The Right to Keep and Bear Arms

2nd Amendment Rights Protected During Emergency in Hawaii

May 13, 2010

Hawaii Reporter - Gov. Linda Lingle today signed into law two important bills preserving 2nd Amendment rights passed by the recently adjourned 25th Hawaii State Legislature.

SB 358, SD1, HD2, which I introduced, is now known as (Act 96). This bill establishes provisions relating to prohibition against seizure of firearms or ammunition during emergency or disaster, suspension of permit or license.

Prohibits any person or government entity to seize or confiscate, under any civil defense, emergency, or disaster relief powers or functions conferred, or during any civil defense emergency period, or during any time of national emergency or crisis, any firearm or ammunition and permit or license of any individual who is lawfully permitted to carry or possess the firearm or ammunition and who carries, possesses, or uses the firearm or ammunition in a lawful manner and in accordance with the criminal laws of this State. — Amends provisions relating to civil defense powers, in general. Section Affected: 134- (1 SECTION), 128-6.

As a Trustee and Secretary of the Bellevue, Washington-based Second Amendment Foundation, I introduced the legislation in part as a result of Hurricane Katrina’s aftermath in New Orleans when law enforcement officials went door-to-door and seized legal firearms from legally registered owners.

The court subsequently overturned the state’s actions. Worried constituents called this year during the Hawaii Tsunami alert. Citizens were concerned that the police would not be able to protect everyone and their property during a major emergency.

I emphasize this law applies to legally owned and registered firearms. This is a good bill and Governor Linda Lingle should be thanked for her prompt attention to this important legislation which passed the Senate unanimously.

Hawaii now joins 30 other states with similar legislation ...