So this is from our friend Rhodes again.

Probably a F-U for the 1000 oppose testimony for SB301 (semi auto rifle and mag ban) and 500 oppose to SB307 (50 cal and shotgun ban).

So if youre at home, it will be illegal to posess a gun outside  BBQing and have a BAC of 0.08. Or at work and other places to keep locations.



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So this is from our friend Rhodes again.

Probably a F-U for the 1000 oppose testimony for SB301 (semi auto rifle and mag ban) and 500 oppose to SB307 (50 cal and shotgun ban).

So if youre at home, it will be illegal to posess a gun inside your home and have a BAC of 0.08. Because no one can carry outside the home anyways.

Bad guy breaks in looking to harm you or your family. You use your firearm and now broke the law.

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focus
you forgot the link

https://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=295&year=2021

So this is from our friend Rhodes again.

Probably a F-U for the 1000 oppose testimony for SB301 (semi auto rifle and mag ban) and 500 oppose to SB307 (50 cal and shotgun ban).

So if youre at home, it will be illegal to posess a gun inside your home and have a BAC of 0.08. Because no one can carry outside the home anyways.

Bad guy breaks in looking to harm you or your family. You use your firearm and now broke the law.

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Nope.  The bill only applies to intoxicated AND in possession of a loaded firearm AND outside the home.  it's legal to be armed on your property outside your house.  This would make it a petty misdemeanor to be grilling outside in your yard, drinking beer to intoxication, and holding/wearing a piece.

(c)   For purposes of this section:

(1)  A person is in possession of a loaded firearm when the person
has immediate physical control over a loaded firearm
and
the person is outside of the person's dwelling as defined in section 703-300

The asshole’s name is Karl RHOADS, not Rhodes.  You don't want to insult anyone who might have the last name Rhodes.

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Nope.  The bill only applies to intoxicated AND in possession of a loaded firearm AND outside the home.  it's legal to be armed on your property outside your house.  This would make it a petty misdemeanor to be grilling outside in your yard, drinking beer to intoxication, and holding/wearing a piece.

Thanks for the clarification. After reading 1100 pages of testiminy for sb301, the lines get blury.

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Nope.  The bill only applies to intoxicated AND in possession of a loaded firearm AND outside the home.  it's legal to be armed on your property outside your house.  This would make it a petty misdemeanor to be grilling outside in your yard, drinking beer to intoxication, and holding/wearing a piece.

and
the person is outside of the person's dwelling as defined in section 703-300

So, is outside your dwelling that which has walls, or your property line?   If walls, than you cannot carry while taking trash out, or grilling in the back yard.

Part of 703-300:

     “Dwelling” means any building or structure, though movable or temporary, or a portion thereof, which is for the time being a home or place of lodging.

Underlined the might be gray area of your back yard.

Part of 703-300:

     “Dwelling” means any building or structure, though movable or temporary, or a portion thereof, which is for the time being a home or place of lodging.

Underlined the might be gray area of your back yard.

Residence
Dwelling
Domicile
Lodging

These words are often used as synonyms, but legally they are not often interchangeable.

Dwelling is defined as a building or structure.  That dwelling may or may not be your residence.  In context of the firearm laws, your current dwelling may be a place of sojourn -- a hotel room -- lodging.  The addition of the words "Home" and "Lodging" in your quoted text further make the point that your dwelling is not necessarily your home/house, but it still must be a building or structure. 

Hence, the definition of "building or structure" is all that needs to be interpreted.  You can drink inside your dwelling, but you can't take the gun outside of your dwelling while intoxicated.

Once outside, it's a matter of interpreting the "places to keep" definitions as to the legality of having the gun sober, which is kind of off topic.  If they wanted to make your entire place of residence off limits for intoxication and having a loaded gun, why use "dwelling?"  "Residence" is already in HRS-134 multiple times.

I think they chose dwelling intentionally.  They know you can drink inside your home and have guns in your possession.  Can't prevent that.  But they can try to prevent you from being intoxicated outside with a loaded gun where more people would be potentially at risk.

I don't see any gray area there.  Of course, the Cops that respond to a complaint will have to know the law.

Would a dwelling be un-provable? Technically couldn't you call any place a dwelling if you plan to sleep?  Aka the ground/ yard with a sleeping bag.  Camping is a thing.  A vehicle if you plan to sleep in it.  Etc

Would a dwelling be un-provable? Technically couldn't you call any place a dwelling if you plan to sleep?  Aka the ground/ yard.  Camping is a thing.  A vehicle if you plan to sleep in it.  Etc

I wrote a very educational, multiple paragraph response.  But, as I ALREADY SAID, this is off topic.

So, your answer is:

 

Submitted

Submitted my oppose.

SB295 Firearms Intox was deferred.  Good testimony by public defender.  Opposition from Maui police.  Concerns about unenforcability by the prosecutors office.