HB 137: Firearms; Ownership, Possession, or Control; Prohibition

A BILL FOR AN ACT

RELATING TO FIREARMS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 134-7, Hawaii Revised Statutes, is amended by amending subsection (j) to read as follows:

     "(j)  Any person violating subsection (a) or (b) shall be guilty of a class C felony; provided that any felon violating subsection (b) shall be guilty of a class B felony[.] and if said prior felony conviction is that of a crime of violence, as defined in section 134-1, the defendant shall be sentenced to an indeterminate term of imprisonment as provided by law.  Any person violating subsection (c), (d), (e), (f), (g), or (h) shall be guilty of a misdemeanor."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Firearms; Ownership, Possession, or Control; Prohibition

Description:

Provides that violent felons that are in violation of the prohibition against owning, possessing, or controlling a firearm or ammunition are subject to a mandatory prison term.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to firearms.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 134-7, Hawaii Revised Statutes, is amended by amending subsection (j) to read as follows:

     "(j)  Any person violating subsection (a) or (b) shall be guilty of a class C felony; provided that any felon violating subsection (b) shall be guilty of a class B felony[.] and shall be sentenced to an indeterminate term of imprisonment as provided by law.  Any person violating subsection (c), (d), (e), (f), (g), or (h) shall be guilty of a misdemeanor."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Firearms; Ownership, Possession, or Control; Prohibition

Description:

Provides that felons that are in violation of the prohibition against owning, possessing, or controlling a firearm or ammunition are subject to a mandatory prison term.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 1369

Honolulu, Hawaii

RE:    H.B. No. 137

       H.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Public Safety and Military Affairs, to which was referred H.B. No. 137, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO FIREARMS,"

begs leave to report as follows:

     The purpose and intent of this measure is to provide that violent felons who are in violation of the prohibition against owning, possessing, or controlling a firearm or ammunition are subject to a mandatory prison term.

     Your Committee received testimony in support of this measure from the Department of Law Enforcement, Department of the Prosecuting Attorney for the City and County of Honolulu, Office of the Prosecuting Attorney for the County of Hawaiʻi, State of Hawaii Organization of Police Officers, one member of the Kauaʻi County Council, and three individuals.

     Your Committee received testimony in opposition to this measure from the Office of the Public Defender and twenty-eight individuals.

     Your Committee finds that individuals who have committed violent felonies and subsequently illegally possess firearms pose a significant risk to public safety.  Accordingly, this measure establishes a mandatory minimum prison sentence for individuals with a prior felony conviction for a crime of violence who violate the existing prohibition against convicted felons owning, possessing, or controlling firearms or ammunition.  The mandatory imprisonment provision will create a stronger deterrent for those who might otherwise disregard current prohibitions and will address the serious nature of violations committed specifically by violent offenders, who statistically present a higher risk of recidivism with firearms. 

     As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 137, H.D. 1, and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,

STAND. COM. REP. NO.  829

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 137

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 137 entitled:

"A BILL FOR AN ACT RELATING TO FIREARMS,"

begs leave to report as follows:

     The purpose of this measure is to require that felons that are in violation of the prohibition against owning, possessing, or controlling a firearm or ammunition be sentenced to a mandatory prison term.

     Your Committee received testimony in support of this measure from the Department of Law Enforcement; one member of the Kauaʻi County Council; Hawaiʻi Police Department; Office of the Prosecuting Attorney of the County of Hawaiʻi; State of Hawaii Organization of Police Officers; and one individual.  Your Committee received testimony in opposition to this measure from the Office of the Public Defender and two individuals.  Your Committee received comments on this measure from one individual.

     Your Committee finds that although firearms offenses are often committed by convicted felons who are prohibited from owning, possessing, or controlling firearms or ammunition, these individuals frequently avoid penalties like prison sentences.  This measure aims to reduce crime, enhance public safety, and ensure consistency in the sentencing of dangerous offenders.

     Your Committee has amended this measure by specifying that the mandatory prison term be imposed on felons whose prior felony conviction is that of a crime of violence.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 137, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 137, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,