HB 2503: Fireworks; Civil Forfeiture; Criminal Enforcement; Air Delivery

A BILL FOR AN ACT

RELATING TO FIREWORKS.

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

     SECTION 1.  Chapter 132D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§132D-     Forfeiture of property used in violation of this chapter.  Any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit a felony offense under this chapter or that facilitated or assisted a felony offense, and any proceeds or other property acquired or maintained with the proceeds from a felony offense under this chapter, may be ordered forfeited to the State, subject to the requirements of chapter 712A."

     SECTION 2.  Section 132D-2, Hawaii Revised Statutes, is amended by amending the definition of "aerial device" to read as follows:

     ""Aerial device" means any fireworks that upon ignition, discharge, or otherwise being set off [rises] moves itself more than twelve feet [into the air] in any direction and then combusts, explodes, deflagrates, or detonates [in the air,]; shoots or emits flaming balls[,]; or shoots or emits sparks[.], or any fireworks that upon ignition, discharge, or otherwise being set off is capable of moving itself more than twelve feet in any direction and then combusting, exploding, deflagrating, or detonating; shooting or emitting flaming balls; or shooting or emitting sparks.  Alternatively, "aerial device" may include but is not limited to any device classified as fireworks under UN0336 and UN0337 by the United States Department of Transportation as set forth in title 49 Code of Federal Regulations that contains one hundred thirty milligrams or less of explosive materials, including firework items commonly known as bottle rockets, sky rockets, missile-type rockets, helicopters, torpedoes, daygo bombs, roman candles, flying pigs, and jumping jacks that move about the ground farther than a circle with a radius of twelve feet as measured from the point where the item was placed and ignited, aerial shells, and mines."

     SECTION 3.  Section 132D-5.2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  A person commits the offense of sending or receiving fireworks or articles pyrotechnic by air delivery if the person intentionally, knowingly, or recklessly sends or receives any amount of aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks via any form of air delivery, including but not limited to any private courier, commercial carrier, or mail or postal services[;], regardless of whether the person accompanies the fireworks or articles pyrotechnic on the air delivery; provided that a person possessing a current explosives license issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives shall not be prosecuted under this section if the person sends or receives the aerial devices, articles pyrotechnic, consumer fireworks, [aerial devices,] or display fireworks[, or articles pyrotechnic] via any form of air delivery in compliance with federal law."

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

     SECTION 5.  This Act shall take effect on July 1, 2055.

Report Title:

Fireworks; Civil Forfeiture; Criminal Enforcement; Air Delivery

Description:

Authorizes civil asset forfeiture related to fireworks offenses that constitute felonies.  Amends the definition of "aerial device".  Clarifies that the offense of sending or receiving fireworks or articles pyrotechnic by air delivery applies regardless of whether the offender accompanies the air delivery.  Effective 7/1/2055.  (SD2)

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 FIREWORKS.

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

     SECTION 1.  Chapter 132D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§132D-     Forfeiture of property used in violation of this chapter.  In the case of a violation of this chapter that constitutes a felony, any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit a violation under this chapter or that facilitated or assisted the activity, and any proceeds or other property acquired or maintained with the proceeds from a violation of this chapter, may be ordered forfeited to the State, subject to the requirements of chapter 712A."

     SECTION 2.  Section 132D-2, Hawaii Revised Statutes, is amended by amending the definition of "aerial device" to read as follows:

     ""Aerial device" means any fireworks that upon ignition, discharge, or otherwise being set off [rises] moves itself more than twelve feet [into the air] in any direction and then combusts, explodes, deflagrates, or detonates [in the air], shoots or emits flaming balls, or shoots or emits sparks[.], or any fireworks that upon ignition, discharge, or otherwise being set off is capable of moving itself more than twelve feet in any direction and then combusting, exploding, deflagrating, or detonating, shooting or emitting flaming balls, or shooting or emitting sparks.  Alternatively, "aerial device" may include but is not limited to any device classified as fireworks under UN0336 and UN0337 by the United States Department of Transportation as set forth in title 49 Code of Federal Regulations that contains one hundred thirty milligrams or less of explosive materials, including firework items commonly known as bottle rockets, sky rockets, missile-type rockets, helicopters, torpedoes, daygo bombs, roman candles, flying pigs, and jumping jacks that move about the ground farther than a circle with a radius of twelve feet as measured from the point where the item was placed and ignited, aerial shells, and mines."

     SECTION 3.  Section 132D-5.2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  A person commits the offense of sending or receiving fireworks or articles pyrotechnic by air delivery if the person intentionally, knowingly, or recklessly sends or receives any amount of aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks via any form of air delivery, including but not limited to any private courier, commercial carrier, or mail or postal services[;], regardless of whether the person accompanies the fireworks or articles pyrotechnic on the air delivery; provided that a person possessing a current explosives license issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives shall not be prosecuted under this section if the person sends or receives the aerial devices, articles pyrotechnic, consumer fireworks, [aerial devices,] or display fireworks[, or articles pyrotechnic] via any form of air delivery in compliance with federal law."

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

     SECTION 5.  This Act shall take effect on July 1, 2055.

Report Title:

Fireworks; Civil Forfeiture; Criminal Enforcement; Air Delivery

Description:

Authorizes civil asset forfeiture related to fireworks offenses that constitute felonies.  Amends the definition of "aerial device".  Clarifies that the offense of sending or receiving fireworks or articles pyrotechnic by air delivery applies regardless of whether the offender accompanies the air delivery.  Effective 7/1/2055.  (SD1)

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 FIREWORKS.

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

     SECTION 1.  Chapter 132D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§132D-     Forfeiture of property used in violation of this chapter.  In the case of a violation of this chapter that constitutes a felony, any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit a violation under this chapter or that facilitated or assisted such activity, and any proceeds or other property acquired or maintained with the proceeds from a violation of this chapter, may be ordered forfeited to the State, subject to the requirements of chapter 712A."

     SECTION 2.  Section 132D-2, Hawaii Revised Statutes, is amended by amending the definition of "aerial device" to read as follows:

     ""Aerial device" means any fireworks that upon ignition, discharge, or otherwise being set off [rises] moves itself more than twelve feet [into the air] in any direction and then combusts, explodes, deflagrates, or detonates [in the air], shoots or emits flaming balls, or shoots or emits sparks[.], or any fireworks that upon ignition, discharge, or otherwise being set off is capable of moving itself more than twelve feet in any direction and then combusting, exploding, deflagrating, or detonating, shooting or emitting flaming balls, or shooting or emitting sparks.  Alternatively, "aerial device" may include but is not limited to any device classified as fireworks under UN0336 and UN0337 by the United States Department of Transportation as set forth in title 49 Code of Federal Regulations that contains one hundred thirty milligrams or less of explosive materials, including firework items commonly known as bottle rockets, sky rockets, missile-type rockets, helicopters, torpedoes, daygo bombs, roman candles, flying pigs, and jumping jacks that move about the ground farther than a circle with a radius of twelve feet as measured from the point where the item was placed and ignited, aerial shells, and mines."

     SECTION 3.  Section 132D-5.2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  A person commits the offense of sending or receiving fireworks or articles pyrotechnic by air delivery if the person intentionally, knowingly, or recklessly sends or receives any amount of aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks via any form of air delivery, including but not limited to any private courier, commercial carrier, or mail or postal services[;], regardless of whether the person accompanies the fireworks or articles pyrotechnic on the air delivery; provided that a person possessing a current explosives license issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives shall not be prosecuted under this section if the person sends or receives the aerial devices, articles pyrotechnic, consumer fireworks, [aerial devices,] or display fireworks[, or articles pyrotechnic] via any form of air delivery in compliance with federal law."

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

     SECTION 5.  This Act shall take effect on July 1, 3000.

Report Title:

Fireworks; Civil Forfeiture; Criminal Enforcement; Air Delivery

Description:

Authorizes civil asset forfeiture related to fireworks offenses that constitute felonies.  Amends the definition of "aerial device".  Clarifies that the offense of sending or receiving fireworks or articles pyrotechnic by air delivery applies regardless of whether the offender accompanies the air delivery.  Effective 7/1/3000.  (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 fireworks.

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

     SECTION 1.  Chapter 132D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§132D-     Forfeiture of property used in violation of this chapter.  In the case where the total weight of the fireworks is twenty-five pounds or more, any property used or intended for use in the commission of, attempt to commit, or conspiracy to commit a violation under this chapter or that facilitated or assisted such activity, and any proceeds or other property acquired or maintained with the proceeds from a violation of this chapter, may be ordered forfeited to the State, subject to the requirements of chapter 712A."

     SECTION 2.  Section 132D-2, Hawaii Revised Statutes, is amended by amending the definition of "aerial device" to read as follows:

     ""Aerial device" means any fireworks that upon ignition, discharge, or otherwise being set off [rises] moves itself more than twelve feet [into the air] in any direction and then combusts, explodes, deflagrates, or detonates [in the air], shoots or emits flaming balls, or shoots or emits sparks[.], or any fireworks that upon ignition, discharge, or otherwise being set off is capable of moving itself more than twelve feet in any direction and then combusting, exploding, deflagrating, or detonating, shooting or emitting flaming balls, or shooting or emitting sparks.  Alternatively, "aerial device" may include but is not limited to any device classified as fireworks under UN0336 and UN0337 by the United States Department of Transportation as set forth in title 49 Code of Federal Regulations that contains one hundred thirty milligrams or less of explosive materials, including firework items commonly known as bottle rockets, sky rockets, missile-type rockets, helicopters, torpedoes, daygo bombs, roman candles, flying pigs, and jumping jacks that move about the ground farther than a circle with a radius of twelve feet as measured from the point where the item was placed and ignited, aerial shells, and mines."

     SECTION 3.  Section 132D-5.2, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  A person commits the offense of sending or receiving fireworks or articles pyrotechnic by air delivery if the person intentionally, knowingly, or recklessly sends or receives any amount of aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks via any form of air delivery, including but not limited to any private courier, commercial carrier, or mail or postal services[;], regardless of whether the person accompanies the fireworks or articles pyrotechnic on the air delivery; provided that a person possessing a current explosives license issued by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives shall not be prosecuted under this section if the person sends or receives the consumer fireworks, aerial devices, display fireworks, or articles pyrotechnic via any form of air delivery in compliance with federal law."

     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.

Report Title:

Fireworks; Civil Forfeiture; Criminal Enforcement; Air Delivery

Description:

Authorizes civil asset forfeiture related to fireworks offenses involving fireworks with a total weight of twenty-five pounds or more.  Amends the definition of "aerial device".  Clarifies that the offense of sending or receiving fireworks or articles pyrotechnic by air delivery applies regardless of whether the offender accompanies the air delivery.

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.  918-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2503

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 2503 entitled:

"A BILL FOR AN ACT RELATING TO FIREWORKS,"

begs leave to report as follows:

     The purpose of this measure is to:

     (1)  Authorize civil asset forfeiture related to fireworks offenses involving fireworks with a total weight of twenty-five pounds or more;

     (2)  Amend the definition of "aerial device"; and

     (3)  Clarify that the offense of sending or receiving fireworks or articles pyrotechnic by air delivery applies regardless of whether the offender accompanies the air delivery.

     Your Committee received testimony in support of this measure from the Department of the Attorney General; Department of Law Enforcement; Hawaiian Humane Society; Animal Interfaith Alliance in Britain; and numerous individuals.

     Your Committee finds that illegal fireworks continue to threaten public safety in the State.  In 2025, the Legislature passed Act 243, Session Laws of Hawaii 2025, to bolster the State's laws on illegal fireworks and provide increased penalties and tools for enforcement.  This measure continues to strengthen Hawaii's fireworks laws by allowing civil forfeiture on certain violations, broadening the definition of "aerial device", and closing a loophole on the air shipment of illegal fireworks.

     Your Committee has amended this measure by:

     (1)  Changing the circumstances in which civil asset forfeiture is authorized to include fireworks offenses that constitute felonies;

     (2)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     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. 2503, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2503, 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,