Sale, offer for sale, distribution, or transfer of electric guns or cartridges
HRS §134-84
in effect134-84. Sale, offer for sale, distribution, or transfer of electric guns or cartridges
(a) A licensee shall post the license to sell, offer to sell, distribute, or otherwise transfer electric guns or cartridges, or a certified copy thereof, in a location readily visible to customers at each designated place of business. For internet sales by a licensee, the license number shall be prominently displayed and an electronic copy of the license shall be readily accessible to the customer.
(b) An individual licensee shall complete at
least once every three years an electric gun safety or training course offered
or approved by the county that focuses on:
(1) The safe use and handling of electric guns;
(2) Current information about the effects, dangers, risks,
and limitations of electric guns; and
(3) Education on the existing state laws on electric guns.
A licensee shall keep copies of the certificates of
completion of these training courses in the licensee's business records.
(c) A licensee shall not allow any employee to
participate in the sale or transfer of electric guns or cartridges unless the
employee completes at least once every three years the training courses
described in subsection (b). The licensee shall keep copies of the
certificates of completion of the training courses for each employee in the
licensee's business records.
(d) If there is no manufacturer serial number
on an electric gun or cartridge received into inventory by a licensee, then the
licensee shall engrave on the electric gun or cartridge a legible unique serial
number that begins with the licensee's license number, followed by a hyphen and
a unique identifying number.
(e) A licensee shall keep records for all
electric guns and cartridges received into inventory within the State,
including:
(1) Information identifying the seller, distributor,
or transferor of the electric gun or cartridge; and
(2) The transaction record for the electric gun or
cartridge, including the date of receipt, a description of the electric gun or
cartridge, the manufacturer's serial number or the unique identifying serial
number engraved by the licensee, and, if available, the manufacturer and the
model number.
(f) Before completing a sale, distribution, or
other transfer of an electric gun, the licensee or an employee of the licensee
shall conduct a criminal history background check of the recipient. At
minimum, the criminal history background check shall be a name-based search of
the adult criminal conviction records maintained by the Hawaii criminal justice
data center. The licensee or employee of the licensee shall require the
recipient to review a printed copy of the results of the background check.
After the review, the recipient shall sign and date a declaration. The
declaration shall be in the following form: "I, (name of recipient),
declare under penalty of law that the attached document accurately reflects my
adult criminal conviction history in Hawaii. I further declare that I do not
have any convictions or charges pending against me that disqualify me from
owning an electric gun. I further declare under penalty of law that I am not
disqualified from owning an electric gun." The licensee or employee of
the licensee shall witness the recipient sign the declaration and sign the
declaration as a witness. If the recipient is disqualified from owning an
electric gun, or refuses or is unable to sign or make the declaration, the
licensee shall immediately terminate the sale, distribution, or transfer.
(g) Before completing a sale, distribution, or
other transfer of an electric gun, the licensee or an employee of the licensee
shall provide an informational briefing to the recipient that includes but is
not limited to the following:
(1) The safe use and handling of electric guns;
(2) Current information about the effects, dangers, risks,
and limitations of electric guns;
(3) Education on the existing state laws on electric guns;
and
(4) The proper disposal of electric guns.
(h) Upon completion of the informational
briefing, the licensee shall provide a certification of informational briefing
that is signed and dated by the recipient and the person who provided the
informational briefing acknowledging that the briefing was completed and that
the recipient understood the briefing. The certification shall include the
names of the recipient and the person who provided the informational briefing
and the date of the briefing. The form of the certification shall be as
provided by the county office that issued the license to the licensee.
(i) A licensee shall keep a record of the
information provided to recipients during the informational briefing.
(j) A licensee shall keep records of all
sales, distributions, and other transactions of electric guns and cartridges
sold in the State or to a recipient in the State, including:
(1) The recipient's name, date of birth, address, and
telephone number;
(2) A copy of the recipient's government-issued
identification card or document;
(3) The transaction record for the electric gun or
cartridge, including the date of the transaction; a description of the electric
gun or cartridge; if available, the name of the manufacturer and serial and
model numbers; and, if necessary, the unique serial number engraved by the
licensee;
(4) The criminal history background check and
declaration signed by the recipient and the licensee or licensee's employee as
a witness; and
(5) A copy of the certification of informational
briefing signed and dated by the recipient and the person who provided the
briefing.
(k) A licensee shall keep a record of the
licensee's current inventory of electric guns and cartridges.
(l) During normal business hours, a licensee
shall allow the chief of police of the appropriate county or designee to
inspect the licensee's books and records for all records required to be kept by
the licensee for electric guns and cartridges. At the discretion of the chief
of police of the appropriate county or designee, the inspection of the records
may be conducted via facsimile transmittal of the records.
(m) A licensee shall keep records required by
this section for a minimum of ten years. If a licensee, as a result of death
or dissolution, cannot maintain the records, the records shall be turned over
to the chief of police of the appropriate county or designee.
(n) When displaying or storing electric guns
or cartridges at a designated place of business, a licensee shall display or
store the electric guns and cartridges in a locked cabinet or area not
accessible to the general public.
(o) During normal business hours, a licensee
shall allow the chief of police of the appropriate county or designee to
physically inspect all electric guns and cartridges in the possession and
control of the licensee wherever they may be located within the State.
(p) Any person, including any licensee,
violating this section shall be guilty of a misdemeanor.
(q) A license may be suspended or revoked for
a violation of any of the requirements of this section.
[L 2021, c 183, pt of
§2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0084.htmFetched: 11/10/2026