HOUSE OF REPRESENTATIVES	H.B. NO.	888
TWENTY-EIGHTH LEGISLATURE, 2015		H.D. 1
STATE OF HAWAII		S.D. 1

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 and discharge of a loaded firearm while intoxicated.  (a)  It shall be unlawful for a person to recklessly possess and discharge a loaded firearm in a public place while the person is intoxicated.

     (b)  A person that recklessly possesses and discharges a loaded firearm in a public place who appears to be intoxicated shall be subject to a breath or blood test by a law enforcement officer.

     (c)  For the purposes of this section, a person is in possession of a loaded firearm when the person has immediate physical control over a loaded firearm.

     (d)  For the purposes of this section, a person is intoxicated if the person is under the influence of alcohol or drugs in an amount sufficient to impair the person's normal mental faculties or ability to care for the person and guard against casualty as evidenced by a breath or blood test obtained by a law enforcement officer.

     (e)  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 on July 1, 2050.

 

 

Report Title:

Loaded Firearm; Intoxication; Penalty

 

Description:

Makes it a petty misdemeanor for a person to recklessly possess and discharge a loaded firearm in a public place while the person is intoxicated.  Authorizes law enforcement to administer a breath or blood test to a person that recklessly possesses and discharges a loaded firearm in a public place if the person appears to be intoxicated.  Takes effect on 7/1/2050.  (SD1)

 

 

 

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