The state Legislature did, in fact, have more than COVID-19 on its agenda last year, although public safety also figured as the predominant concern for a couple of other new laws, now in effect.
Hawaii, already one of the most restrictive states where firearms are concerned, now has two new laws aimed at extending the state’s reach to other forms of weaponry. As difficult as these statutes will be to enforce, they do send the right message and add a layer of deterrence against the public use of force without cause.
One is Act 149, making it illegal to manufacture, purchase, obtain or possess parts of a “ghost gun.” These are firearms that lack a serial number and can be assembled locally from parts bought online, meaning they escape the controls of existing licensing and training requirements.
This law rightly seeks to close a loophole in a statute passed in 2020, which did not cover possession of these gun parts. It is crucial that the state assert its regulation of this firearms category. Ghost guns can be easily acquired, or manufactured with a 3-D printer. Too easily: The absence of effective ghost-gun controls makes a mockery of the state’s needed gun restrictions.
Another law, Act 183, enables the legal purchase and use of “electric guns” including what are commonly called stun guns and Tasers, assuming the recipient of the weapon also undergoes a criminal history background check. But their use is limited to self-defense, defense of another person or protection of property of the gun bearer, or another person.
This law became necessary because of a 2016 U.S. Supreme Court decision that raised constitutional questions about Hawaii’s electric-gun ban.
In addition, the statute aims to bring these weapons under some regulation, by requiring a license “to sell, offer to sell, distribute or otherwise transfer electric guns or cartridges.” These licensed sellers also are barred from selling to a person under 21, and they must complete an approved electric gun safety training course.
These guns are meant to repel an opponent with less than lethal force. Stun guns in particular are cheap, found easily online for around $20-$25, and can be appealing to someone wanting protection but not the burden that conventional gun ownership demands.
It is wise to set reasonable boundaries on their sale and use — a stun gun was suspected in a Kakaako robbery last month in which four electric bikes were stolen and a security guard was attacked. The ease of internet sales makes control challenging, but having penalties on the books can deter their inappropriate use.
There are other worthwhile additions to Hawaii’s law books that came with the new year:
>> Act 51 assesses severe fines for killing or entangling a shark within state waters: $500, $2,000 and $10,000 for first, second and third offenses. These marine animals are important in keeping the ocean ecosystem in balance.
>> Act 189 prohibits elected officials and high-ranking public officials from serving as paid lobbyists for 12 months after leaving their position. Putting this ethics guardrail in place will help preserve the public’s trust that its officials are working in their interest, not positioning themselves for a future employer.
>> Act 178 requires sellers of property vulnerable to sea-level rise to disclose that fact in any real property transaction. It also mandates that the state Office of Planning identify areas that are vulnerable.
There can be no doubt that climate change has solidified its place among Hawaii’s public-policy priorities. This act, and the other laws passed in 2021, are only incremental steps, but they’re headed in the right direction.
