BIL 220 Draft 02 2020-2022 - Laserfiche WebLink

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