Bill to regulate air and replica guns nears final passage

Council also passes measures that aim to help farmers

A bill that would limit air and replica guns in certain public spaces was passed on first reading by the Maui County Council on Friday. 

Proposed by the Maui Police Department, the bill aims to update regulations on air guns and incorporate regulations on replica guns. 

Currently any person, a fugitive or a felon can carry air rifles though a park, which is not a crime, MPD Lt. Grant Nakamura told the council's Disaster, Resilience, International Affairs and Planning Committee last month. 

But if the bill passes a second and final reading, it would be a crime to carry or display an air gun in a public place unless it's unloaded and in an enclosed container. The bill would also make it unlawful for any person to discharge an air gun from or across any street, sidewalk, alley or public land, or any public place except on an enclosed range designed and properly constructed for the use of the air gun.

Violations of the new law would be punishable by a fine up to $500 or by imprisonment of up to one year, or by both. 

On Friday, Council Member Yuki Lei Sugimura raised the issue that police brought up in committee regarding increasing the penalties for the violation, which may be too low. But Council Member Tamara Paltin, chairwoman of the committee, said Friday that a proposal to increase the penalties to a felony status is being worked on as part of the Hawaii State Association of Counties legislative package.

Police said every case involving air or replica guns has been tied to possession and/or distribution of narcotics and most of the individuals involved are felons. 

On Friday, council members also passed two bills on second and final reading that aim to help farmers, including:

• A bill to increase the amount of time that agricultural water consumers are exempt from water shortage restrictions or mandates from 90 days to 180 days, though agricultural water consumers must be asked to reduce water consumption during the period. Following the 180 days, agricultural water consumers must be subject to the same provisions as other consumers. 

• A bill to establish a category of water rates for nondwelling agricultural customers so they may be charged agricultural water rates from the first gallon of use. Currently until water usage surpasses 15,000 gallons per month, agricultural water consumers are charged at the same water rates as residential water consumers. Some farms, ranches and other agricultural operations are on lots that contain no dwellings, so the council felt a need to establish a nondwelling agricultural consumers category. 

* Staff Writer Melissa Tanji can be reached at mtanji@mauinews.com