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HOUSE OF REPRESENTATIVES |
H.R. NO. |
93 |
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THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 1 |
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STATE OF HAWAII |
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HOUSE RESOLUTION
REQUESTING THE LEGISLATIVE REFERENCE BUREAU TO REPORT ON SYSTEMS OF FIREARMS INSURANCE AND OTHER FINANCIAL RESPONSIBILITY REQUIREMENTS PERTAINING TO FIREARMS.
WHEREAS,
the prevention of gun violence is an urgent matter of public health, safety,
and welfare; and
WHEREAS,
the country has seen numerous high profile shootings over many decades; and
WHEREAS,
Hawaii has long been a leader in protecting the public from the serious risks
of firearms and gun violence by implementing commonsense policies designed to
protect the State's residents and communities, while also protecting the
exercise of constitutional rights; and
WHEREAS,
although the United States Supreme Court has held that the Second Amendment
provides for an individual right to keep and bear arms for lawful purposes, the
Second Amendment is not "a regulatory straightjacket", New York
State Rifle & Pistol Ass'n, Inc. v. Bruen, 142 S.Ct. 2111, 2133 (2022),
and states retain authority to enact "a 'variety' of gun
regulations", id. at 2162 (Kavanaugh, J., concurring), to ensure
that those who carry firearms are "law-abiding, responsible
citizens", id. at 2131, 2156; and
WHEREAS,
there is a long history in the United States of policies and legal frameworks
designed to promote financial responsibility in connection with firearms, such
as requirements relating to the posting of surety bonds; and
WHEREAS,
in recent years, legislation has been introduced or considered in a number of
states, including Hawaii, that would establish systems of mandatory firearms
insurance or other financial responsibility requirements; and
WHEREAS,
in 2022 the City of San Jose required residents who own or possess a firearm to
obtain a homeowner's, renter's, or gun liability insurance policy covering
losses or damages resulting from any accidental use of a firearm; and
WHEREAS,
in 2022 the State of New Jersey became the first state to require all persons
licensed to carry a firearm to maintain and provide proof of liability insurance
on account of injury, death, or damage to property arising out of ownership,
maintenance, operation, or use of a firearm; and
WHEREAS,
systems of insurance and other financial responsibility requirements can, in
some contexts, play an important role by facilitating compensation for injured
persons and reducing risks by encouraging safer behavior; and
WHEREAS,
firearms insurance and other financial responsibility requirements pertaining
to firearms are an important and rapidly evolving area of policy that is
deserving of further study and consideration; now, therefore,
BE IT RESOLVED by the House of Representatives of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, that the Legislative Reference Bureau is requested to summarize the relevant mandatory insurance laws of the State of New Jersey and the City of San Jose, and any similar insurance laws that other U.S. jurisdictions may be enacting, as well as any current laws that impose other financial responsibilities on firearms; and
BE IT FURTHER RESOLVED that as a part of the report, the Insurance Commissioner is requested to provide an analysis of the feasibility and costs of firearms insurance and other financial responsibility requirements and to examine how these systems may be implemented in the State; and
BE IT FURTHER RESOLVED that the Legislative Reference Bureau is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2024; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Governor, Attorney General, Director of Commerce and Consumer Affairs, Insurance Commissioner, and Director of the Legislative Reference Bureau.
Firearms; Insurance; Financial Responsibility; LRB; Study; DCCA; Attorney General