A bill aiming to restrict the presence of air and replica guns in specific public areas for the sake of community and law enforcement safety received unanimous endorsement from a Maui County Council committee on a Wednesday afternoon.
Proposed by the Maui Police Department, the bill seeks to update regulations on air guns while also incorporating regulations for replica guns. Council Member Tamara Paltin, chairperson of the Disaster, Resilience, International Affairs, and Planning Committee, emphasized the bill’s purpose is to address the issue of people carrying such firearms in public spaces.
MPD Lt. Grant Nakamura, from the Crime Reduction Unit, expressed concerns about the current situation where individuals, including fugitives and felons, can openly carry air rifles, including .50-caliber air rifles, through parks without facing legal consequences. However, if Bill 169 passes the full council, carrying such firearms in public places would become illegal starting November 1. Paltin highlighted the resemblance of some replica guns to real firearms, making them difficult to distinguish.
The statistics provided by Nakamura emphasized the importance of this legislation. Between January 2020 and March 2021, the Crime Reduction Unit recovered more than 25 air guns or replica guns, along with 99 illegal firearms, large quantities of narcotics, and substantial cash amounts. Notably, every case involving air or replica guns was linked to narcotics possession and distribution, with many of the individuals involved being felons.
The proposed bill defines an air gun as any instrument designed to expel a pellet or BB shot using compressed air or gas, a spring, or elastic action, excluding firearms. It would make discharging an air gun from or across public spaces unlawful, except on an enclosed range intended for air gun use. Carrying or displaying an air gun in public would also be prohibited unless it’s unloaded and enclosed in a container. Additionally, it would be unlawful to discharge an air gun in a manner that could endanger other people or property.
The bill does not prevent individuals with hunting licenses from hunting in accordance with state law. It reinforces existing regulations that prohibit minors under 18 years old from owning, purchasing, gifting, or operating air guns without adult supervision. It also clarifies that BBs or projectiles cannot be sold to minors.
Regarding replica guns, the bill stipulates that no one can carry or possess a replica gun in a motor vehicle area where it is accessible. A replica gun is defined as an object that resembles an actual firearm, lacks features to distinguish it from a real firearm, and is not an air gun or a firearm. Displaying a replica gun to frighten, threaten, harass, panic, or annoy another person would also be considered unlawful.
The bill proposes fines of up to $500 and/or imprisonment for up to one year for violations. Notably, exceptions exist for possession at home, use in regulated hunting, use on an enclosed range, and supervised target practice by those under 18 years old.
Council Members expressed their support for the bill, emphasizing its importance in enhancing community safety. Some members also suggested exploring additional regulations, such as background checks for air gun and replica gun purchases, to address concerns regarding the availability of such firearms to individuals over 18, including felons.
The proposed bill now proceeds to the full council for two readings. For the complete text of the measure, it can be found on the Maui County Council’s website by searching for “Bill 169.”