Senator Karl Rhoads joins producer/host Coralie Chun Matayoshi to discuss hot topics in the Legislature this year including gun control, recreational marijuana, vaping, prisons, and abortion.
(Note: This podcast was taped before the Aliamanu New Years Eve explosion occurred. Although fireworks legislation has now come to the forefront, it is not included in this podcast on Hot Topics in the Legislature.)
GUN CONTROL
Q. The U.S. Supreme Court is deciding whether to uphold a 2022 Biden administration rule that subjects “build your own: ghost guns to the same requirements as fully assembled firearms (i.e. dealers must include serial numbers, conduct background checks, and keep records of transactions). First, what are ghost guns?
Ghost guns are homemade weapons that can be made with a 3D printer or assembled from kits, including “Buy-build-shoot” kits are pre-made, disassembled, complete firearms, that are unregistered and untraceable.
Q. Hawaii has had ghost gun laws since 2020 – what are they?
Prohibits a person who is not licensed to manufacture firearms from “possessing, purchasing, producing with a three-dimensional printer, or otherwise obtaining separately, or as part of a kit,” and has requirements for serial numbers and labeling. Requires any “sale or transfer of unfinished firearm receivers by an authorized dealer to a third party” will be done if “they were fully assembled firearms and subject to the same background checks and licensing requirements.”
Q. Will the legislature be considering any bills to strengthen these laws on ghost guns?
The Honolulu Police Department is advocating for state legislation that would make possession of three or more gun parts a misdemeanor, make possession of any one gun part by a convicted felon a Class B felony, regulate the sale and transfer of weapons that qualify as only 80% of a completed weapon between states, and regulate the possession of gun parts in public spaces.
Q. Is there other firearms legislation in the works?
There are laws limiting the size of magazines for pistols and handguns but there is a loophole for long guns which should be closed, and more stringent regulation of firearms storage especially for families that have children in the household can access them.
MARIJUANA
Q. Hawaii has legalized medical marijuana and decriminalized possession of up to 3 grams of marijuana, making it punishable by a civil fine instead of criminal penalties. Marijuana is still illegal on the federal level but every year, there is a push to make recreational use legal, as it is in 24 other states. What’s going to happen this year?
Hawaii has not legalized marijuana and I’m not convinced that it will pass this year. For adults, we allow smoking and drinking so it seems like it would be okay to allow them to smoke marijuana, although this does not imply that it’s a good thing to do.
VAPING
Q. Youth vaping is rampant and can lead to lifelong addiction to nicotine. Repeated efforts to ban flavored tobacco have failed. The U.S. Supreme Court is now deciding whether the FDA can prohibit the sale of candy flavored vaping products. Is there any vaping legislation in the works this year?
After years of efforts to curb the youth vaping epidemic, a Hawaii law was passed in 2023 to regulate the shipment and importation of tobacco products. Defining electronic smoking devices and e-liquids as “tobacco products” also made them subject to the tobacco wholesale tax of 70%, one of the highest in the country. This session, there will likely be bills to help prevent children from accessing flavored tobacco.
PRISONS
Q. OCCC is 100 years old housing 1,000 inmates. Although major renovations were done in the 1980’s, it’s still old, overcrowded and understaffed. The women’s prison was recently expanded, but what about OCCC?
OCCC is old and numerous attempts have been made over the years to modernize and expand it. Another issue is who to put in prison and do they need to be there. A significant amount of people in prison have not been convicted of any crime but they simply couldn’t make bail, which goes back to bail reform. Studies show that bail is not effective in making those arrested show up for court.
ABORTION
Q. After the U.S. Supreme Court overturning Roe v. Wade which took away women’s federal constitutional right to an abortion, some states sought amendments to their constitutions to protect that right. While abortion is included in the 1978 Constitutional Convention delegates’ notes regarding the right to privacy, it is not explicitly stated in our Hawaii Constitution. Will there be a push to make abortion a Constitutional right in Hawaii?
There is some interest in passing legislation to put this on the ballot. Hawaii has a history of supporting abortion and our State Constitution includes a right of privacy that protects abortion rights. However, the composition of the Hawaii Supreme Court and State Legislature could change in the future to deny abortion rights. Contraceptives are not included in Hawaii’s right to privacy so legislation may be offered to address this right, either combined with abortion or in separate bills.
To learn more about this subject, tune into this video podcast.
Disclaimer: this material is intended for informational purposes only and does not constitute legal advice. The law varies by jurisdiction and is constantly changing. For legal advice, you should consult a lawyer that can apply the appropriate law to the facts in your case.