2023 Hawaii Revised Statutes
Title 37. Hawaii Penal Code
707. Offenses Against the Person
707-714.5 Criminally negligent storage of a firearm. (1) A person commits the offense of criminally negligent storage of a firearm if the person violates section 134-10.5 and a minor obtains the firearm. For purposes of this section, "minor" means any person under the age of eighteen years. (2) This section shall not apply if the minor obtains the firearm as a result of an unlawful entry to any premises by any person. (3) Criminally negligent storage of a firearm is a misdemeanor. [L 1992, c 288, §2; am L 2021, c 148, §3] COMMENTARY ON §707-714.5 Act 288, Session Laws 1992, added this section to establish that a person can be found criminally negligent for storage of a firearm if a person keeps a firearm on the premises and the person knows or reasonably should know that a minor can gain access to the firearm without the permission of the parent or guardian and that the minor does obtain the firearm. Conference Committee Report No. 119. Act 148, Session Laws 2021, amended this section to raise from sixteen to eighteen years the maximum age of minors for which safe storage of firearms is required. The legislature found that an estimated 4,600,000 children and adolescents in the United States lived in homes with at least one unsecured firearm and that the presence of unsecured firearms in the home increases the risk of unintentional and intentional shootings. Further, the United States Secret Service and the United States Department of Education reported that in 68 per cent of deadly school shootings, the attacker obtained the firearm from the attacker's home or that of a relative. In addition, over 75 per cent of firearms used in suicide attempts and unintentional firearm injuries among children and adolescents were stored in the residence of the victim, a relative, or a friend. Act 148 raised the age for which safe storage of firearms is required in a home to prevent minors from having access to firearms and possibly causing injury to themselves or others. Senate Standing Committee Report No. 1558.
§707-714.5 Criminally negligent storage of a firearm. (1) A person commits the offense of criminally negligent storage of a firearm if the person violates section 134-10.5 and a minor obtains the firearm. For purposes of this section, "minor" means any person under the age of eighteen years.
(2) This section shall not apply if the minor obtains the firearm as a result of an unlawful entry to any premises by any person.
(3) Criminally negligent storage of a firearm is a misdemeanor. [L 1992, c 288, §2; am L 2021, c 148, §3]
COMMENTARY ON §707-714.5
Act 288, Session Laws 1992, added this section to establish that a person can be found criminally negligent for storage of a firearm if a person keeps a firearm on the premises and the person knows or reasonably should know that a minor can gain access to the firearm without the permission of the parent or guardian and that the minor does obtain the firearm. Conference Committee Report No. 119.
Act 148, Session Laws 2021, amended this section to raise from sixteen to eighteen years the maximum age of minors for which safe storage of firearms is required. The legislature found that an estimated 4,600,000 children and adolescents in the United States lived in homes with at least one unsecured firearm and that the presence of unsecured firearms in the home increases the risk of unintentional and intentional shootings. Further, the United States Secret Service and the United States Department of Education reported that in 68 per cent of deadly school shootings, the attacker obtained the firearm from the attacker's home or that of a relative. In addition, over 75 per cent of firearms used in suicide attempts and unintentional firearm injuries among children and adolescents were stored in the residence of the victim, a relative, or a friend. Act 148 raised the age for which safe storage of firearms is required in a home to prevent minors from having access to firearms and possibly causing injury to themselves or others. Senate Standing Committee Report No. 1558.
