SB 363: RELATING TO FIREARMS.

A BILL FOR AN ACT

RELATING TO FIREARMS.

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

     SECTION 1.  Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§134-    Place to keep firearm parts; penalty.  (a)  Except as provided in sections 134-5 and 134-9, all firearm parts shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry firearm parts in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

     (1)  A place of repair;

     (2)  A target range;

     (3)  A licensed dealer's place of business;

     (4)  An organized, scheduled firearms show or exhibit;

     (5)  A place of formal hunter or firearm use training or instruction; or

     (6)  A police station.

     (b)  Any felon or prohibited person violating this section shall be guilty of a class B felony; provided further that any felon or prohibited person convicted under this section shall be sentenced to a term of probation of four years, with conditions to include a term of imprisonment of not less than one year without possibility of suspension of sentence."

     SECTION 2.  Section 134-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

     ""Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm or firearm parts.

     "Firearm parts" means any item that is specifically designed for or adapted for use in creating a firearm, including the barrel, bolt, slide, frame, receiver, or cylinder.

     "Prohibited person" means any person who cannot lawfully possess a firearm as defined by section 134‑7(a) and (b)."

     SECTION 3.  Section 134-8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Any person who possesses, installs, removes, or alters a firearm part with the intent to convert the firearm to an automatic firearm, regardless of whether the conversion is readily reversible, shall be deemed to have manufactured an automatic firearm in violation of subsection (a)."

     SECTION 4.  Section 134-23, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§134-23[]]  Place to keep loaded firearms other than pistols and revolvers; penalty.  (a)  Except as provided in section 134-5, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

     (1)  A place of repair;

     (2)  A target range;

     (3)  A licensed dealer's place of business;

     (4)  An organized, scheduled firearms show or exhibit;

     (5)  A place of formal hunter or firearm use training or instruction; or

     (6)  A police station.

     ["Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.]

     (b)  Any person violating this section by carrying or possessing a loaded firearm other than a pistol or revolver shall be guilty of a class B felony[.]; provided that a person convicted under this section shall be sentenced to a term of probation of four years, with conditions to include a term of imprisonment of not less than one year without possibility of suspension of sentence."

     SECTION 5.  Section 134-24, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§134-24[]]  Place to keep unloaded firearms other than pistols and revolvers; penalty.  (a)  Except as provided in section 134-5, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

     (1)  A place of repair;

     (2)  A target range;

     (3)  A licensed dealer's place of business;

     (4)  An organized, scheduled firearms show or exhibit;

     (5)  A place of formal hunter or firearm use training or instruction; or

     (6)  A police station.

     ["Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.]

     (b)  Any person violating this section by carrying or possessing an unloaded firearm other than a pistol or revolver shall be guilty of a class C felony[.]; provided that a person convicted under this section shall be sentenced to a term of probation of four years, with conditions to include a term of imprisonment of not less than six months without possibility of suspension of sentence."

     SECTION 6.  Section 134-25, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§134-25[]]  Place to keep pistol or revolver; penalty.  (a)  Except as provided in sections 134-5 and 134-9, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

     (1)  A place of repair;

     (2)  A target range;

     (3)  A licensed dealer's place of business;

     (4)  An organized, scheduled firearms show or exhibit;

     (5)  A place of formal hunter or firearm use training or instruction; or

     (6)  A police station.

     ["Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.]

     (b)  Any person violating this section by carrying or possessing a loaded or unloaded pistol or revolver shall be guilty of a class B felony[.]; provided that a person convicted under this section shall be sentenced to a term of probation of four years, with conditions to include a term of imprisonment of not less than one year without possibility of suspension of sentence."

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval.

Report Title:

Firearms; Firearm Parts; Criminal Offenses; Penalties

Description:

Allows the carrying or possessing of firearm parts only at or between certain locations and in an enclosed container.  Defines firearm parts and prohibited persons.  Establishes and increases penalties for the carrying or possessing of certain firearms or firearm parts other than at or between specific locations and in an enclosed container.  (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 FIREARMS.

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

     SECTION 1.  The legislature finds that gun violence is a growing concern in Hawaii.  Due to multiple high profile shootings across the State, it is critical that the State hold individuals accountable for illegally possessing firearms in public.  "Ghost guns", which are untraceable firearms that can be easily assembled with little to no training, are also becoming more prevalent in gun violence.  Individuals who illegally carry firearms or firearm parts in public must be held accountable to reduce gun violence.

     Currently, state and county law enforcement are unable to bring charges against an individual in possession of a firearm that has been deconstructed, which makes it difficult to reduce the potential for gun violence.  This loophole is known to criminals and has been used to evade enforcement of the gun laws as no charges can be sought against a person in possession of all the parts necessary to create a firearm because the weapon is not considered "operational".  Even an unskilled person can assemble a deconstructed firearm in a matter of seconds.  There is no reason for a person to be in possession of unsecured firearm parts as they traverse through our state other than to assemble the parts to create a gun.  This loophole of carrying gun parts must be closed to protect the community from gun violence.

     Often, individuals who illegally carry firearms throughout the State are not merely trying to protect themselves; they are also committing a significant number of other crimes, which create a significant risk to public safety.  In 2023, the Honolulu police department initiated one hundred forty-three cases for "place to keep" offenses, of which eighty-four arrests were effected on seventy-two individuals.  In 2023 alone, those seventy-two individuals arrested for "place to keep" accounted for an additional two hundred nineteen felony arrests and one hundred ninety-five misdemeanor arrests.

     In recent years, shootings among teens and young adults have become increasingly common in Honolulu.  These teens and young adults are not of age to legally possess a firearm but have been able to acquire the parts to build complete weapons because of the availability of firearms categorized as ghost guns.  In addition to these youth, ghost guns can be built by individuals who are prohibited from possessing a firearm due to felony convictions, domestic violence convictions, or court orders.  The Honolulu police department conducted a target enforcement operation between October 13, 2024, and October 26, 2024, in which seven individuals were arrested for "place to keep" offenses.  Of the seven individuals arrested, four were previously convicted of felonies, and three high-capacity magazines were recovered during separate investigations.  The number of ghost gun-related cases has risen sharply, with a two hundred twenty per cent increase in one year.  During the period of January 1, 2023, through October 14, 2023, the Honolulu police department initiated thirty-one ghost gun-related cases; and from January 1, 2024, through October 14, 2024, the department initiated sixty-eight ghost gun-related cases.  This trend is likely to increase unless the State makes improvements to the existing law and require imprisonment for "place to keep" convictions.

     To further enhance public safety and deter gun violence more effectively, it is imperative that the State add mandatory terms of imprisonment for these types of charges to discourage would‑be offenders from illegally possessing firearms, particularly in public spaces.  To close this loophole in the existing laws, it is crucial that the State also prohibit individuals from carrying or possessing unsecured firearm parts in public spaces, even when they are not in immediate possession of all the parts necessary to create a firearm.

     Accordingly, the purpose of this Act is to:

     (1)  Allow the carrying or possessing of firearm parts only at or between specific locations and in an enclosed container; and

     (2)  Establish and increase penalties for the carrying or possessing of certain firearms or firearm parts other than at or between specific locations and in an enclosed container.

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

     "§134-    Place to keep firearm parts; penalty.  (a)  Except as provided in sections 134-5 and 134-9, all firearm parts shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry firearm parts in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

     (1)  A place of repair;

     (2)  A target range;

     (3)  A licensed dealer's place of business;

     (4)  An organized, scheduled firearms show or exhibit;

     (5)  A place of formal hunter or firearm use training or instruction; or

     (6)  A police station.

     (b)  Any person violating this section by carrying or possessing three or more firearm parts shall be guilty of a misdemeanor; provided that any felon or prohibited person violating this section shall be guilty of a class B felony; provided further that any felon or prohibited person convicted under this section shall be sentenced to a term of probation of four years, with conditions to include a term of imprisonment of not less than one year without possibility of suspension of sentence."

     SECTION 3.  Section 134-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

     ""Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm or firearm parts.

     "Firearm parts" means any item that is specifically designed for or adapted for use in creating a firearm, including the barrel, bolt, slide, frame, receiver, trigger, hammer, firing pin, cylinder, magazine, or any other part necessary for a firearm to operate.

     "Prohibited person" means any person who cannot lawfully possess a firearm as defined by section 134‑7(a) and (b)."

     SECTION 4.  Section 134-8, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  Any person who possesses, installs, removes, or alters a firearm part with the intent to convert the firearm to an automatic firearm, regardless of whether the conversion is readily reversible, shall be deemed to have manufactured an automatic firearm in violation of subsection (a)."

     SECTION 5.  Section 134-23, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§134-23[]]  Place to keep loaded firearms other than pistols and revolvers; penalty.  (a)  Except as provided in section 134-5, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

     (1)  A place of repair;

     (2)  A target range;

     (3)  A licensed dealer's place of business;

     (4)  An organized, scheduled firearms show or exhibit;

     (5)  A place of formal hunter or firearm use training or instruction; or

     (6)  A police station.

     ["Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.]

     (b)  Any person violating this section by carrying or possessing a loaded firearm other than a pistol or revolver shall be guilty of a class B felony[.]; provided that a person convicted under this section shall be sentenced to a term of probation of four years, with conditions to include a term of imprisonment of not less than one year without possibility of suspension of sentence."

     SECTION 6.  Section 134-24, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§134-24[]]  Place to keep unloaded firearms other than pistols and revolvers; penalty.  (a)  Except as provided in section 134-5, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

     (1)  A place of repair;

     (2)  A target range;

     (3)  A licensed dealer's place of business;

     (4)  An organized, scheduled firearms show or exhibit;

     (5)  A place of formal hunter or firearm use training or instruction; or

     (6)  A police station.

     ["Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.]

     (b)  Any person violating this section by carrying or possessing an unloaded firearm other than a pistol or revolver shall be guilty of a class C felony[.]; provided that a person convicted under this section shall be sentenced to a term of probation of four years, with conditions to include a term of imprisonment of not less than six months without possibility of suspension of sentence."

     SECTION 7.  Section 134-25, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§134-25[]]  Place to keep pistol or revolver; penalty.  (a)  Except as provided in sections 134-5 and 134-9, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:

     (1)  A place of repair;

     (2)  A target range;

     (3)  A licensed dealer's place of business;

     (4)  An organized, scheduled firearms show or exhibit;

     (5)  A place of formal hunter or firearm use training or instruction; or

     (6)  A police station.

     ["Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.]

     (b)  Any person violating this section by carrying or possessing a loaded or unloaded pistol or revolver shall be guilty of a class B felony[.]; provided that a person convicted under this section shall be sentenced to a term of probation of four years, with conditions to include a term of imprisonment of not less than one year without possibility of suspension of sentence."

     SECTION 8.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 9.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 10.  This Act shall take effect upon its approval.

Report Title:

Firearms; Firearm Parts; Criminal Offenses; Penalties

Description:

Allows the carrying or possessing of firearm parts only at or between certain locations and in an enclosed container.  Defines firearm parts and prohibited persons.  Establishes and increases penalties for the carrying or possessing of certain firearms or firearm parts other than at or between specific locations and in an enclosed container.

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. 553

Honolulu, Hawaii

RE:    S.B. No. 363

       S.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 S.B. No. 363 entitled:

"A BILL FOR AN ACT RELATING TO FIREARMS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Allow the carrying or possessing of firearm parts only at or between certain locations and in an enclosed container;

     (2)  Define firearm parts and prohibited persons; and

     (3)  Establish and increase penalties for the carrying or possessing of certain firearms or firearm parts other than at or between specific locations and in an enclosed container.

     Your Committee received testimony in support of this measure from the Department of Law Enforcement, Honolulu Police Department, and numerous individuals.

     Your Committee received testimony in opposition to this measure from the Office of the Public Defender, Libertarian Party of Hawaii, Puʻuloa Rifle and Pistol Club, Hawaii Rifle Association, SDM Training Group, Bows N Bullets, Young Guns, and numerous individuals.

     Your Committee finds it is critical that the State hold individuals accountable for illegally possessing firearms in public.  Your Committee notes the testimony provided by the Honolulu Police Department at the public hearing held on this measure stating that the number of ghost gun-related cases has risen sharply in one year with a two hundred twenty percent increase.  From January 1 through October 14, 2023, the Honolulu Police Department initiated thirty-one ghost gun-related cases and from January 1 through October 14, 2024, the Honolulu Police Department initiated sixty-eight ghost gun-related cases.  This measure will address this issue by restricting and penalizing the possession of certain firearms or firearm parts and clarifying the conditions under which certain firearms or firearms parts must be transported. 

     Your Committee has amended this measure by:

     (1)  Removing legislative findings;

     (2)  Removing language that would have established that a person carrying or possessing three or more firearm parts would be guilty of a misdemeanor;

     (3)  Clarifying the definition of "firearm parts"; and

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

     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 S.B. No. 363, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 363, S.D. 1, and be referred to your Committee on Judiciary.

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