SB 3041: DLE; Firearms; Large Knives; Placards; Businesses; Restaurants; Open to the Public; Notice; Requirement

A BILL FOR AN ACT

relating to Public safety.

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

     SECTION 1.  The legislature finds that, for the past two hundred years, the State's public has had an expectation of entering private restaurants and places of business without encountering lethal firearms or large knives.  However, the United States Supreme Court case of New York State Rifle & Pistol Ass'n, Inc. v. Bruen, 142 S.Ct. 2111, 2133 (2022) changed this expectation, which has made life more dangerous for the State's residents by allowing lethal firearms and large knives in many places where there was previously no expectation they would be encountered by the public.

     The legislature believes that to ensure public safety, the public should be given notice whether they might encounter lethal and dangerous weapons in places open to the public.

     Accordingly, the purpose of this Act is to:

     (1)  Require businesses or restaurants open to the public to post a color-coded placard indicating whether the business or restaurant allows firearms or large knives to be brought onto the premises; and

     (2)  Require the department of law enforcement to provide businesses and restaurants with free and easily downloadable placards.

     SECTION 2.  Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§134-    Placarding; notice of property owner's permission to carry firearms or large knives at businesses or restaurants open to the public.  (a)  Any business or restaurant open to the public shall post a color-coded placard indicating whether the business or restaurant allows firearms or large knives to be brought onto the premises.  The placard shall be posted in a location clearly visible to the general public and patrons entering the business or restaurant.

     (b)  The placard shall not be defaced, marred, camouflaged, hidden, or removed.  It shall be unlawful to operate a business or restaurant unless the placard is posted in accordance with this section.

     (c)  By January 1, 2027, the department of law enforcement shall provide businesses and restaurants with free and easily downloadable placards.  The placards shall be color-coded as follows:

     (1)  A green placard shall indicate that the business or restaurant does not allow firearms or large knives to be brought onto the premises;

     (2)  A yellow placard shall indicate that the business or restaurant allows either firearms or large knives to be brought onto the premises, but not both; and

     (3)  A red placard shall indicate that the business or restaurant allows firearms and large knives to be brought onto the premises.

     (d)  For the purposes of this section:

     "Business" has the same meaning as defined in section 328J‑1.

     "Large knife" means a knife with a blade more than       inches in length.

     "Open to the public" means enclosed or partially enclosed areas to which the public is invited or permitted and areas within any building available for use by or accessible to the general public during the normal course of business conducted therein by private entities, including educational facilities, financial institutions, health care facilities, hotel and motel lobbies, lanais, laundromats, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms, but does not include a private residence unless it is used as a child care, adult day care, or health care facility.

     "Restaurant" has the same meaning as defined in section 328J-1."

     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.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 5.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on January 1, 2027.

Report Title:

DLE; Firearms; Large Knives; Placards; Businesses; Restaurants; Open to the Public; Notice; Requirement

Description:

Requires businesses or restaurants open to the public to post a color-coded placard indicating whether the business or restaurant allows firearms or large knives to be brought onto the premises.  By January 1, 2027, requires the Department of Law Enforcement to provide businesses and restaurants with free and easily downloadable placards.  Effective 1/1/2027.

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