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HomeMy WebLinkAboutREP PRPSC 039 2022/10/04 2020-2022 I i REPORT OFT E COMMITTEE ON PARKS AND RECREATION AND PUBLIC SAFETY DATE: October 18, 2022 Re: Comm. No. 1022/Bill No. 220 PLACE: Council Chambers Kailua-Kana, Hawaii TIME: 9:30 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 i Your Committee on Parks and Recreation and Public Safety,to which was referred Bill No. 220, reports as follows: Bill No. 220, transmitted via Communication No. 1022, from Council Member Aaron S. Y. Chung for District 2, dated September 26, 2022, amends 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. This measure establishes a new article that includes Sensitive Places where the licensed carrying of a firearm would not be allowed, that the licensed carry of a firearm while intoxicated is prohibited, that upon contact with law enforcement the licensee must notify the enforcement officer of the possession of a licensed firearm and present the license for inspection, and that a license may be revoked by the Chief of Police for one year for any violation of the terms of this 3 new article. 3 I On October 4, 2022, Council Member Aaron Chung explained that he brought this measure forward at former Police Chief Paul Ferreira's request and that this bill was vetted by Corporation Counsel. Mr. Chung says that he believes that his view is balanced one, during a tumultuous time in the world. i 3 Acting Chief Kenneth Bugado, Major Reed Mahuna, and Deputy Corporation Counsel Sylvia Wan were available in Hilo Chambers. Chief Bugado explained that the chief of police must reassess policies that would allow licensees to carry firearms and that it is necessary to pass an ordinance to indicate where sensitive places to carry firearms are recognized. a Deputy Corporation Counsel Sylvia Wan said that this bill was drafted in concert with the Bruen case, and not against it, and that this measure is to solidify"sensitive places". Within the State of Hawaii we historically prohibit carrying firearms in more places. This ordinance balances between what is customary in Hawaii to what is customary in the United States. Ms. Wan explained that sensitive places includes religious assemblies, voting centers, government a buildings, educational centers and others. Council Member Aaron Chung requested other council members opinions about"sensitive places"within the bill and that he wants clear directions from each council member so he can redraft the bill. PRPSC Report No.: 39 PRPSC-39 Page 2 October 18, 2022 Council Member Heather Kimball commented that she fundamentally disagrees that having a firearm on your person to defend yourself is necessary, and is fully in support of this measure as written. Council Member Holeka Inaba commented that he would like the sensitive places list narrowed down, and that he approves of Mr. Chung's amendment provided in Communication No. 1022.2. Council Member Maile David is "torn"regarding this measure and said she needed more time to review the Supreme Court's ruling on New York State Rifle &Pistol Association v. Bruen. On October 4, 2022, Several other council members commented and directed inquiry to the Police Department and Corporation Counsel. This measure was postponed to October 18, 2022 with eight ayes. Council Member Rebecca Villegas was absent. On October 18, 2022, Mr. Chung commented that he has several proposed amendments and stated that the Police Department was in favor of the very first draft. Mr. Chung said that Major Mahuna came up with another draft incorporating the thoughts of testifiers and council members during the last committee meeting. Mr. Chung moved to amend this bill with the contents of Communication No. 1022.74 and stated that Communication Nos. 1022.72 and 1022.74 are similar and suggested that this bill move forward and that we make changes over the next two weeks. Chair Inaba stated that he is in agreement. Council Members David, Kaneali`i-Kleinfelder, Kierkiewicz and Lee Loy stated that they will support the amendment set forth in Communication No. 1022.74. Council Members Kimball and Villegas stated that they would not support an amendment such as Communication No. 1022.74 where sensitive places such as educational facilities may grant grant permission to carry. The vote was taken on the motion to approve Communication No. 1022.74 and passed with eight ayes, with Council Member Kimball voting no. Ms. Kimball stated that she supports this bill moving forward and commented that regarding the removal of government building parking lots in Communication No. 1022.74, made a suggestion that instead of discluding parking lots, that a firearm could instead be allowed in a locked box, within a vehicle, in the parking of a government building. The vote was taken on the motion to forward Bill No. 220 as amended with the contents of communication no. 1022.74 to first reading with nine in favor. PRPSC Report No.: 39 i PRPSC-39 Page 3 October 18, 2022 Your Committee on Parks and Recreation and Public Safety is in accord with the purpose and intent of Bill No. 220, as amended to Draft 2, and recommends its passage on first reading. w b AYES NOES ABS EX Respectfully submitted, CHUNG x DAVM x COMMITTEE ON PARIES AND INABA x RECREATION AND PUBLIC KANEALI`I-KLEINFELDER x SAFETY KIERKIEWICZ x KIMBALL x LEE LOY x RICHARDS x HOLEKA GORO INABA, CHAIR VILLEGAS X PRPSC REPORT NO. 39 ADOPTED: NOV 0 2 2022