HB138

HOUSE OF REPRESENTATIVES	H.B. NO.	138
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO FIREARMS.

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

SECTION 1. Section 134-10.5, Hawaii Revised Statutes, is amended to read as follows:

"§134-10.5 Storage of firearm; responsibility with respect to minors. (a) No person shall store or keep any firearm [~~on any premises~~] under the person's control if the person 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~~], unless the person:

(1) Keeps the firearm in a securely locked box or other container or in a location that a reasonable person would believe to be secure; or

(2) Carries the firearm on the person or within such close proximity thereto that the person can readily retrieve and use it as if it were carried on the person.

(b) For purposes of this section, "minor" means any person under the age of eighteen years."

SECTION 2. Section 707-714.5, Hawaii Revised Statutes, is amended to read as follows:

"§707-714.5 Criminally negligent storage of a firearm. (1) A person commits the offense of criminally negligent storage of a firearm if the person violates section 134-10.5 and a minor obtains the firearm. [~~For purposes of this section, "minor" means any person under the age of eighteen years.~~]

(2) This section shall not apply if the minor obtains the firearm as a result of an unlawful entry to any premises by any person.

(3) [~~Criminally negligent storage of a firearm is a misdemeanor.~~] Any person violating subsection (1) shall be guilty of a misdemeanor; provided that it shall be a class C felony offense if the minor obtains the firearm and it results in the injury of the minor or another person; provided further that it shall be a class B felony offense if the minor obtains the firearm and it results in the death of the minor or another person.

(4) For purposes of this section, "minor" means any person under the age of eighteen years."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Firearms; Secure Storage

Description:

Clarifies the requirements for the secure storage of firearms. Amends the offense of criminally negligent storage of a firearm to establish felony penalties for when a minor obtains an unsecured firearm and it results in injury or death.

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

HB 138: RELATING TO FIREARMS.

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