BIL 220 Draft 02 2020-2022
BIL 220 Draft 02 2020-2022
11/25/2022 2:39:51 PM
10/21/2022 3:23:37 PM
Bill/Resolution - Type
Bill/Resolution - Council Term
Aaron S. Y. Chung, Council Member
PRPSC-39: Recommended passage on first reading- 10/18/22
Council: Bill 220, Draft 2, amended to Draft 3 - 11/2/22
AGE COUNCIL 2022-11-02 2020-2022
COM 1022.075 2020-2022
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3 <br /> COUNTY OF HAWAII STATE OF IIAWAI`I <br /> t};+ ,tom wo;•p� <br /> ,tE Qf•M�,� <br /> BILL ® 220 <br /> T 2) <br /> ORDINANCE NO. <br /> AN ORDINANCE AMENDING CHAPTER 14 OF THE HAWAII COUNTY CODE 1983 <br /> (2016 EDITION,AS AMENDED), BY ADDING A NEW ARTICLE RELATING TO <br /> LICENSES TO CARRY CONCEALED AND UNCONCEALED FIREARMS WITHIN <br /> THE COUNTY. <br /> E IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br /> SECTION 1. Purpose. The purpose of this ordinance is to define sensitive locations <br /> within the County of Hawaii where the carrying of firearms is prohibited, consistent with an <br /> individual's United States Constitutional Second Amendment right to bear arms and the United <br /> States Supreme Court's ruling in New York State Rifle &Pistol Association, Inc., et. al. v. Bruen, <br /> No. 20-843 142 S.Ct. 2111 (2022). <br /> It is the further purpose of this ordinance to protect sensitive areas that have traditionally <br /> been subject to restrictions on carrying or possessing firearms therein; to protect health, life, and <br /> property; and to preserve order and security within the County. The Council finds that the <br /> public's expectations have been shaped by legal restrictions on public carry that have been in <br /> place in Hawaii for 170 years, (see 1852 Haw. Sess. Laws Act of May 25, 1852, Section 1 at 19) <br /> and within the historical tradition of the United States. Setting restrictions consistent with these <br /> public expectations will ease public fear and confusion, avoid individual confrontations, and <br /> facilitate private decision-making by property owners. <br /> It is the further purpose of this ordinance to create a duty on the part of persons legally <br /> carrying firearms, upon contact with law enforcement, to inform officers that they are duly <br /> licensed and carrying a firearm; this is to protect the health and safety of the officer(s),the <br /> individual, and the public. <br /> It is the further purpose of this ordinance to bar the carrying of firearms by intoxicated <br /> persons. Intoxication can increase aggression, reduce mental clarity, and reduce hand-eye <br /> coordination, making an individual unsafe to handle a firearm or protect against the misuse of a <br /> firearm. For these reasons, the Council recognizes that an intoxicated person is rendered <br /> temporarily unsuitable to carry a firearm. <br />
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