Gun control bills hang in the balance as lawmakers wrap up the legislative session

Some key bills hang in the balance today as lawmakers try to wrap up this year’s unprecedented three-part legislative session where much of the work was done inside a locked state Capitol that was closed to the public because of the threat posed by the COVID-19 pandemic.

Near the beginning of the session in January, there was much public concern with bills such as House Bill 2457 to ban the sale of flavored vaping products, and intense interest in new gun control measures such as House Bill 2709 following the slayings of two Honolulu police officers on Jan. 19.

But since then the public and the Legislature have become preoccupied with the coronavirus pandemic and the disastrous economic shutdown it triggered, and both the vaping and the gun control bill may be in jeopardy today as lawmakers engage in final floor votes.

The deaths of police officers Tiffany-­Victoria B. Enriquez and Kaulike Kalama prompted lawmakers to introduce an array of gun control measures this year, with mixed results.

The officers were gunned down in a Diamond Head neighborhood by handyman Jerry Hanel, who is believed to have also killed his landlord and started a fire that destroyed five homes before killing himself. The gun used in the slayings of the HPD officers may have belonged to the late owner of the home where Hanel rented a room, but police say they have no record of a legally registered rifle owned by anyone at that address.

That tragedy prompted lawmakers to introduce HB 2709, which would require that when a gun owner dies, a representative of the gun owner’s estate must contact police to ensure the firearms are sold or transferred to a legally qualified owner or disposed of properly.

Senate Judiciary Chairman Karl Rhoads has said he believes that if HB 2709 had been law, Hanel might not have had access to a firearm and that Enriquez and Kalama might not have been killed.

However, the House voted Wednesday to disagree with amendments the Senate made to the bill late last month. It is possible House leaders could reconsider today and accept the latest draft of the bill, but House Public Safety Committee Chairman Gregg Takayama acknowledged that Wednesday’s action is “not a good sign.”

House Speaker Scott Saiki was unavailable Thursday to comment on what the problem with the bill might be.

Another gun control measure that has an uncertain future is House Bill 2744, which would make it a felony to buy, manufacture or import firearm parts for the purpose of assembling guns with no serial numbers.

The House also voted to disagree with the Senate amendments to that bill, but House Judiciary Committee Chairman Chris Lee said lawmakers are working behind the scenes to try to “get things rolling” for the measure.

“That one in particular is actually really important,” said Lee (D, Kailua-Lanikai- Waimanalo). “Right now you obviously can legally build your own gun out of components in kits that you can buy online where you just, with a few simple hand tools, can essentially build yourself a working gun that doesn’t have a serial number, doesn’t legally need to be registered and can be used completely without accountability.”

There has been a surge in firearm purchases across the country during the pandemic, including many that are bought online, which suggests more untraceable weapons are also being imported into Hawaii, he said.

Again, the House would need to agree today to the amendments the Senate made to that bill for it to pass.

Meanwhile, a proposed ban on large-capacity rifle magazines that hold more than 10 bullets appears poised for final passage today, although staff for state Attorney General Clare Connors has suggested the ban may be unenforceable as written. The House signaled Wednesday that leadership plans to accept the latest draft of that bill.

However, a measure to restrict the sale of ammunition to people who can prove they own a registered firearm failed in the Senate earlier this year.

The House also announced Wednesday it would not agree to Senate amendments to HB 2457 to ban the advertising or sale of flavored tobacco products in Hawaii, including vaping products, which raises doubts about the future of that measure.

According to the bill, during the past decade “there has been a dramatic increase in the use of electronic smoking devices by Hawaii’s youth. Between 2011 to 2015, the proportion of youth experimenting with electronic smoking devices increased six-fold among middle school youth and four-fold among high school youth.”

“Today, 16% of middle school students and more than a quarter of high school students use electronic smoking devices,” according to the measure.

“Hawaii has experienced the heightened promotion of electronic cigarette products that offer flavors designed to appeal to the state’s youth, such as candy, fruit, chocolate, mint, Kona coffee, Maui mango, shaka strawberry, and Molokai hot bread. Additionally, many of the packages are designed to resemble popular candies, such as Jolly Ranchers and Sour Patch Kids,” the bill says.

The proposed advertising and sale ban would take effect Jan. 1.

Lawmakers began this year’s session Jan. 15 and were supposed to adjourn for the year on May 7, but the pandemic intervened. House and Senate leaders recessed the regular session March 17 and closed the state Capitol indefinitely two days later after state Sen. Clarence Nishihara tested positive for COVID-19.

Nishihara later said he believes the test was a false positive because two subsequent tests showed no sign of the virus.

Lawmakers then returned to the Capitol on May 11 to pass a collection of appropriations and other measures as part of an effort to demonstrate to Gov. David Ige that even as the state economy crashed, it would not be necessary to impose pay cuts or furloughs on public workers.

The Capitol remained closed to the public, with only lawmakers and staff allowed to attend the hearings and floor votes. Lawmakers finished that work and recessed May 21 but returned to the Capitol yet again June 22. The final installment of the three-part session is scheduled to end today.