At a time when Americans have counted more mass shootings in 2023 than there have been days in the year, the issue of gun violence rarely fades from the public consciousness. Only this week another campus rampage at Michigan State University took more lives and caused more mayhem.
All of this serves as a backdrop for discussions on how Hawaii should keep a tighter rein on the firearms that are increasingly present, even in this pro-regulatory state which has a long history of strict gun control.
The U.S. Supreme Court decision last June in New York State Rifle &Pistol Association Inc. v. Bruen has ramped up those debates here and in other states because the court upheld a constitutional right to carry a firearm outside the home.
The court did allow for restricting guns from being carried in “sensitive locations,” leaving it to local jurisdictions to say what those are. Hawaii can and should define them broadly — even if that requires private businesses to give express permission before guns can be carried onto their premises.
This is the general stance taken in Senate Bill 1230 that, along with raising the bar on requirements for applicants seeking a license to carry a firearm, focuses on where that weapon should not be carried.
There are several bills that were introduced taking on facets of gun regulation, but SB 1230 and a similar measure, House Bill 984, are among the few that have advanced through initial committee hearings.
Both of these seek to lay a foundation for gun regulation to be followed statewide. Its important to have that floor in place, with counties having the option of enacting additional rules suitable to each jurisdiction.
Hawaii County already has put its Ordinance 220-130, enacted in December, on the books. Meanwhile, the Honolulu City Council’s Bill 57 is undergoing some heavy fire from gun-rights supporters who last week argued for the need for armed citizens to deter crime.
The problem is that having guns available freely in public spaces has not been shown to increase safety. According to the Centers for Disease Control and Prevention, Hawaii and other states with a history of stringent gun-control regulation tend to have lower rates of gun deaths. Hawaii’s rate is among the lowest: 5 per 100,000 in 2021.
Still, Hawaii must comply with the Supreme Court’s ruling allowing for permits to carry firearms, allowances that were rare before Bruen. But the high court has drawn no bright line around “sensitive areas,” and rightly so: Every venue imaginable has been vulnerable to gun violence.
Accordingly, all these measures have lengthy lists of protected no-gun zones.
SB 1230, for example, would include: schools at every level; parks and recreational areas, attractions such as a library, museum, zoo or aquarium; government buildings, with few exceptions; public assemblies and events; public transit conveyances and facilities; voting locations; performance and sports venues; financial institutions; and hospitals and other health-service facilities.
If passed, the law would assume that guns could not be brought to any private property without owner authorization. That could be given personally or by posting a guns-welcome type of sign prominently.
In addition to the general statute, public education about the rules, and how to report violations, will be crucial. It is fortunate that Hawaii already has a red-flag law enabling some restraint on gun access by those who could pose a public danger.
Any assertive policy restricting guns in the community could draw legal challenges, but it would be impossible to maintain Hawaii’s protective stance without it. Defending public safety is worth the fight.