(a) It shall be a violation of this part for a firearm industry member to fail to comply with any requirement of this part.
criminal case

Ask a criminal law question, get an answer ASAP!
Click here to chat with a criminal defense lawyer and protect your rights.

Terms Used In Hawaii Revised Statutes 134-102

  • Firearm: means any weapon, for which the operating force is an explosive, including but not limited to pistols, revolvers, rifles, shotguns, automatic firearms, noxious gas projectors, mortars, bombs, and cannon. See Hawaii Revised Statutes 134-1
  • Firearm industry member: means a person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association engaged in the manufacture, distribution, importation, marketing, wholesale, or retail sale of firearm-related products. See Hawaii Revised Statutes 134-101
  • Firearm-related product: means a firearm, ammunition, a firearm precursor part, a firearm component, or a firearm accessory that meets any of the following conditions:

    (1) The item is sold, made, or distributed in the State;
    (2) The item is intended to be sold or distributed in the State; or
    (3) The item is or was possessed in the State and it was reasonably foreseeable that the item would be possessed in the State. See Hawaii Revised Statutes 134-101
  • Reasonable controls: means reasonable procedures, acts, or practices that are designed, implemented, and enforced to do the following:

    (1) Prevent the sale or distribution of a firearm-related product to a straw purchaser, a firearm trafficker, a person prohibited from possessing a firearm under federal or state law, or a person who the firearm industry member has reasonable cause to believe is at substantial risk of using a firearm-related product to harm themselves or another or of possessing or using a firearm-related product unlawfully;
    (2) Prevent the loss or theft of a firearm-related product from the firearm industry member; and
    (3) Ensure that the firearm industry member complies with all provisions of federal or state law and does not otherwise promote the unlawful manufacture, sale, possession, marketing, or use of a firearm-related product. See Hawaii Revised Statutes 134-101
(b) A firearm industry member shall:

(1) Establish, implement, and enforce reasonable controls;
(2) Take reasonable precautions to ensure that the firearm industry member does not sell, distribute, or provide to a downstream distributor a firearm-related product that is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety in the State; and
(3) Not engage in any conduct related to the sale or marketing of firearm-related products that is in violation of this chapter.
(c) For the purposes of this part, a firearm-related product shall not be considered abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety based on a firearm’s inherent capacity to cause injury or lethal harm.
(d) There shall be a presumption that a firearm-related product is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety if any of the following is true:

(1) The firearm-related product’s features render the product most suitable for assaultive purposes instead of lawful self-defense, hunting, or other legitimate sport and recreational activities;
(2) The firearm-related product is designed, sold, or marketed in a manner that foreseeably promotes the conversion of legal firearm-related products into illegal firearm-related products; or
(3) The firearm-related product is designed, sold, or marketed in a manner that is targeted at minors or other individuals who are legally prohibited from accessing firearms.
  Previous
Next  
 Part VI Contents