Hawaii is slowly tightening the leash on firearm ownership. Multiple legislative bills moving through the state House and Senate this session take aim at low-hanging fruit, but are welcome nonetheless. Gov. Josh Green this month signed two bills addressing “ghost guns” and levying harsher punishments for felons found in possession of firearms. Two more bills — covering storage regulations and ownership data reporting — are awaiting Green’s decision and should be enacted.
Signing House Bill 392 into law was a slam-dunk proposition, banning the possession, sale and transfer of so-called ghost guns within the islands. Typically constructed using a kit or separately available parts, these firearms — many popular pistol and rifle platforms are available — lack serial numbers, making them nearly impossible to effectively regulate and trace. To skirt federal licensing laws, companies sell unfinished frames and receivers that do not meet ATF classifications of a firearm. With a little work and minimal tooling, however, these parts can be crafted into a fully-functional gun, one that does not necessitate adherence to purchasing and transfer policies designed to keep weapons out of the hands of potentially dangerous owners.
On that point, Green rightly signed HB 137, which expands on existing statutes to require mandatory prison sentences for violent felons who are found owning, possessing or controlling a firearm or ammunition. Of note is the ominously worded “indeterminate term of imprisonment” defendants will face if caught and prosecuted.
Currently on the governor’s desk is HB 125, which firms up storage requirements to specify that guns must be kept in a secure location within a gun safe or tamper-resistant safety device that can only be opened by the authorized user — valuable counsel that must be observed by responsible owners. The bill’s language allows, with a few exceptions, for owners in violation of storage laws to be held liable for damages should their firearm be taken and used by another party to injure a person or property. Further, anyone conducting retail sale, personal sale or transfer must provide the buyer with a written copy of the gun storage statute.
Importantly, HB 125 broadens the scope of what is considered criminally negligent storage of a firearm, specifying that a violation occurs if the owner “knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor.” These steps are necessary.
Also up for signing into law: HB 995 grants county police departments about two extra months to furnish license to carry data, including number of applications, denials, appeals, demographics, license to carry violations and other information, to the state Department of Attorney General for its annual report. While any delay in reporting is regrettable — the AG and police have had ample time to adapt — there is an argument for complete and accurate data.
The quartet of bills, two of which are now law, merely nibble at the corners of a greater quandary facing the state: how to curtail gun deaths. Tied to that question — uniquely American among the world’s developed nations — is the equally pressing matter of preventing mass shootings. Both are unlikely to be answered solely through state-level legislation, but their respective occurrence rates can be lowered, and their devastating impact blunted. To that end, Senate Bill 401 is working its way through the Legislature.
Introduced as a measure targeting firearms capable of firing .50 caliber or larger ammunition, SB 401 has morphed into a ban on assault weapons, including assault rifles and assault shotguns. It will undoubtedly face fierce resistance from gun rights advocates, but appears to be moving steadily ahead. Should a more fully fleshed-out draft exit conference committee this week and face final approval, lawmakers will have an earnest opportunity to get serious about gun control.
