely to be passed now". I hate to break it to ya, but you have no chance of any change... regarding your supposed right to "bear arms" outside your home for self-defense. The bills re "shall issue" CCW submitted for the past several years by senators Slom and Gabbard met your criteria, and they never got so much as a hearing in committee, much less a vote in committee, much less a vote in the senate or house.

I feel it's better, since there is no chance of any change via the legislature, to let them know that at least a certain number of citizens know that they are violating their oath of office to uphold the constitutions (they swore to uphold both the U.S. and Hawaii constitutions, both of which are worded identically re the right to keep and bear arms not being infringed), and are thus considered "domestic enemies" and ought to face trial and punishment as traitors.

Really? Name one specific "small step that is much more likely to be passed now". I hate to break it to ya, but you have no chance of any change... regarding your supposed right to "bear arms" outside your home for self-defense. The bills re "shall issue" CCW submitted for the past several years by senators Slom and Gabbard met your criteria, and they never got so much as a hearing in committee, much less a vote in committee, much less a vote in the senate or house.

I feel it's better, since there is no chance of any change via the legislature, to let them know that at least a certain number of citizens know that they are violating their oath of office to uphold the constitutions (they swore to uphold both the U.S. and Hawaii constitutions, both of which are worded identically re the right to keep and bear arms not being infringed), and are thus considered "domestic enemies" and ought to face trial and punishment as traitors.

This is the exact purpose of the 2nd and 10th amendment.
" Off with their heads "   

Okay, for those of you espousing the teeny tiny baby steps approach to attempting to have the legislature restore our constitutionally-guaranteed civil rights I just sent this one to Espero:



§134-8  Ownership, etc., of automatic firearms, silencers, etc., prohibited; penalties.  (a)  The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following is prohibited:  assault pistols, except as provided by section 134-4(e); automatic firearms; rifles with barrel lengths less than sixteen inches; shotguns with barrel lengths less than eighteen inches; cannons; mufflers, silencers, or devices for deadening or muffling the sound of discharged firearms; hand grenades, dynamite, blasting caps, bombs, or bombshells, or other explosives; or any type of ammunition or any projectile component thereof coated with teflon or any other similar coating designed primarily to enhance its capability to penetrate metal or pierce protective armor; and any type of ammunition or any projectile component thereof designed or intended to explode or segment upon impact with its target.
     (b)  Any person who installs, removes, or alters a firearm part with the intent to convert the firearm to an automatic firearm shall be deemed to have manufactured an automatic firearm in violation of subsection (a).
    (c)  The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of detachable ammunition magazines with a capacity in excess of ten rounds which are designed for or capable of use with a pistol is prohibited.  This subsection shall not apply to magazines originally designed to accept more than ten rounds of ammunition which have been modified to accept no more than ten rounds and which are not capable of being readily restored to a capacity of more than ten rounds.
     (d)  [(c)] Any person violating subsection (a) or (b) shall be guilty of a class C felony and shall be imprisoned for a term of five years without probation.  Any person violating subsection (c) shall be guilty of a misdemeanor except when a detachable magazine prohibited under this section is possessed while inserted into a pistol in which case the person shall be guilty of a class C felony. [L 1988, c 275, pt of §2; am L 1989, c 261, §6 and c 263, §4; am L 1992, c 286, §§3, 4]

Here is another one. What could be a more innocuous ("small step/small change") change to Hawaii's onerous gun laws than this?

Senator Espero,

Here is another bill. One that would make a substantial contribution to the health and well-being of law-abiding Hawaii citizens. First, there is no evidence that suppressors are used frequently in crime where they are legal. Second, there is no evidence that in the rare occasions where they are used that their use enables the crime nor hinders the apprehension of the criminals who use them. Third, and most importantly, firearm owners stand to gain substantially from reduced long term hearing loss via the use of suppressors. Many European countries, hardly bastions of firearms owners rights, REQUIRE the use of suppressors while hunting (mostly to minimize disturbance in surrounding areas). Fourth, it's quite likely that the new Trump administration and the Republican majority House of Representatives and Senate will pass a national suppressor legalization act, and possibly even remove suppressors from the purview of BATFE under the National Firearms Act of 1934. Perhaps in this one rare instance Hawaii could lead the way in doing something beneficial for law-abiding firearm owners.

thank you,

[punaperson]


134-8  Ownership, etc., of automatic firearms, silencers, etc., prohibited; penalties.  (a)  The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following is prohibited:  assault pistols, except as provided by section 134-4(e); automatic firearms; rifles with barrel lengths less than sixteen inches; shotguns with barrel lengths less than eighteen inches; cannons; mufflers, silencers, or devices for deadening or muffling the sound of discharged firearms; hand grenades, dynamite, blasting caps, bombs, or bombshells, or other explosives; or any type of ammunition or any projectile component thereof coated with teflon or any other similar coating designed primarily to enhance its capability to penetrate metal or pierce protective armor; and any type of ammunition or any projectile component thereof designed or intended to explode or segment upon impact with its target.

Amend to add


§26-7 Department of the attorney general. The department of the attorney general shall be headed by a single executive to be known as the attorney general.

The department shall administer and render state legal services, including furnishing of written legal opinions to the governor, legislature, and such state departments and officers as the governor may direct; represent the State in all civil actions in which the State is a party; approve as to legality and form all documents relating to the acquisition of any land or interest in lands by the State; and, unless otherwise provided by law, prosecute cases involving violations of state laws and cases involving agreements, uniform laws, or other matters which are enforceable in the courts of the State. The attorney general shall be charged with such other duties and have such authority as heretofore provided by common law or statute.

There shall be within the department of the attorney general a commission to be known as the commission to promote uniform legislation which shall sit in an advisory capacity to the attorney general and to the legislature on matters relating to the promotion of uniform legislation. The composition of the commission shall be as heretofore provided for the commission to promote uniform legislation existing immediately prior to November 25, 1959. The members of the commission shall be nominated, and by and with the advice and consent of the senate, appointed by the governor for terms of four years each, provided that each member shall hold office until the member's successor is appointed and qualified; and provided also that the provisions of section 26-34, limiting the appointment of members of boards and commissions to two terms and the duration of membership to not more than eight consecutive years shall not be applicable.

The department shall also furnish written legal opinions and clarifications of statues to the the citizens of the State of Hawaii when requested.

The functions and authority heretofore exercised by the attorney general, high sheriff, and the commission to promote uniform legislation as heretofore constituted are transferred to the department of the attorney general established by this chapter. [L Sp 1959 2d, c 1, §13; am L 1965, c 127, §1; Supp, §14A-12; HRS §26-7; am L 1969, c 123, §1 and c 175, §12; am L 1975, c 20, §1; gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]