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HB2075
HOUSE OF REPRESENTATIVES
H.B. NO.
2075
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO public safety
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1.
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The legislature finds that under
current law, a person may be prohibited by a lawful judicial protective order
or restraining order from possessing, controlling, or transferring ownership of
a firearm or ammunition.
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However, a
violation of this prohibition is subject to only a misdemeanor penalty.
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The
legislature finds that an active court order for protection or restraining
order is an indication of an increased lethality risk for the protected party
and others, and that unlawful possession, control, or transfer of a firearm or
ammunition under such circumstances is a serious violation of public safety.
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The
purpose of this Act is to establish a class C felony penalty for the unlawful
possession, control, or transfer of a firearm or ammunition in violation of a
judicial protective order or restraining order.
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SECTION
2
.
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Section 134-7, Hawaii Revised Statutes, is
amended by amending subsection (j) to read as follows:
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"
(j)
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Any person violating subsection (a) [
or
]
,
(b)
, or (f)
shall be guilty of a class C felony; provided that any felon
violating subsection (b) shall be guilty of a class B felony and if said prior
felony conviction is that of a crime of violence, as defined in section 134-1,
the defendant shall be sentenced to an indeterminate term of imprisonment as
provided by law.
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Any person violating
subsection (c), (d), (e), [
(f),
] (g), or (h) shall be guilty of a
misdemeanor."
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SECTION
3.
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This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
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SECTION 4.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 5.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
By Request
Report Title:
Hawaii
Law Enforcement Coalition Package; Protective Orders; Restraining Orders;
Firearms; Prohibition
Description:
Establishes
a class C felony penalty for the unlawful possession, control, or transfer of a
firearm or ammunition in violation of a valid judicial protective order or
restraining order.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.