HB138 amends Hawaii’s firearm storage laws to clarify when a firearm is considered improperly stored in relation to minors. The bill removes language tying the prohibition to a firearm being kept “on any premises” and instead applies it to firearms stored or kept under a person’s control when the person knows or reasonably should know a minor is likely to gain access without permission. It preserves two safe-harbor exceptions: the firearm is secured in a locked box or other secure container, or it is carried on the person or within immediate reach.
The bill also revises the criminal offense of criminally negligent storage of a firearm. Under the measure, a person commits the offense if they violate the storage rule and a minor obtains the firearm. The bill keeps the general misdemeanor penalty, but adds enhanced penalties when the unsecured firearm leads to harm: a class C felony if the minor’s access results in injury to the minor or another person, and a class B felony if it results in death. The bill retains the exception for situations where the minor obtains the firearm through unlawful entry.
Impact
HB138 would amend sections 134-10.5 and 707-714.5 of the Hawaii Revised Statutes, tightening and clarifying the state’s safe-storage requirements for firearms and increasing criminal penalties in cases involving injury or death. It would broaden the practical reach of the storage rule by focusing on firearms under a person’s control rather than only those on premises, while keeping the definition of “minor” as a person under 18. Firearm owners, households with minors, and law enforcement would be directly affected by the clarified duty to secure firearms and the new felony exposure tied to resulting harm.
Sentiment
The available context suggests the bill was introduced as a public-safety measure aimed at preventing minors from accessing unsecured firearms and reducing accidental shootings or deaths. The report title and description frame the bill as a clarification of existing secure-storage requirements with stronger consequences for serious outcomes, indicating a generally safety-oriented and preventive purpose. No committee testimony or recorded votes are provided, so there is no documented opposition or support in the supplied materials beyond the bill’s introduction and referral.
Contention
The main policy issue raised by the text is the escalation of penalties from a misdemeanor to felony offenses when a minor obtains an unsecured firearm and someone is injured or killed. Supporters would likely view the enhanced penalties as a deterrent and a way to hold gun owners accountable for unsafe storage, while critics could argue that felony liability is too severe or that the bill could penalize owners even when the firearm is taken by a minor without intent to misuse it. Another possible point of contention is the bill’s broader wording around firearms under a person’s control, which may be seen as clarifying responsibility by some and expanding criminal exposure by others. No specific stakeholder positions are included in the record provided.