HOUSE OF REPRESENTATIVES	H.B. NO.	428
THIRTY-SECOND LEGISLATURE, 2023
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- Public carry of firearms in sensitive places and upon private business establishment or charitable establishment premises; prohibited. (a) Except as otherwise provided by federal or state law, no person shall intentionally, knowingly, or recklessly carry on their person a firearm, concealed or unconcealed:

(1) In any sensitive place; or

(2) Upon the premises of any business establishment or charitable establishment unless the business establishment or charitable establishment, or an agent thereof, has expressly consented thereto. Express consent may include signage.

(b) This section shall not apply to:

(1) Persons exempted under section 134-11; or

(2) Detectives, private detectives, investigators, and guards authorized by the chief of police to carry a firearm in the particular sensitive place, business establishment, or charitable establishment while on duty in that sensitive place, business establishment, or charitable establishment.

(c) Any person violating this section shall be guilty of a misdemeanor. A law enforcement officer may arrest an alleged violator of any provision of this section or issue a citation in lieu of arrest, as provided in section 803-6.

(d) In any prosecution, it shall be an affirmative defense that the person was exempt pursuant to subsection (b). The presence of a person at any sensitive place, business establishment, or charitable establishment in subsection (a) shall be prima facie evidence that the person knows it is a sensitive place, business establishment, or charitable establishment.

(e) This section shall be considered to be supplemental to any adopted county ordinance and shall not be construed to supersede or modify county ordinances or rules; provided that the county ordinance is not less restrictive than this section.

(f) For the purposes of this section:

"Business" means any sole proprietorship, partnership, joint venture, business trust, limited liability company, business corporation, professional corporation, or other business entity formed for profit-making purposes.

"Business establishment" includes any of the following establishments operated by a business:

(1) Any hotel, except individual hotel rooms and when actively traveling through a hotel to or from an individual hotel room;

(2) Any financial institution;

(3) Any industrial, commercial, or wholesale establishment;

(4) Any utility;

(5) Any retail establishment where goods or services are sold, leased, or otherwise provided to the public or another business; and

(6) Any restaurant or bar.

"Charitable establishment" means any organization classified under section 501(c) of the Internal Revenue Code of 1986, as amended.

"Downtown Honolulu" means that area of Oahu bounded by the H-1 Lunalilo freeway, Ward avenue, the ocean, and Nuuanu stream.

"Sensitive place" means courtrooms; establishments that allow consumption of alcohol on its premises; government buildings; high-density spaces, such as Waikiki and Downtown Honolulu; hospitals; schools; state and city parks; and voting service centers, as defined under section 11-1.

"Waikiki" has the same meaning as in section 712-1207."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________