2023-03-17 Police Commission Regular Minutes

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Hawaii Police Commission Regular Session Minutes March 17, 2023 Page 7 Application for License to Carry Firearm Concealed/Unconcealed on their website there are two sentences in the second paragraph. The first sentence says, "The State- Certified or National Rifle Association Firearm Instructors are responsible for determining the course of fire to be performed by the applicant that will allow the Instructor to certify that the applicant is proficient in the handling and use of the firearm involved." He explained historically, from his understanding when the department first put this out as a guideline, only the first sentence existed. At some point, the second sentence was added which seems to go in a different direction. The second sentence says, "At the minimum, the proficiency course of fire conducted by Firearm Instructors should consist of the following, with a passing score of 75% or greater." The handgun qualification/proficiency course was provided because that's what they were doing at the time. They were asked for a suggestion, so they provided this, which was vetted by Corporation Counsel and was provided as a suggestion. He feels if it was a requirement, it would say "must" instead of "should." If you indicate it's a passing score of 75% or greater, to him, that liability is going to fall back on you, the individual state- certified NRA instructor. The law doesn't provide a minimum, this document is a recommendation. They also realize that they will not be potentially liable if a private citizen uses his firearm in some inappropriate way. The department has a different realm of responsibility. If you want to do something else and you as an instructor determines a different course of fire that allows you as an instructor to certify the person is proficient in handling the use of the firearm, it's up to you. This didn't just come from the Police Dept., guidance was provided by Corporation Counsel. This is a recommendation and what they suggest. Commissioner Sur stated going back to the original law, it was never "may" it was "should." The "should" in this should be "may." Chair Brown stated Corporation Counsel provided guidance to the department. If that was their intent, it would say "You shall." Commissioner Sur stated if you use the word "may" it's a lot looser. He further explained that he spoke to personnel and was told those are minimum standards and it needs to be followed. They're not saying what the chief is saying. He stated Maui's is straightforward, it's normal, but you're doing this "should and may thing." He suggested a change to the language, "should" be changed to "may" and he thinks it'll make it a lot looser. You throw the liability onto these guys. He also suggested that the chief provide written instructions to personnel because they're saying it needs to be followed. Chief Moszkowicz explained that as the chief, he signs applications. If you come to him with a packet that is not this but is signed off by a state-certified NRA instructor who says the person is certified and qualified, he will sign the application as long as everything else is correct. Commissioner Sur stated which means, as an instructor, you can follow Maui's guidelines. When the previous chief wouldn't give him an answer, he spoke to assistant chiefs in Maui and they heard HPD got the guidelines from Kauai, but no one will tell him who came up with it. Commanders he spoke to said that's what they shoot and