The first reading of a city bill detailing where firearms cannot be carried on Oahu drew opposition Tuesday from those who believe there should be no restrictions for law-abiding firearm owners who want to carry a gun in public.
Following a more than three-hour-long hearing, City Council Bill 57, introduced by Mayor Rick Blangiardi’s administration, passed first reading 6-2 with Council members Augie Tulba and Andria Tupola voting “no” and Council member Heidi Tsuneyoshi absent.
Blangiardi told the Council and those in attendance that he respects the Constitution, believes the 600 applicants are law-abiding and he isn’t trying to interfere with their ability to carry a gun in public.
“But this is about public safety. If you look historically, Hawaii has had the lowest gun deaths per 100,000 (residents) in its
history. For the last 150 years Hawaii has always been involved in supervising concealed-carry; in fact, Honolulu has never issued a concealed-carry (license) in the past,” said Blangiardi. “I understand the desire to protect yourself, but we also want to protect the public and that’s why we are really strong on the sensitive places. I can’t rationalize, with our society being what it is, why you would have to take a gun to the places that we’ve listed.”
Under Bill 57, which requires committee work and three successful readings to pass, “sensitive locations” would be defined on Oahu as schools, public transportation and voting centers where guns will be prohibited.
Firearms would also be banned at Hanauma Bay
Nature Preserve, the Hawaii Children’s Discovery Center, the Honolulu Aquarium and the Honolulu Zoo. Additionally, armed concealed-carry weapon license holders would have to stay 100 feet from the outer edge of groups of 25 or more people gathered in public spaces and participating in “First Amendment expressive
activities.”
The measure is intended to create gun-free areas of Oahu while the Honolulu Police Department processes nearly 600 applications for and concealed-carry weapon licenses made possible by the U.S. Supreme Court’s June ruling in New York State Rifle &Pistol Association Inc. v. Bruen.
The high court struck down a New York state law limiting who can have a permit to carry a pistol outside of their home. The Hawaii Legislature is expected to take up the issue of whether to adopt uniform state standards for where guns may be legally carried when they convene in January.
There were 372 pieces of written testimony submitted to the Council ahead of Tuesday’s hearing, according to Tupola, with 287
testifying in opposition and 85 in favor. Those who showed up to testify in person at Honolulu Hale and the 39 who logged in remotely first witnessed the swearing in of two new Council members, Val Okimoto and Tyler Dos
Santos Tam.
Dr. Elna M. Nagasako told the Council she was born and raised in Hawaii but was trained and practiced medicine in Missouri, where concealed-carry has long been permitted.
“If we do not designate sensitive areas where guns don’t belong, we’re putting the burden now on our moms and dads and our
kupuna and our keiki.
When they go out, to have to be evaluating people, whether they have a gun and whether they are threats as opposed to seeing people as auntie or cousin,” said Nagasako. “I believe in honoring the Second Amendment, but I also
believe that with rights come responsibilities, including community safety.”
Lee Shannon, a marine
biologist from Kaneohe and special operations officer in the Navy Reserve, told Council members that he has held concealed-carry
licenses in 36 states for
26 years.
“Putting it indelicately, I, my entire family and you and your families are safer when I am armed in public. However, these proposed rules could end my life, either physically or legally, if I try in good faith to follow them,” said Shannon, who brought 60 years of uniform crime reports from the Federal Bureau of Investigation to help illustrate his points. “Despite our gun laws … all violent crime has increased at least 300% over the last six decades. These laws, these proposals, don’t do what you purport them to do.”
Prior to the Supreme Court ruling, police chiefs in Hawaii had the discretion to reject an application for a permit to carry a gun by law-abiding citizens who met basic requirements set up by each county. The ruling also invalidated a 170-year-old law that required firearm permit applicants to prove a special need to carry a concealed gun on their person, according to the Honolulu City Council.
Kaleo Nakoa, a U.S. Coast Guard veteran of 20 years, testified that he sacrificed to protect the lives and liberties of the community. Trained by the U.S. Department of Defense, his wife is still on active duty, and Nakoa said it is his time “to protect my family.”
“For these sensitive areas … you guys put up these gun-free signs that’s like telling the criminals, ‘Come here, these guys … don’t have protection,’” said Nakoa. “You guys are telling us that us law-abiding citizens with the proper firearm training, with the concealed-carry permits … cannot carry here to protect our family. I think that’s an issue that we got to look at. This Bill 57 is not about taking away your Second Amendment rights. … Sensitive areas … I know there has to be some … but what you guys have down as sensitive areas, I think that needs to be really looked at.”
Alex Garcia, a retired
HPD officer, testified Tuesday that he appreciates Blangiardi’s and the Council’s efforts to comply with the Supreme Court ruling but that Bill 57 as written is “misguided and unintentionally misleading.”
“At a minimum, the proposed ordinance should be amended to require any business that prohibits service to vetted and compliant citizens to provide armed and uniformed security to ensure the safety of those who would be unable to provide for their own safety. Failure to provide this level or security will create a great financial liability to these establishments,” wrote Garcia.
Deborah Nehmad, a member of the Hawaii chapter of the Brady Campaign to Prevent Gun Violence, told the Council that the group’s
major concern is keeping the provision where private-property owners have to state that guns are OK on their property. It should not be up to the “proprietor or their employees” to say, “Sorry, sir, you can’t carry a gun here,” she said.
“I think it’s up to the Council to keep its culture in mind. We’ve had decades and decades of feeling free from guns. … Bend over on the side of being safe. You’ve got nothing to lose,” said Nehmad.
Honolulu attorney James Hochberg told the Council during remote testimony Tuesday that he plans to take the city to federal court if the members pass Bill 57, calling it “unconstitutional.”
Waters asked city Deputy Managing Director Krishna Jayaram about Hochberg’s claim, “Is the administration prepared to fight this in court?”
“The mayor’s position is that this bill keeps the community safe, and we will defend it,” said Jayaram.