State officials, including Gov. Josh Green and Attorney General Anne Lopez, unveiled Monday proposed changes to Hawaii’s fireworks laws aimed at improving enforcement, enhancing penalties and simplifying legal definitions.
The proposed legislation would introduce a $300 fine for infractions, creating a lower-level penalty to deter smaller violations and eliminate the current reliance on weight-based evidence and expert testimony, making it easier to prosecute offenders.
Instead of multiple weight increments, the law would separate violations into two categories: possession of 25 pounds or more, or less than 25 pounds.
The changes also would introduce enhanced sentencing for repeat offenders and cases where fireworks cause injury or death. Repeat offenders would see their charges elevated by one class if they have a prior conviction within 10 years.
If the illegal fireworks result in substantial bodily injury, such as burns or broken bones, charges would increase by one class. Serious bodily injury or death would raise charges by two classes, potentially making offenders subject to a Class A felony, which can result in a sentence of 20 years to life in prison as well as fines of up to $50,000.
Lopez emphasized the critical role of law enforcement and prosecutors in deterring illegal fireworks use, stating that while education is important, it is the legal system that will provide the necessary deterrence for potential offenders. Lopez noted that her department has drafted comprehensive legislation aimed at clarifying and streamlining Hawaii’s fireworks laws to enable faster and more successful convictions.
The proposed bill introduces a range of penalties based on the severity of the offense, including enhanced prison sentences for current crimes and sentencing increases for offenders who cause serious injury or death.
Lopez also pointed out that tackling the most serious offenders alone won’t solve the problem, as the illicit market is sustained by people who purchase even small amounts of fireworks.
To address this, the bill includes a mechanism that allows law enforcement to issue fines to low-level vendors, targeting the root of the illegal fireworks trade.
Officials estimated at least 40 pounds of fireworks were involved in the Aliamanu incident, and the proposed changes would allow for harsher penalties in such cases.
“If people take the life of an innocent soul, they have to be accountable,” Green said. “We’re trying to put real teeth into this so there are absolute deterrents.”
Lopez also highlighted the challenges with the existing law, explaining that the reliance on expert witnesses and forensic evidence has hindered convictions.
“We’re changing those definitions so that we don’t require expert witness or forensic evidence,” Lopez said.
Green added that introducing infractions with fines, such as the proposed $300 penalty for smaller offenses, would help reduce the sheer volume of illegal fireworks in circulation.
The proposals also aim to prevent plea deals that reduce charges in severe cases.
“At least four fatalities have occurred,” Green said. “If we move this up to an enhanced Class B or Class A felony, we’re talking about major time in prison.”
The changes come as Hawaii continues to grapple with widespread illegal aerial fireworks, which pose safety risks and overwhelm law enforcement.
Green acknowledged the challenge of enforcement given the thousands of people participating in illegal fireworks shows, but said the proposed enhancements would send a clear message.
He also strongly supported pursuing criminal charges against those involved in the Aliamanu fireworks incident that killed four people, including a 3-year-old boy, and injured more than two dozen others. He emphasized the need for stricter deterrents in response to the tragedy.
He said he would “love” to see the responsible parties held accountable, emphasizing that he believes such action is “necessary.”
The Attorney General’s Office confirmed it has not received an update on the investigation into the Aliamanu fireworks explosion that killed four people and injured dozens.
Officials explained that without final reports, witness statements and evidence, it is not possible for the Attorney General’s Office or county prosecutors to make any decisions regarding potential charges — all these elements are necessary to determine whether charges will be filed.
Officials also noted that video footage alone is not enough to charge anyone who was present at the time of the explosions.
Deputy Attorney General Tricia Nakamatsu explained that Hawaii has never had an infraction-level offense for fireworks before, noting that the standard for proving an infraction is much lower than for a criminal case. While criminal cases require proof beyond a reasonable doubt, infractions only require evidence to show that more than half of the evidence supports the case, making it easier and faster to prove.
Currently, there are no infractions or tickets available for low-level offenders, which is why police have been unable to enforce fireworks laws for minor offenses. The existing law includes only a misdemeanor charge for firing off fireworks of any size in public, applying to those using less than 25 pounds of fireworks.
The new infraction process would allow officers to issue citations more efficiently, without needing to spend hours writing reports or making arrests. Instead, officers only would need to collect evidence for testing, which would allow them to return to the road more quickly to respond to other calls. The proposed approach also would help hold people accountable for even minor offenses, addressing the problem at its core by targeting the end users who contribute to the illegal fireworks trade.
State Law Enforcement Director Jordan Lowe highlighted Monday the success of an amnesty event held Saturday at Aloha Stadium, where law enforcement officials collected 1,374 pounds of illegal fireworks from 121 vehicles, with no questions asked.
Lowe emphasized the positive impact of the event, stating, “That’s 121 homes that have less of a fire hazard.”
He expressed satisfaction with the public’s growing awareness of the dangers of fireworks and announced plans to hold another amnesty program later this year.
Looking ahead, Lowe added that the DLE will deploy new strategies to intercept fireworks coming into the state, while also continuing several ongoing investigations into the distribution of illegal fireworks.
