Hawaii Considers Banning Toy Gun Sales to Minors

Hawaii is currently considering adding some fairly serious restrictions on the sale of toy guns. TOY GUNS… like cap guns, squirt guns, pop guns, etc. From HB number 432;

RELATING TO TOY GUNS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 709, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

Ҥ709- Sale of toy guns to minors prohibited. (1) It shall be unlawful to sell, attempt to sell, or offer for sale a toy gun to a minor under eighteen years of age; provided that it shall be an affirmative defense to any prosecution that the:

(a) Purchaser falsely represented the purchaser‘s age by producing a driver’s license bearing a photograph of the licensee, a state identification card, or similar card purporting to be a valid identification card indicating that the purchaser was eighteen years of age or older;

(b) Appearance of the purchaser was such that an ordinary prudent person would believe the purchaser to be eighteen years of age or older; and

(c) Sale was made in good faith relying upon the indicators of age in paragraphs (a) and (b).

(2) Any person who violates this section shall be subject to a fine of not more than $2,000, imprisonment of not more than ninety days, or both.”

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.