Hawaiian Castle Doctrine Law Enacted
2nd Amendment Rights Protected During Emergency’s In Hawaii As Governor Signs Into Law.
Hawaii –-(AmmoLand.com)- Governor 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 introduced by State Senator Sam Slom (R-8th O’ahu – Hawaii Kai to Diamondhead) (Act 96) 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.
Slom, a Trustee and Secretary of the Bellevue, Washington-based Second Amendment Foundation said he 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. He said he also had worried constituents call this year during the Hawaii Tidal Wave alert. Citizens were concerned that the police would not be able to protect everyone and their property during a major emergency.
Slom added, ” 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.”
The other bill signed today (Act 97) is SB0532 SD1 HD1 CD1 RELATING TO LIMITING CIVIL LIABILITY. Also known as the “CASTLE DOCTRINE”, and originally introduced by Slom, the version that passed was sponsored by Senate Judiciary Chairman Brian Taniguchi (D-Manoa), By Request. Current Hawaii law requires a homeowner to “retreat” from his or her own home when invaded by a criminal engaging in a felony. The new law establishes provisions relating to owner to felon; limited liability. Provides that any owner of any other interest in real property shall not be liable to any perpetrator for any injury or death that occurs upon the real property during the course or after the commission of certain felony offenses. — Section Affected: 663- (1 SECTION) OWNER TO FELON.
Slom said of this bill, “It represents common sense and confirms in Hawaii the old adage, “A man’s (or woman’s) home is his (her) castle.” It should put potential criminals on notice that they no longer can break in, commit a felony, threaten the owner and escape with no risk of personal harm. Both laws are about taking back our individual, Constitutional rights”
The Second Amendment Foundation (www.saf.org) is the nations oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 650,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control. SAF has previously funded successful firearms-related suits against the cities of Los Angeles; New Haven, CT; and San Francisco on behalf of American gun owners, a lawsuit against the cities suing gun makers and an amicus brief and fund for the Emerson case holding the Second Amendment as an individual right.