Hawaii lawmakers pass ban on large-capacity rifle magazines

House lawmakers gave preliminary approval Thursday to a ban on rifle magazines that can hold more than 10 bullets and to restrictions on who is allowed to buy ammunition in Hawaii, steps that would tighten what are already some of the most strict firearm laws in the nation.

Honolulu Police Chief Susan Ballard and about 20 police officers listened from the House gallery as the lawmakers debated the package of firearm bills, while about 30 members of the Hawaii Rifle Association and the Hawaii Firearms Coalition also looked on from the gallery.

Ballard has been urging lawmakers to impose new restrictions on gun owners and ammunition sales in the wake of the fatal shootings of Honolulu police officers Tiffany Enriquez and Kaulike Kalama on Jan. 19, while the HRA and the coalition have opposed the bills.

House Bill 1902 would ban high-capacity rifle magazines that can hold more than 10 rounds, and supporters say the ban will save lives in the event of a mass shooting. Some people have been able to escape from gunmen on the mainland during the pause while the shooters are forced to reload, lawmakers said.

Hawaii has already banned large-capacity magazines for pistols, and House Judiciary Chairman Chris Lee said the combination of a rifle with a high-capacity magazine “gives a shooter an unprecedented capacity to kill people, to kill people quickly and en masse.”

“Ultimately, it’s only a matter of time until we have another mass shooting in Hawaii,” said Lee. “We had one before and it is inevitable. But when that time comes … how many people will die as a result? We have a role to determine that, right here, right now.”

But state Rep. Bob McDermott opposed the bill, saying a gunman who is determined to kill people will violate the law. “Again, we go back to we’re passing laws on law-abiding citizens. We’re penalizing them for obeying the law,” he said.

Some people “are just nuts,” McDermott said. “That’s who we have to tackle, we have to pre-empt them from engaging in any mass shooting of any sort. So, instead of going after the magazine, I’d be joining you at the hip if we could improve mental health screening for these folks.”

“Let’s not keep fooling around with the weapons or the tools,” said McDermott (R, Ewa Beach-Iroquois Point). “I think we’re going about this the wrong way. I appreciate the intent of everyone, but I think the issue is personal behavior, mental health. The crazies are the ones who do all these mass shootings. They’re nuts. Am I the only one who watches TV? They’re bat-s—t crazy, they’re nuts, but we’re going after the tools.”

HB 1902 passed with 16 of 51 House members opposing it. Voting against the measure were Reps. Henry Aquino, Ty Cullen, Lynn DeCoite, Stacelynn Eli, Cedric Gates, Sharon Har, Dale Kobayashi, Sam Kong, Lauren Matsumoto, McDermott, Val Okimoto, Sean Quinlan, Calvin Say, James Tokioka, Gene Ward and Ryan Yamane. Rep. Rida Cabanilla Arakawa was absent.

The House on Thursday also approved House Bill 2709, which would impose new requirements when the owner of a firearm dies. That proposed new law would require that a representative be appointed to the estate of the late gun owner, and the representative would notify police of any firearms that are part of the estate.

The estate of the late gun owner would not be allowed to close until police are notified the guns have been properly transferred or disposed of, according to the bill. The idea is to prevent firearms from being lost, stolen or obtained by someone who is ineligible own a gun, such as someone who is mentally ill or a convicted felon.

That measure passed by a wider margin, with only DeCoite, Eli, Kong, McDermott and Say voting against it, and Cabanilla Arakawa absent.

Also advancing Thursday was House Bill 2736, which would require that gun stores demand customers provide proof that they have a legally registered firearm before they are allowed to purchase ammunition. Under the proposed new law, gun owners would also be able to designate others to purchase ammunition on the owners’ behalf.

Voting against that bill were Aquino, Cullen, DeCoite, Eli, Har, Kong, Matsumoto, McDermott, Okimoto, Say, Tokioka, Ward and Yamane, with Cabanilla Arakawa absent.

Each of the bills now advances to the Senate for further consideration.

The Washington, D.C.-based Violence Policy Center released a study Monday that shows Hawaii had the third-lowest gun death rate in the nation in 2018, with slightly more than 4 deaths per 100,000 population. The study found Mississippi, Alabama and Wyoming had the highest gun death rates, with more than 21 deaths per 100,000 population each.

The study included homicides, suicides and accidental gun deaths, and concluded that states with the weakest gun death prevention laws and the highest rates of gun ownership tend to have the highest gun death rates.

The study cited data that only 10.4% of Hawaii households have guns, which was the lowest gun ownership rate in the nation.