Violations; who may sue; relief
HRS §134-103
in effect134-103. Violations; who may sue; relief
(a) An act or omission by a firearm industry member in violation of this part shall constitute an actionable cause of action.
(b) A person who has suffered harm in the
State because of a firearm industry member's violation of this part may bring
an action in a court of competent jurisdiction.
(c) In addition to any lawsuit filed against a
firearm owner pursuant to section 663-9.5, the attorney general or any county
attorney or public prosecutor may bring a civil action in a court of competent
jurisdiction in the name of the people of the State to enforce this part and
remedy harm caused by a violation of this part.
(d) If a court determines that a firearm
industry member engaged in conduct in violation of this part, the court may
award any or all of the following:
(1) Injunctive relief sufficient to prevent the
firearm industry member and any other defendant from further violating the law;
(2) Damages;
(3) Attorney's fees and costs; and
(4) Any other appropriate relief necessary to enforce
this part and remedy the harm caused by the conduct.
(e) In an action alleging that a firearm
industry member failed to establish, implement, and enforce reasonable controls
in violation of section 134-102(b), there shall be a rebuttable presumption
that the firearm industry member failed to implement reasonable controls if the
following conditions are satisfied:
(1) The firearm industry member's action or failure
to act created a reasonably foreseeable risk that the harm alleged by the
claimant would occur; and
(2) The firearm industry member could have
established, implemented, and enforced reasonable controls to prevent or
substantially mitigate the risk that the harm would occur.
(f) If a rebuttable presumption is established
pursuant to subsection (e), the firearm industry member shall have the burden
of showing through a preponderance of the evidence that the firearm industry
member established, implemented, and enforced reasonable controls.
(g) An intervening act by a third party,
including but not limited to criminal use of a firearm-related product, shall
not preclude a firearm industry member from liability under this part.
[L 2023,
c 28, pt of §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0103.htmFetched: 11/10/2026