§707-714.5 Criminally negligent storage of a firearm. (1) A person commits the offense of criminally negligent storage of a firearm if the person violates section 134-10.5 and a minor obtains the firearm. For purposes of this section, "minor" means any person under the age of eighteen years.
(2) This section shall not apply if the minor obtains the firearm as a result of an unlawful entry to any premises by any person.
(3) Criminally negligent storage of a firearm is a misdemeanor. [L 1992, c 288, §2; am L 2021, c 148, §3]
COMMENTARY ON §707-714.5
Act 288, Session Laws 1992, added this section to establish that a person can be found criminally negligent for storage of a firearm if a person keeps a firearm on the premises and the person knows or reasonably should know that a minor can gain access to the firearm without the permission of the parent or guardian and that the minor does obtain the firearm. Conference Committee Report No. 119.
Act 148, Session Laws 2021, amended this section to raise from sixteen to eighteen years the maximum age of minors for which safe storage of firearms is required. The legislature found that an estimated 4,600,000 children and adolescents in the United States lived in homes with at least one unsecured firearm and that the presence of unsecured firearms in the home increases the risk of unintentional and intentional shootings. Further, the United States Secret Service and the United States Department of Education reported that in 68 per cent of deadly school shootings, the attacker obtained the firearm from the attacker's home or that of a relative. In addition, over 75 per cent of firearms used in suicide attempts and unintentional firearm injuries among children and adolescents were stored in the residence of the victim, a relative, or a friend. Act 148 raised the age for which safe storage of firearms is required in a home to prevent minors from having access to firearms and possibly causing injury to themselves or others. Senate Standing Committee Report No. 1558.
Structure Hawaii Revised Statutes
707. Offenses Against the Person
707-700 Definitions of terms in this chapter.
707-701 Murder in the first degree. §707-701 Commentary:
707-701.5 Murder in the second degree.
707-702 Manslaughter. §707-702 Commentary:
707-702.5 Negligent homicide in the first degree.
707-703 Negligent homicide in the second degree.
707-704 Negligent homicide in the third degree.
707-705 Negligent injury in the first degree.
707-706 Negligent injury in the second degree.
707-710 Assault in the first degree.
707-711 Assault in the second degree.
707-712 Assault in the third degree. § §707-710 To 707-712 Commentary:
707-712.5 Assault against a law enforcement officer in the first degree.
707-712.6 Assault against a law enforcement officer in the second degree.
707-712.7 Assault against an emergency worker.
707-713 Reckless endangering in the first degree.
707-714 Reckless endangering in the second degree. § §707-713 And 707-714 Commentary:
707-715 Terroristic threatening, defined. §707-715 Commentary:
707-716 Terroristic threatening in the first degree.
707-717 Terroristic threatening in the second degree.
707-721 Unlawful imprisonment in the first degree.
707-722 Unlawful imprisonment in the second degree. § §707-720 to 707-722 Commentary:
707-726 Custodial interference in the first degree.
707-727 Custodial interference in the second degree.
707-730 to 707-738 OLD REPEALED. §707-730 Sexual assault in the first degree.
707-731 Sexual assault in the second degree.
707-732 Sexual assault in the third degree.
707-733 Sexual assault in the fourth degree.
707-733.6 Continuous sexual assault of a minor under the age of fourteen years.
707-750 Promoting child abuse in the first degree.
707-751 Promoting child abuse in the second degree.
707-752 Promoting child abuse in the third degree.
707-753 Affirmative defense to promoting child abuse.
707-756 Electronic enticement of a child in the first degree.
707-757 Electronic enticement of a child in the second degree.
707-759 Indecent electronic display to a child.
707-761 Extortionate extension of credit; prima facie evidence.
707-762 Financing extortionate extensions of credit.
707-763 Collection of extensions of credit by extortionate means.
707-765 Extortion in the first degree.
707-766 Extortion in the second degree.
707-767 Extortion in the third degree.
707-768 Firearms, explosives, and dangerous weapons.
707-769 Defenses to extortion.
707-781 Labor trafficking in the first degree.
707-782 Labor trafficking in the second degree.
707-783 Additional sentencing considerations; victims held in servitude.
707-784 Extended terms of imprisonment; labor trafficking offenses.