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HB2170
HOUSE OF REPRESENTATIVES
H.B. NO.
2170
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
Relating
to Firearms
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
�
This Act shall
be known and may be cited as "Officer O's Crime Bill" in memory of
Officer Suzanne O.
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SECTION 2.
�
Chapter 706, Hawaii Revised Statutes, is amended by adding a new section
to be appropriately designated and to read as follows:
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"
�706-
��
��
Sentence
of imprisonment for firearm offenses.
�
(1)
�
Notwithstanding section 706-669 and any other
law to the contrary, any person convicted of any of the following class A
felonies:
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(a)
�
Section
134-7 relating to persons prohibited from owning, possessing, or controlling
firearms or ammunition; or
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(b)
�
Section
134-9.4 relating to unlawful conduct while carrying a firearm;
shall be
sentenced to a mandatory minimum period of imprisonment without possibility of
parole during that period, the length of which shall be twenty years.
"
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SECTION
3
.
�
Section 134-7, Hawaii Revised Statutes, is
amended as follows:
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1.
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By amending subsection (f) to read:
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"
(f)
�
No person who has been restrained pursuant to
an order of any court, including a gun violence protective order issued
pursuant to part IV, from contacting, threatening, or physically abusing any
person, shall possess, control, or transfer ownership of any firearm or
ammunition, so long as the protective order, restraining order, or any
extension is in effect.
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The protective
order or restraining order shall specifically include a statement that
possession, control, or transfer of ownership of a firearm or ammunition by the
person named in the order is prohibited.
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The person
named in the order
shall relinquish possession and
control of any firearm and ammunition owned by that person to the police
department of the appropriate county for safekeeping for the duration of the
order or extension thereof.
�
At the time
of service of a protective order or restraining order involving firearms and
ammunition issued by any court, a police officer may take custody of any and
all firearms and ammunition in plain sight, those discovered pursuant to a
consensual search, and those firearms surrendered by the person
restrained.
�
If the person restrained is
the registered owner of a firearm and knows the location of the firearm, but
refuses to surrender the firearm or disclose the location of the firearm, the
person restrained shall be guilty of a misdemeanor.
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In any case, when a police officer is unable
to locate the firearms and ammunition either registered under this chapter or
known to the person granted protection by the court, the police officer shall
apply to the court for a search warrant pursuant to chapter 803 for the limited
purpose of seizing the firearm and ammunition."
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2.
�
By amending subsection (j) to read:
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"(j)
�
Any person violating [
subsection
]
:
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(1)
�
Subsection
(f) shall be guilty of a class A felony;
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(2)
�
Subsection
(a) or (b) shall be guilty of a class C felony; provided that any felon
violating subsection (b) shall be guilty of a class [
B
]
A
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.
]
; and
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(3)
�
[
Any
person violating subsection
]
Subsection
(c), (d), (e), [
(f),
]
(g), or (h) shall be guilty of a misdemeanor."
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SECTION
4
.
�
Section 134-9.4, Hawaii Revised Statutes, is
amended to read as follows:
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"
[
[
]
�134-9.4[
]
]
�
Unlawful conduct while carrying a firearm; penalty.
�
(a)
�
A
person carrying a firearm shall not:
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(1)
�
Consume alcohol or intoxicating liquor;
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(2)
�
Consume a controlled substance;
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(3)
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Be under the influence of alcohol or
intoxicating liquor; [
or
]
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(4)
�
Be under the influence of a controlled
substance[
.
]
; or
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(5)
�
Knowingly
possess methamphetamine in any amount.
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(b)
�
As used in this section:
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"Alcohol"
and "intoxicating liquor" shall have the same meaning as in section
281-1.
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"Controlled
substance" means a drug, substance, or immediate precursor in schedules I
through III of part II of chapter 329.
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(c)
�
Any person who violates this section shall be
guilty of a misdemeanor; provided that any person who violates this section by [
consuming
]
:
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(1)
�
Being
under the influence of a controlled substance shall be guilty of a class A
felony;
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(2)
�
Knowingly
possessing methamphetamine in any amount shall be guilty of a class A felony;
and
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(3)
�
Consuming
or being under the influence of alcohol or an intoxicating liquor shall be
guilty of a petty misdemeanor."
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SECTION 5.
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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 6.
�
Statutory material to be repealed is bracketed and stricken.
�
New statutory material is underscored.
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SECTION 7.
�
This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Firearms;
Mandatory Minimum Term of Imprisonment; Class A Felony; Possession; Controlled
Substance; Methamphetamine; TRO; Temporary Restraining Order; Protective Order;
Court Order
Description:
Establishes
mandatory minimum terms of imprisonment for certain class A felonies involving
firearms.
�
Changes from a class B felony
to a class A felony the penalty for owning, possessing, or controlling any
firearm or ammunition while being prosecuted for or having been convicted of
committing a felony, a crime of violence, a criminal offense relating to
firearms, or an illegal sale or distribution of any drug.
�
Changes from a misdemeanor to a class A
felony the penalty for ownership, possession, control, or transfer of ownership
of any firearms or ammunition by a person who a court order has restrained from
contacting, threatening, or physically abusing any person.
�
Changes from a misdemeanor to a class A
felony the penalty for carrying a firearm while under the influence of a
controlled substance.
�
Establishes
possession of methamphetamine while carrying a firearm as a class A felony.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.