The state Department of Law Enforcement plans to take action in tackling the ongoing issue of illegal fireworks by proposing the creation of an Explosive Enforcement Unit under the Illegal Fireworks Task Force during the upcoming legislative session.
DLE has been taking a three-pronged approach to address illegal fireworks: The first step focuses on stopping the importation of illegal fireworks through interdiction efforts; the second step targets distributors, particularly those selling illegal fireworks to the public; and finally, the department is working to educate the public on the dangers of setting off illegal fireworks and the importance of complying with regulations and the law.
One method to achieve this is promoting voluntary compliance by enforcing the laws, such as issuing citations when illegal fireworks are observed.
The move comes following a deadly New Year’s Eve fireworks explosion in Aliamanu, which killed four people and injured about 24 others. A 3-year-old boy was among the fatalities from a blast occurring on Keaka Drive when illegal fireworks ignited in a massive explosion.
Two women died at the scene of the explosion, while a third woman died at a hospital Jan. 1. The 3-year-old boy succumbed to his injuries at a hospital at 1:30 a.m. Monday.
A fifth fatality, a 20-year-old man, occurred in a separate incident in Kalihi.
The proposed Explosive Enforcement Unit aims to address the dangers and disruptions caused by illegal fireworks by focusing on their use, sale and distribution while enhancing public safety through enforcement and education.
The unit would enforce laws related to explosives and fireworks, monitor their use, investigate incidents, safely detonate hazardous devices and interdict illegal shipments. It also would seize illegal fireworks, track supply chains and handle other enforcement responsibilities.
DLE Director Jordan Lowe suggested that increasing staff to patrol and investigate would allow the task force to conduct more operations and help make communities safer.
From Dec. 1 to Thursday, fireworks-related enforcement in 2024 included one adult arrest, four adult citations, two juvenile arrests and one juvenile citation. In 2023 there were six adult arrests, eight adult citations, no juvenile arrests and one juvenile citation.
The numbers for 2022 included three adult arrests, 19 citations and one juvenile citation with no arrests; in 2021, adult arrests remained at three, with 52 citations, while juvenile cases saw no arrests and one citation; in 2020 there were four adult arrests, 61 citations, no juvenile arrests and five citations.
“What has happened so far, since the July 4 holiday last year to this past New Year’s, is that we have cited 14 or more individuals for setting off illegal fireworks,” Lowe said. “So, you have to understand the difficulty of doing this, conducting these operations, because they are very, very labor-intensive. And it’s not a matter of seeing a firework go off two blocks away, and then when you get there, everybody’s gone. It’s a matter of conducting surveillance in high-frequency areas and being able to gather the necessary evidence to cite these individuals.”
Conducting surveillance in high-frequency areas and gathering enough evidence allows law enforcement officers to cite people for a misdemeanor violation. However, prosecution goes much further, requiring many more elements and much stronger evidence.
“When you’re going to step into a court of law and actually prove someone guilty, you’re held to a higher standard than you and I looking out the kitchen window and see fireworks,” Lowe said.
Lowe said the department is investigating the Keaka Drive fireworks explosion, and once the investigation is complete, any identified felony violations will lead to prosecution and arrests.
If the case falls under state jurisdiction, it will be handled locally, while federal charges could apply depending on the circumstances.
He also stated that distributing, possessing or manufacturing illegal fireworks is considered a felony, with the severity of the offense determined by specific quantities and circumstances.
The usual process involves seizing the fireworks once they are determined to be contraband. After that, standard evidentiary procedures are followed to preserve the evidence and maintain the chain of custody for prosecution.
The seized fireworks are investigated and presented to the appropriate prosecuting authority, either the state Attorney General’s Office or the City and County prosecutor’s office.
To protect the integrity of its investigatory process, the Department of the Attorney General said it could not comment on the existence or status of specific investigations or potential pending cases.
“This tragedy impacts us all,” Attorney General Anne Lopez told the Honolulu Star-Advertiser in an email. “The Governor has asked for my office to assist with review of current fireworks-related laws. We are in the very beginning stages of this process. We will release the final product when it is complete.”
Lowe said the handling of illegal fireworks is the same with every criminal case, and there is not a specific time frame or timetable.
Recently, two people after arrest have been charged in connection with illegal fireworks offenses.
Daniel Young was charged with transferring an aerial device to an unpermitted person and discharging an aerial device weighing 25 pounds or more without a license, both Class C felonies. The offenses occurred Dec. 11, 2023. Young pleaded not guilty to the charges on June 20 and later entered a no-contest plea Nov. 6. His bail was set at $11,000, which was posted June 14.
Wolfgang Clark faced similar charges, accused of discharging an aerial device weighing 25 pounds or more without a license and transferring an aerial device to an unpermitted person, also Class C felonies. The offenses occurred Dec. 5, 2023. Clark pleaded not guilty on June 17 and entered a no-contest plea Dec. 5. His bail was set at $5,000, and he was released on cash bail June 12.
Young’s motion to defer his no-contest plea and/or sentencing is scheduled for 9:45 a.m. Feb. 19. In Clark’s case the court acknowledged the motion to defer, and Clark signed the acknowledgment page in open court. His sentencing has been scheduled for 9 a.m. March 13.
Between 2023 and 2024, DLE seized approximately 74.5 tons of illegal fireworks through shipping containers. Lowe said all four cases are still under investigation, which could take a while, especially with such a huge amount.
The Clark and Young cases are separate from the larger seizures and are being investigated by a different task force in coordination with HPD.
“We do not check every container; we can’t do that because it would impede commerce too much,” Lowe said. “It’s on a case-by-case basis, depending on how much evidence is recovered, which will determine how long the processing will take.”
DLE currently has $1.265 million in funding for the fiscal year, which ends June 30.
Lowe noted that the proposed Explosive Enforcement Unit likely would require additional funding from the Legislature to create positions, allowing for increased staffing and more comprehensive coverage.
