Editor's update: The Senate Intergovernmental Affairs Committee deferred two Senate bills late Thursday that would grant citizens the right to carry a concealed firearm and that would protect their firearms from government seizure in the time of a disaster (as happened in New Orleans after Hurricane Katrina). The decision prevented a vote on the bills and essentially killed the legislation this session. A third bill heard Feb. 14, which orders the state attorney general to implement a 2004 federal law that allows retired police officers to be permitted to carry a concealed weapon, did pass with amendments. On Friday, at a 9 a.m. Senate Judiciary Committee hearing, lawmakers will consider passing out an open carry bill, that would allow law abiding citizens to openly display and carry with them a firearm.
In the last 15 years, no law abiding citizen applying for a permit to carry a concealed firearm in Honolulu has been granted one -- not one domestic violence victim, not one person whose life was in danger, not one person working where they may be robbed at gunpoint. And the police chief has no plans to change that under Hawaii’s current law, which says the police department’s highest officer "may issue" a concealed carry permit should he choose to do so.
That’s according to Honolulu Police Department Captain Raymond Ancheta, who testified at the Senate Intergovernmental Affairs Committee hearing Tuesday, Feb. 14, 2006, in opposition to SB 2531, which changes Hawaii’s law to read "shall issue" and become the nation’s 39th state to allow concealed carry of a firearm.
The bill and two others that would further the Second Amendment rights of Hawaii citizens, including retired police officers and law abiding citizens in the aftermath of a disaster, were opposed by the Honolulu police, the Honolulu City Prosecutor and the state attorney general.
Spokespeople for these government agencies said they did not trust the people to aim correctly under a stressful situation where they might use a firearm to protect themselves, potentially endangering others nearby. Lori Nishimura of the City Prosecutors office, said she had a "feeling" and she "believed" that allowing citizens to protect themselves with firearms would not be good for the rest of Hawaii’s citizens, though she could not cite any studies or evidence under questioning to support her statements.
A bill that pushes for the implementation of a federal law passed in 2004, that allows retired police officers on the force for 10 years or longer the right to carry a concealed firearm, should they meet certain requirements, also was opposed by the police and state attorney general. Hawaii was supposed to comply with the federal law in 2004 and implement rules and regulations so officers can be permitted, and yet so far the state attorney general has not established the program, set any rules or regulations or set a deadline to do so.
Law enforcement officials, however, were the only testifiers at the hearing who opposed the three pro-second amendment bills. Dozens of other people in attendance – including the wife of a Honolulu police officer working in narcotics, were in favor of the bill, saying they wanted to carry a firearm for additional protection. Several of the people attending were NRA certified instructors or people with concealed carry permits in one of the 38 states that currently allow concealed carry or open carry of a firearm. Most of the testifiers were women who said they are concerned about the growing usage of crystal methamphetimine or "ice" in the state of Hawaii and the way the drug reportedly makes its users more likely to commit violent crimes and to steal in order to feed their drug habit.
A 51-year-old disabled woman living in Honolulu told lawmakers that she did not appreciate the Honolulu police chief’s advice - that she should "turn and run," rather than aim and shoot - if someone tries to attack her. "With the rise of violent crime here on Oahu, I want passage of this bill so I can protect myself from physical danger ... ."
Teresa Ward says she supports the bill because women are often the victims of violent crime, often initiated in parking lots at the mall or grocery store. "A concealed carry permit will allow me to legally carry a weapon for protection, enabling me to live my life with less fear of being victimized," Ward says.
Jeanne Bennett says she used to be opposed to the usage of firearms, that was until she became a victim several times over and now supports such a measure. "Over the course of 20 years, a rape, two break-ins into my car, a stolen car, and one attempted break-in into my home, changed me a little," she said in testimony.
John Sherman, a Kaneohe resident, says he has three kids who he wants to protect, especially in light of increased gang activity and ice usage in the state, which is why he supports concealed carry.
One grandmother who loves to hunt with a bow and arrow or muzzleloader, which only allows one shot at a time, says she wants to carry a handgun when she hunts to protect herself from packs of wild dogs and pigs. She says Hawaii’s law currently does not allow her to carry both.
The bill was introduced by Sen. Sam Slom, R-Hawaii Kai, who attended the hearing, along with the chair of the committee, Sen. David Ige, D-Aiea, and Sen. Clarence Nishihara, D-Waipahu.
In addition to the concealed carry bills, a right to open carry bill will be heard in the Senate Judiciary Committee this Friday at 9 a.m. This is the first time in four years at the state Legislature that bills that are for open or concealed carry are being heard in the Hawaii State Legislature. Primarily the bills introduced and passed in the state make Hawaii’s gun and ammunition laws more restrictive and because of that, Hawaii is one of the least free states in the nation in terms of the Second Amendment laws.
Reach Malia Zimmerman, editor and president of Hawaii Reporter, via email at mailto:Malia@hawaiireporter.com
