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HomeMy WebLinkAbout2020-02-04 Letter sent to Gregg Takayama, Cedric Gates, Chris Lee, Joy San Buenaventura. HB 2710, HB 2232, HB 2709, HB 1600, HB 1902 �JNtvJOF how Roy Takemoto Managing Director Harry Kim Mayor ; "--------- Barbara J.Kossow Deputy Managing Director County of Hawai`i Office of the Mayor 25 Aupuni Street,Suite 2603 • Hilo, Hawaii 96720 • (808)961-8211 • Fax(808)961-6553 KONA: 74-5044 Ane Keohokalole Hwy.,Bldg C • Kailua-Kona,Hawaii 96740 (808)323-4444 • Fax(808)323-4440 February 4, 2020 Representative Gregg Takayama, Chair Representative Cedric Asuega Gates, Vice Chair Committee on Public Safety, Veterans, & Military Affairs Representative Chris Lee, Chair Representative Joy A. San Buenaventura, Vice Chair Committee on Judiciary Hawaii State Legislature Dear Chairs Takayama and Lee, Vice-Chairs Gates and San Buenaventura, and Committee members: RE: HB 2710 Relating to Protective Orders HB 2232 Relating to Firearms HB 2709 Relating to the Uniform Probate Code HB 1600 Relating to Firearms HB 1902 Relating to Firearms The First Amendment to the Constitution of the United States provides for freedom of religion, speech, and press; and the right to peaceably assemble and to petition the government. Yet, as fundamental and sacrosanct as those values are to America, few if any would argue that those freedoms are not subject to reasonable restrictions (take the cliché of "yelling 'Fire' in a crowded theater"). Similarly, the Second Amendment guarantees the right to keep and bear arms. This right, too, must be subject to reasonable restrictions, or else we would each be able to have our own machine gun mounted on our mantelpiece or strapped over our shoulders. So the question comes down to what is reasonable. That should be determined by a free people acting through their elected representatives, in this case our State Legislature. And given the times in which we live, and the carnage that we have witnessed both in our own state and across the country, I thank you for taking on the divisive but crucial task of deciding what reasonable restrictions might be. You have five bills on this agenda that impact the right to keep and bear arms: County of Hawaii is an Equal Opportunity Provider and Employer. HB 2710 Relating to Protective Orders HB 2232 Relating to Firearms HB 2709 Relating to the Uniform Probate Code HB 1600 Relating to Firearms HB 1902 Relating to Firearms February 4, 2020 Page 2 HB 2710 allows for a search and seizure of a firearm if an officer believes certain actions are "imminent." I defer to criminal law experts as to whether that is the appropriate standard, but if it is, it seems that any weapon should be seized, not just a firearm. This bill could be less gun legislation and more generally protective of victim rights but in either case is a positive step forward. HB 2232 is an admirable effort to come closer to the goal that both sides of the gun issue agree on—keeping weapons out of the hands of people who shouldn't have them, Whether problems were manifest during childhood or adulthood should not matter. HB 2709 would close a loophole in ownership laws by requiring that all firearms in an estate are properly transferred or disposed of before the estate may close. HB 1600 also closes a loophole, with respect to the loaning of a firearm to a person who has not had a background check. This particular bill would seem to impact situations in which a loan would be reasonable, such as taking a visiting friend hunting, so I wonder whether exceptions could be made to allow the loaning of a firearm while the owner is present, or for a visitor to undergo a background check in their home jurisdiction; or in Hawaii, remotely, in advance of their visit. Don't know whether this last idea is practical. HB 1902 would prohibit large capacity magazines for all firearms. They are already restricted for pistols, and HB 1902 might be the most important bill before you today, given the data on mass shootings that is set forth in the preamble of this bill. Can any of the restrictions contained in the five bills be considered unreasonable? I have no doubt that some will say yes, but except for the accommodation asked for in my comments on HB 1600, I would argue that all of these bills would make Hawaii a safer place without unduly restricting the right to keep and bear arms. Again, thank you for taking on these issues. Re ectf Ily Submitted, arty Kim MAYOR County of Hawai'i is an Equal Opportunity Provider and Employer.