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Hawaii Considers Banning Toy Gun Sales to Minors


When squirt guns are outlawed, will only outlaws have squirt guns?

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;



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

"§709- 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.

The proposed legislation is reported to have come from Democrat Scott K. Saiki, who has been represented the state's 22nd district since 1996. Representative Saiki apparently believes that selling a toy gun to anyone under the age of 18 is a crime that would require a fine up to $2000, 90 days in jail or BOTH.

Requests for any data supporting the rationale for this proposed legislation have been made to Saiki's office. Are squirt guns and toy guns considered to be "gateway weapons" that lead to more gun use later in life?  This information might be helpful to other states considering such monitoring and legislating of toy sales.  Seriously.

It should also be noted that while this information about the proposed law was copied, verbatim, from the website of the Hawaiian House of Representatives, at the very bottom of the page is the following disclaimer;

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

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