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SB2720
THE SENATE
S.B. NO.
2720
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.
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The
legislature finds that firearm-related injuries impose substantial direct and
indirect costs on the State, including costs for emergency medical response,
hospital and trauma care, long-term rehabilitation, mental health treatment,
lost productivity, and survivor support.
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Due to the State's geographic isolation, limited trauma-care capacity,
and reliance on public health systems, these costs are disproportionately borne
by taxpayers, public hospitals, and families.
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The legislature further finds that existing
compensation programs, including the crime victim compensation commission, are
limited in scope and operate primarily as payers of last resort, resulting in
delayed or incomplete coverage for many firearm-related injuries.
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The purpose of this Act is to establish a
prospective, no‑fault, public health financing mechanism that allocates a
portion of the public costs of firearm injuries to firearm manufacturers as a
condition of participation in the State's market, without imposing civil
liability, criminal penalties, or fault for third-party misuse of firearms.
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This Act is intended to operate pursuant to
the State's police power to protect public health, safety, and welfare, and
shall be construed as economic regulation, not punishment.
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SECTION 2.
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Chapter 134, Hawaii Revised Statutes, is amended by adding a new part to
be appropriately designated and to read as follows:
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Part .
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HAWAII Firearm injury restitution fund
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134-A
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Definitions.
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As used in this part:
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"Department" means the department
of health.
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"Firearm injury" means any bodily
injury or death caused by the discharge of a firearm, including accidental,
self‑inflicted, criminal, or otherwise unintended injury.
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"Firearm manufacturer" means any
person or entity engaged in the commercial manufacture of a finished firearm
intended for sale or distribution.
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"Fund" means the Hawaii firearm
injury restitution fund established under section 134-B.
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"Market participation" means the
sale, distribution, or placement of firearms into the stream of commerce in the
State.
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"Risk category" means a firearm
product classification established pursuant to section 134-D based on objective
product characteristics associated with aggregate firearm injury costs.
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134-B
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Hawaii firearm injury restitution fund;
established.
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(a)
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There is established the Hawaii firearm
injury restitution fund to be administered by the department.
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(b)
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The fund shall operate as a first payer for eligible firearm
injury-related expenses, including medical care, mental health treatment,
rehabilitation, prescription medications, lost wages, funeral and burial expenses,
and other costs determined by rule.
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(c)
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Payment of benefits from the fund shall not be conditioned on fault,
criminal liability, or the outcome of any civil or criminal proceeding.
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134-C
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Firearm injury cost recovery license.
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(a)
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No
firearm manufacturer shall sell or distribute firearms in the State unless the
manufacturer holds a valid firearm injury cost recovery license issued by the
department.
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(b)
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Issuance and renewal of a license under this section shall be
conditioned on participation in the fund and payment of contributions required
under section 134-D.
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(c)
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A license issued under this section constitutes economic regulation of
market participation and shall not be construed as a penalty or sanction.
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134-D
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Category-based risk; manufacturer
contributions.
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(a)
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The department shall establish firearm risk
categories by rule, based on objective product characteristics and aggregated
public-health cost data.
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(b)
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Each risk category shall be assigned a contribution rate reflecting its
proportional share of statewide firearm injury costs.
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(c)
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All firearm manufacturers participation in the same risk category shall
be subject to the same contribution formula, applied uniformly.
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(d)
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Contributions shall be calculated prospectively and may be capped based
on a reasonable percentage of in-state sales revenue, as determined by rule.
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(e)
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The department shall conduct periodic actuarial reviews and adjust
contribution rates as necessary to ensure fiscal sufficiency, predictability,
and fairness.
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134-E
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Data collection and privacy.
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(a)
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State and county law enforcement agencies shall provide the department
with aggregated firearm injury data necessary for actuarial and public-health
analysis.
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(b)
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Public disclosure shall be limited to anonymized and aggregated data and
shall not identify individual firearm manufacturers in connection with specific
injury incidents.
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134-F
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Compensation programs; coordination.
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(a)
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Benefits paid from the fund shall be coordinated with other public and
private benefits to avoid duplication of payments.
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(b)
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Nothing in this part shall limit eligibility for compensation under
chapter 351 or any other applicable law.
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134-G
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Federal Law; compliance.
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(a)
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Nothing in this part shall be construed to:
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(1)
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Impose
civil liability on a firearm manufacturer;
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(2)
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Regulate
firearm possession or ownership; or
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(3)
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Assign
fault or penalize criminal misuse of a firearm by a third party.
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(b)
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This part shall be construed to be consistent with title 15 United
States Code sections 7901 through 7903.
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134-H
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Enforcement.
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(a)
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The department shall deny, suspend, or revoke a firearm injury recovery
license for noncompliance after notice and opportunity for hearing.
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(b)
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Remedies under this part shall be limited to licensing actions and
administrative penalties authorized by rule.
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�134-I
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Administrative procedures.
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(a)
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The department may adopt rules pursuant to
chapter 91 for the purposes of this part, including rules governing risk
category classification, contribution calculations, audits, verification
procedures, and administrative appeals.
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(b)
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A firearm manufacturer may contest risk
category placement, mathematical calculation of contributions, or compliance
determinations through administrative review.
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(c)
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Proceedings under this part shall be
administrative in nature and shall not constitute adjudications of civil or
criminal liability."
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SECTION 3.
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If any provision of this Act, or the application thereof to any person
or circumstance, is held invalid, the invalidity does not affect other
provisions or applications of the Act that can be given effect without the
invalid provision or application, and to this end the provisions of this Act
are severable.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Firearm
Injury; Cost Recovery; Restitution Fund
Description:
Establishes
a Hawai
ʻ
i Firearm Injury Restitution Fund
funded by licenses firearm manufacturers as a condition of market
participation.
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Provides no-fault,
first-payer coverage for medical and related costs arising from firearm
injuries.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.