(a) A licensee shall post the license to sell, offer to sell, distribute, or otherwise transfer electric guns or cartridges, or a certified copy thereof, in a location readily visible to customers at each designated place of business. For internet sales by a licensee, the license number shall be prominently displayed and an electronic copy of the license shall be readily accessible to the customer.
Attorney's Note
Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| misdemeanor | up to 1 year | $2,000 |
For details, see
Haw. Rev. Stat. § 706-663
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Terms Used In Hawaii Revised Statutes 134-84
- Cartridge: includes but is not limited to a Taser cartridge. See Hawaii Revised Statutes 134-81
- Chief of police: means the chief of police of the counties of Hawaii, Maui, Kauai, or the city and county of Honolulu. See Hawaii Revised Statutes 134-1
- Conviction: A judgement of guilt against a criminal defendant.
- county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
- Electric gun: includes but is not limited to devices commonly referred to as stun guns and Tasers. See Hawaii Revised Statutes 134-81
- Licensee: means a person licensed to sell, offer to sell, distribute, or otherwise transfer electric guns and cartridges pursuant to section 134-83. See Hawaii Revised Statutes 134-81
- Person: means an individual, firm, corporation, partnership, association, or any form of business or legal entity. See Hawaii Revised Statutes 134-81
- Transfer: includes but is not limited to the granting of temporary possession to another. See Hawaii Revised Statutes 134-81
A licensee shall keep copies of the certificates of completion of these training courses in the licensee’s business records.
(c) A licensee shall not allow any employee to participate in the sale or transfer of electric guns or cartridges unless the employee completes at least once every three years the training courses described in subsection (b). The licensee shall keep copies of the certificates of completion of the training courses for each employee in the licensee’s business records.
(d) If there is no manufacturer serial number on an electric gun or cartridge received into inventory by a licensee, then the licensee shall engrave on the electric gun or cartridge a legible unique serial number that begins with the licensee’s license number, followed by a hyphen and a unique identifying number.
(e) A licensee shall keep records for all electric guns and cartridges received into inventory within the State, including:
(1) Information identifying the seller, distributor, or transferor of the electric gun or cartridge; and
(2) The transaction record for the electric gun or cartridge, including the date of receipt, a description of the electric gun or cartridge, the manufacturer’s serial number or the unique identifying serial number engraved by the licensee, and, if available, the manufacturer and the model number.
(f) Before completing a sale, distribution, or other transfer of an electric gun, the licensee or an employee of the licensee shall conduct a criminal history background check of the recipient. At minimum, the criminal history background check shall be a name-based search of the adult criminal conviction records maintained by the Hawaii criminal justice data center. The licensee or employee of the licensee shall require the recipient to review a printed copy of the results of the background check. After the review, the recipient shall sign and date a declaration. The declaration shall be in the following form: “I, (name of recipient), declare under penalty of law that the attached document accurately reflects my adult criminal conviction history in Hawaii. I further declare that I do not have any convictions or charges pending against me that disqualify me from owning an electric gun. I further declare under penalty of law that I am not disqualified from owning an electric gun.” The licensee or employee of the licensee shall witness the recipient sign the declaration and sign the declaration as a witness. If the recipient is disqualified from owning an electric gun, or refuses or is unable to sign or make the declaration, the licensee shall immediately terminate the sale, distribution, or transfer.
(g) Before completing a sale, distribution, or other transfer of an electric gun, the licensee or an employee of the licensee shall provide an informational briefing to the recipient that includes but is not limited to the following:
(1) The safe use and handling of electric guns;
(2) Current information about the effects, dangers, risks, and limitations of electric guns;
(3) Education on the existing state laws on electric guns; and
(4) The proper disposal of electric guns.
(h) Upon completion of the informational briefing, the licensee shall provide a certification of informational briefing that is signed and dated by the recipient and the person who provided the informational briefing acknowledging that the briefing was completed and that the recipient understood the briefing. The certification shall include the names of the recipient and the person who provided the informational briefing and the date of the briefing. The form of the certification shall be as provided by the county office that issued the license to the licensee.
(i) A licensee shall keep a record of the information provided to recipients during the informational briefing.
(j) A licensee shall keep records of all sales, distributions, and other transactions of electric guns and cartridges sold in the State or to a recipient in the State, including:
(1) The recipient’s name, date of birth, address, and telephone number;
(2) A copy of the recipient’s government-issued identification card or document;
(3) The transaction record for the electric gun or cartridge, including the date of the transaction; a description of the electric gun or cartridge; if available, the name of the manufacturer and serial and model numbers; and, if necessary, the unique serial number engraved by the licensee;
(4) The criminal history background check and declaration signed by the recipient and the licensee or licensee’s employee as a witness; and
(5) A copy of the certification of informational briefing signed and dated by the recipient and the person who provided the briefing.
(k) A licensee shall keep a record of the licensee’s current inventory of electric guns and cartridges.
(l) During normal business hours, a licensee shall allow the chief of police of the appropriate county or designee to inspect the licensee’s books and records for all records required to be kept by the licensee for electric guns and cartridges. At the discretion of the chief of police of the appropriate county or designee, the inspection of the records may be conducted via facsimile transmittal of the records.
(m) A licensee shall keep records required by this section for a minimum of ten years. If a licensee, as a result of death or dissolution, cannot maintain the records, the records shall be turned over to the chief of police of the appropriate county or designee.
(n) When displaying or storing electric guns or cartridges at a designated place of business, a licensee shall display or store the electric guns and cartridges in a locked cabinet or area not accessible to the general public.
(o) During normal business hours, a licensee shall allow the chief of police of the appropriate county or designee to physically inspect all electric guns and cartridges in the possession and control of the licensee wherever they may be located within the State.
(p) Any person, including any licensee, violating this section shall be guilty of a misdemeanor.
(q) A license may be suspended or revoked for a violation of any of the requirements of this section.
