THE SENATE	S.B. NO.	1153
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to firearms.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§134-    Possession of a loaded firearm while intoxicated.  (a)  It shall be unlawful for a person to recklessly possess a loaded firearm while the person is intoxicated.

     (b)  For the purposes of this section, a person is in possession of a loaded firearm when the person has direct physical control over a loaded firearm or has both the power and the intention to exercise control over a loaded firearm; provided that:

     (1)  Possession may be shared; and

     (2)  The mere fact of proximity or access to a place where a loaded firearm may be found is insufficient, by itself, to establish possession.

     (c)  For the purposes of this section, a person is intoxicated if the person is under a disturbance of mental or physical capacities resulting from the introduction of substances into the person's body; provided that intoxication is not, by itself, a mental disease or defect.

     (d)  Any person violating this section shall be guilty of a petty misdemeanor punishable by up to thirty days imprisonment, a fine of not more than $1,000, or both."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Loaded Firearm; Intoxication; Penalty

 

Description:

Makes it a petty misdemeanor for a person to recklessly possess a loaded firearm while the person is intoxicated.

 

 

 

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