Hawaii County’s first shot at drafting an open or concealed carry gun law was deemed too restrictive Tuesday by a majority of County Council members after dozens of testifiers weighed in, the vast majority opposing the measure on constitutional grounds.
The council Committee on Parks and Recreation and Public Safety postponed until Oct. 18 Bill 220, a measure sponsored by Hilo Councilman Aaron Chung at the request of the Hawaii Police Department, setting standards for carrying an open or concealed weapon. The bill follows a June 23 U.S. Supreme Court ruling striking down as unconstitutional New York’s concealed carry law that required an individual to prove “proper cause” existed before a license would be issued.
Hawaii County has since removed the requirement that applicants must show an exceptional reason they need to carry a firearm. But, added Acting Chief Kenneth Bugado Jr., the department has not yet issued a permit or denial from the 30 or so applications it received after the Supreme Court decision.
Chung sees the county bill as a way to “tide the public over” until the state Legislature convenes in January.
“Ultimately the Legislature is going to take this up; no question in my mind,” Chung said. ” That’s where all the action is going to occur. … (The Legislature) will probably come up with something that will address the entire state.”
The Honolulu Police Department held a public hearing Tuesday on a proposal for similar restrictions to its rules on carrying firearms.
Bugado said his department responded to an opinion from the state attorney general that police chiefs may no longer restrict concealed or unconcealed weapons only to those who demonstrate a special need.
But most council members, as well as the public, said the list of 10 categories of “sensitive places” where a weapon could not be carried was far too long. The list includes hospitals, schools, daycare centers and parks, churches, voter service centers, airports and public transit vehicles, establishments that serve alcohol, government buildings and private property that is open to the public, unless posted.
“It’s pretty well every place in this county,” said Puna Councilman Matt Kanealii-Kleinfelder. “If the point is to let the people protect themselves … slimming down this list would be more in line with what I am willing to support.”
“I’m really all ears in terms of how people feel about whittling down this list,” Chung responded.
Deputy Corporation Counsel Sylvia Wan said she researched areas where concealed weapons were prohibited in other states in order to form the list.
“The idea was not to work around the Supreme Court case but rather to legislate within the opening that that case provided, Wan said. “We have historically been a state that has prohibited carrying a firearm in most places. … This particular ordinance is trying to dance that fine line.”
Kanealii-Kleinfelder noted that the Puna district has just eight to 10 police officers per shift, covering a region the size of Oahu.
“If there was a strong enough police department, I would say I know that someone is there to protect me,” he said.
Fellow Puna Councilwoman Ashley Kierkiewicz agreed. She noted the overwhelming testimony from residents opposing the bill, including Bunnie Harrington, a sexual assault survivor who has completed requirements for a concealed carry permit.
“Why do we protect so many important people and things with guns but not our children or ourselves?” Harrington said. “Criminals are who we are wanting to protect ourselves from. This bill hinders law-abiding citizens from protecting ourselves. Criminals don’t care about laws.”
Kierkiewicz was sympathetic.
“I want Bunnie to be able to protect herself. We’ve got eight officers in Puna. It’s like the wild West out there,” Kierkiewicz said. “If I were forced to vote on what we have today, I would be opposed.”
Hamakua Councilwoman Heather Kimball was the only clear supporter of the bill as it is currently written. She “fundamentally disagreed” that the community is safer when more people are packing heat.
“I think this is right on the money. … I think that this is important protection for our community,” Kimball said. “I do want everyone to carefully consider the difference between personal protection and vigilantism.”
