OPPOSE: SB 2046 (Trigger Mod / Bumpstock Ban) (Read 115318 times)

PalisadesKid

OPPOSE: SB 2046 (Trigger Mod / Bumpstock Ban)
« on: January 18, 2018, 02:14:22 PM »
From the Facebook page of Matt LoPresti with Gregg Takayama tagged.

Straight from the desks of the chairs of the Committee of Public "Safety".




FULL TEXT OF THE SENATE BILL 2046:

RELATING TO FIREARMS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 134-8, Hawaii Revised Statutes, is
amended by amending its title and subsections (a) and (b) to
read as follows:
"1134-8 Ownership, etc., of automatic firearms, silencers,
trigger modification devices, 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; a trigger modification device, bump stock or bump
fire device, trigger crank, or any part, combination of parts,
component, device, attachment, or accessory that is designed or
functions to accelerate the rate of fire of a semiautomatic
firearm; 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, or to accelerate the rate of fire of a semiautomatic
firearm, shall be deemed to have manufactured an automatic
firearm in violation of subsection (a) .It
SECTION 2. This Act does not affect rights and duties that
matured, penalties that were incurred, and proceedings that were
begun before its effective date.
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.

2018-0206 SB SMA.doc 2

Report Title:
Firearms; Trigger Modification Devices; Bump Stocks
Description:
Prohibits trigger modification devices, including bump stocks,
that are designed or function to accelerate the rate of fire of
a semiautomatic firearm.
The summary description of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent,


Direct Legislature link: https://www.capitol.hawaii.gov/session2018/Bills/SB2046_.PDF
« Last Edit: February 27, 2018, 04:51:29 PM by PalisadesKid »

Flapp_Jackson

Re: HAWAII "BUMP STOCK" BAN TO BE INTRODUCED 2018
« Reply #1 on: January 18, 2018, 02:26:24 PM »
LoPresti studied philosophy at UH Manoa, and is  an Associate Professor of Philosophy and Humanities at HPU.

Glad he has the background to sign a bill with realistic standards of "rapid-fire device" compared to a .... non-rapid-fire device?

If they ask the KHSC RSO's, rapid fire will be defined as "shooting more than one round in 3 seconds".
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

tillamook

Re: HAWAII "BUMP STOCK" BAN TO BE INTRODUCED 2018
« Reply #2 on: January 18, 2018, 02:53:17 PM »
If you look close you can see the lobotomy scar. 

punaperson

Re: HAWAII "BUMP STOCK" BAN TO BE INTRODUCED 2018
« Reply #3 on: January 18, 2018, 02:55:08 PM »
I can hardly wait to read a bill written by a philosophy professor that defines a "device that in effect create(s) a rapid fire device"!

I've emailed both of them and ask for the text of the bill or a link to the text of the bill.

Let's see... pants belt loop, stick, rubber band, string, firm bent finger...

Edited at 3:03 PM: Just called both offices. Takayama's office said they are still gathering signatures and the bill won't be introduced until at least tomorrow and has no bill number yet. LoPresti's office said they will try to get me a copy of the bill when they have it finalized.


LoPresti ,  Matthew S. (D)
Phone 808-586-6080
E-Mail: replopresti@Capitol.hawaii.gov

Takayama ,  Gregg (D)
Phone 808-586-6340
E-Mail: reptakayama@Capitol.hawaii.gov
« Last Edit: January 18, 2018, 03:08:10 PM by punaperson »

tillamook

Re: HAWAII "BUMP STOCK" BAN TO BE INTRODUCED 2018
« Reply #4 on: January 18, 2018, 03:07:34 PM »
I can hardly wait to read a bill written by a philosophy professor that defines a "device that in effect create(s) a rapid fire device"!

I've emailed both of them and ask for the text of the bill or a link to the text of the bill.

Let's see... pants belt loop, stick, rubber band, string, firm bent finger...

Edited at 3:03 PM: Just called both offices. Takayama's office said they are still gathering signatures and the bill won't be introduced until at least tomorrow and has no bill number yet. LoPresti's office said they will try to get me a copy of the bill when they have it finalized.

We pay for the legislature to have lawyers that write the bills for them.  They give them the gist and the lawyers write it up.    In this case, it is very likely that an out of state anti-gun organization paid for by Bloomberg wrote the bill.  Legislators dont actually do work. 

They are the experts of nothing. 

punaperson

Re: HAWAII "BUMP STOCK" BAN TO BE INTRODUCED 2018
« Reply #5 on: January 18, 2018, 03:17:34 PM »
We pay for the legislature to have lawyers that write the bills for them.  They give them the gist and the lawyers write it up.    In this case, it is very likely that an out of state anti-gun organization paid for by Bloomberg wrote the bill.  Legislators dont actually do work. 

They are the experts of nothing.
Okay, how's this?

I can hardly wait to read a bill approved and advocated for by a philosophy professor that defines a "device that in effect create(s) a rapid fire device"!

Can a finger be "a device"? Is Jerry Miculek "a device"?

punaperson

Re: HAWAII "BUMP STOCK" BAN TO BE INTRODUCED 2018
« Reply #6 on: January 18, 2018, 03:35:00 PM »
The bill is now available via search for "bump", even though it wasn't a few hours ago when I searched earlier today: https://www.capitol.hawaii.gov/session2018/Bills/SB2046_.PDF

SB2046

"1134-8 Ownership, etc., of automatic firearms, silencers,
trigger modification devices, etc., prohibited; penalties.

; a trigger modification device, bump stock or bump
fire device, trigger crank, or any part, combination of parts,
component, device, attachment, or accessory that is designed or
functions to accelerate the rate of fire of a semiautomatic firearm

(b) Any person who installs, removes, or alters a firearm
part with the intent to convert the firearm to an automatic
firearm, or to accelerate the rate of fire of a semiautomatic
firearm,
shall be deemed to have manufactured an automatic
firearm in violation of subsection (a)

* * * *

So would a Dremel buffing wheel that could be used to polish certain surfaces of a trigger group be such a "device"? What about a whole new trigger group or lighter weight springs?

dwela

Re: HAWAII "BUMP STOCK" BAN TO BE INTRODUCED 2018
« Reply #7 on: January 18, 2018, 04:16:31 PM »
Our legislature never fails to disappoint.

ren

Re: HAWAII "BUMP STOCK" BAN TO BE INTRODUCED 2018
« Reply #8 on: January 18, 2018, 04:32:57 PM »
He should sign a law that prevents anyone from thinking about owning a bump stock
Deeds Not Words

punaperson

Re: HAWAII "BUMP STOCK" BAN TO BE INTRODUCED 2018
« Reply #9 on: January 18, 2018, 05:14:16 PM »
He should sign a law that prevents anyone from thinking about owning a bump stock
Waddaya wanna bet every legislator signing onto that bill, and all those that ultimately vote for it (if it gets to a vote) will all solemnly swear to God (as they did with their oath of office) that they "support the Second Amendment, but..."?

Why not just cut to the chase and ban everything but single-shot bolt-action or break-open rifles, shotguns and handguns?

Even then... why not get totally real and just ban all firearms (from anyone other than government agents), which is the real goal.

I guess they know that conniving treasonous lying is the necessary strategy. For the children. Or something.

rklapp

Re: HAWAII "BUMP STOCK" BAN TO BE INTRODUCED 2018
« Reply #10 on: January 18, 2018, 05:18:58 PM »
So how do they define accelerate the rate of fire? I guess the ROs will be walking the line with a stop watch to make sure we are not shooting accelerated. Are they gonna include a rate of fire like 600 RPM and above?
Yahh! Freedom and justice shall always prevail over tyranny, Babysitter Girl!
https://ronsreloading.wordpress.com/

Flapp_Jackson

Re: HAWAII "BUMP STOCK" BAN TO BE INTRODUCED 2018
« Reply #11 on: January 18, 2018, 05:51:30 PM »
So how do they define accelerate the rate of fire? I guess the ROs will be walking the line with a stop watch to make sure we are not shooting accelerated. Are they gonna include a rate of fire like 600 RPM and above?

Colt lists the AR-15 "Rate of Fire" as "Semi-Auto".

BushMaster says: "Effective rate of fire is 45 rounds per minute."

Colt actually owns the AR-15 design, since they bought it from Armalite.  If anyone is going to establish the standard for rate of fire, it ought to be them I would think.

If that standard is defined, only then would LE be able to prove a device increases a rifle's rate beyond what is legal.

To establish a law that makes it illegal to own a device that does something relative to no set specification is madness.
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

macsak

Re: HAWAII "BUMP STOCK" BAN TO BE INTRODUCED 2018
« Reply #12 on: January 18, 2018, 05:54:29 PM »
NRA_ILA already has an email out

ren

Re: HAWAII "BUMP STOCK" BAN TO BE INTRODUCED 2018
« Reply #13 on: January 18, 2018, 05:58:18 PM »
meh. Philosophers. People with no critical thinking skills or such skills are so impractical that there is no practical place for them in society. The most dangerous place is for them to "think" about what laws should be passed. Think about that.
Deeds Not Words

2ahavvaii

Re: HAWAII "BUMP STOCK" BAN TO BE INTRODUCED 2018
« Reply #14 on: January 18, 2018, 06:04:57 PM »
https://act.nraila.org/takeaction.aspx?AlertID=1843

NRA form to send message opposing the measure.

punaperson

Re: HAWAII "BUMP STOCK" BAN TO BE INTRODUCED 2018
« Reply #15 on: January 18, 2018, 08:04:13 PM »
So how do they define accelerate the rate of fire? I guess the ROs will be walking the line with a stop watch to make sure we are not shooting accelerated. Are they gonna include a rate of fire like 600 RPM and above?
"Any person who installs, removes, or alters a firearm part with the intent to convert the firearm to an automatic firearm, to accelerate the rate of fire of a semiautomatic firearm, shall be deemed to have manufactured an automatic firearm in violation of subsection (a)..."

They don''t have to define "rate of fire", only that the rate of fire after the "modification" is "accelerated" on that particular firearm compared to prior to the modification. So if previously you could empty a 30 round mag in 20 seconds, and after applying some high quality lube to certain parts and thus obtained a rate of fire of emptying the 30 round mag in 19.9 seconds, you are, by definition, having "accelerated the rate of fire", guilty of "manufactur[ing] an automatic weapon". That's literally what it says.

The only way they could prove a person guilty of such a crime would be to have every person bring their firearms to some location and have them all fired by state staff using some objective mechanical firing device and record the rate of fire, and then do so again every year (or whatever interval) to check for "acceleration". And just to be sure the firearms aren't returned to de-accelerated "normal" just prior to the scheduled testing and then re-modified back to "accelerated" after the state test, there would have to be a program of random warranted or warrantless searches and seizures of all firearms in order to avoid the possibility of such "tampering". I mean who is going to bring their firearm to the test with the stick or the string or the rubber bands?

These are the lawyers at work.

I still say it'd be easier to just ban all firearms.

zippz

Re: HAWAII "BUMP STOCK" BAN TO BE INTRODUCED 2018
« Reply #16 on: January 18, 2018, 08:27:54 PM »
This bill will probably pass.  We should defend against the bill by arguing the language of the bill is vague and can apply to commonly used modifications that aren't meant to make the firearm function like an "automatic" like smoother and lighter trigger modifications which makes them more accurate and easier to shoot.  Also that this bill won't stop criminals from modifying the guns to shoot full auto.

If you bring up the case where you can simulate a bumpfire stock using a belt loop then they'll say you have no use of a bumpfire stock and won't miss it if it's banned. 

ren

Re: HAWAII "BUMP STOCK" BAN TO BE INTRODUCED 2018
« Reply #17 on: January 18, 2018, 08:31:12 PM »
this bill sounds that it has the platform to ban ALL semi automatic firearms if you display what you can do without a "bump stock"
Deeds Not Words

punaperson

Re: HAWAII "BUMP STOCK" BAN TO BE INTRODUCED 2018
« Reply #18 on: January 18, 2018, 08:36:28 PM »
If you bring up the case where you can simulate a bumpfire stock using a belt loop then they'll say you have no use of a bumpfire stock and won't miss it if it's banned.
This bill isn't a ban on bump stocks, it is a ban on any modification that accelerates the rate of fire. That's exactly what it literally says. You don't think they'd use vague and/or ambiguous language in any manner that would subjectively and selectively infringe on our rights do you?

macsak

Re: HAWAII "BUMP STOCK" BAN TO BE INTRODUCED 2018
« Reply #19 on: January 18, 2018, 08:39:24 PM »
Also that this bill won't stop criminals from modifying the guns to shoot full auto.

don't reinforce their mistaken thought that it is easy to convert to full auto...