§663-9.5 Liability of firearm owners. (a) If a firearm discharges and the discharge of the firearm proximately causes either personal injury or property damage to any person, the owner of the firearm shall be absolutely liable for the damage.
(b) It shall be an affirmative defense to the absolute liability that the firearm was not in the possession of the owner.
(c) It shall be an affirmative defense to the absolute liability that:
(1) The firearm was taken from the owner's possession without the owner's permission; and
(2) The owner either:
(A) Reported the theft to the police prior to the discharge; or
(B) Despite the exercise of reasonable care:
(i) Had not discovered the theft prior to the discharge; or
(ii) Was not reasonably able to report the theft to the police prior to the discharge.
(d) This section shall not apply when the discharge of the firearm was legally justified.
(e) The absolute liability under subsection (a) shall not apply to the State or counties for the use of a firearm owned by the State or county, as applicable, and used by a law enforcement officer employed by the State or county, outside of the course and scope of employment as a law enforcement officer; provided that this section shall not be construed to relieve the State and counties from any other tort liability that may be applicable to the State or counties.
(f) The absolute liability under subsection (a) shall not apply to National Rifle Association certified firearms instructors during the course of providing firearms training or safety courses or classes at a firing range to persons seeking to acquire a permit for the acquisition of a pistol or revolver in accordance with section 134-2(g)(4); provided that this section shall not be construed to relieve a National Rifle Association certified firearms instructor from any other tort liability that may be applicable. [L 1994, c 204, §1; am L 2008, c 129, §1; am L 2012, c 301, §1]
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
663-1 Torts, who may sue and for what.
663-1.2 Tort liability for breach of contract; punitive damages.
663-1.3 "Ad damnum" clause prohibited.
663-1.4 Payment of reasonable attorney's fees and costs in defense of suit.
663-1.5 Exception to liability.
663-1.8 Chiropractic society; peer review committee; no liability; exceptions.
663-1.53 Liability for operation of a family child care home.
663-1.55 Volunteer firefighters; limited liability.
663-2 Defense of lawful detention.
663-4 Actions which survive death of wrongdoer or other person liable.
663-5 Death of defendant, continuance of action.
663-7 Survival of cause of action.
663-8 Damages, future earnings.
663-8.3 Loss or impairment of earning capacity; damages.
663-8.5 Noneconomic damages; defined.
663-8.7 Limitation on pain and suffering.
663-9 Liability of animal owners.
663-9.1 Exception of animal owners to civil liability.
663-9.5 Liability of firearm owners.
663-10 Collateral sources; protection for liens and rights of subrogation.
663-10.6 Exemption for providing shelter and subsistence to the needy.
663-10.9 Abolition of joint and several liability; exceptions.
663-10.95 Motorsports facilities; waiver of liability.
663-10.98 Design professional liability; highways.
663-10.99 Trespass; limited liability of agricultural land owner.
663-11 Joint tortfeasors defined.
663-12 Right of contribution; accrual; pro rata share.
663-13 Judgment against one tortfeasor.
663-15.5 Release; joint tortfeasors; co-obligors; good faith settlement.
663-21 Advance payments not admission.