A state Senate bill designed to keep firearms ammunition out of the hands of people under 21 years of age passed the House and is headed to conference to resolve Senate disagreements over House amendments.

Under Senate Bill 2845 (Senate Draft 2, House Draft 1), people would be prohibited from selling ammunition to anyone under 21 and those under 21 would be prohibited from owning, possessing or controlling ammunition except as specifically allowed by law. 

On Monday, the House voted 37-5 (with nine members excused) to pass the measure on third reading. Five of the body’s six Republicans voted against the measure. The other, Rep. Gene Ward, was one of four representatives to vote yes with reservations.

The House returned the bill with an amendment to change the effective date from upon approval to a placeholder date of Jan. 1, 3000 to allow for further discussion.

On Tuesday, the Senate registered its disagreement with the amendment, setting up further discussion when conference committees convene over the coming weeks.

The measure was supported by the Hawaii chapters of Moms Demand Action and Students Demand Action, both part of the Everytown for Gun Safety national grassroots network.

“Our state prohibits the purchase of a firearm for anyone under 21 – it’s only right that the same applies for ammunition,” said April Ching, a volunteer with the Hawaii chapter of Moms Demand Action, in a release issued on Wednesday. “As gun violence continues to be the leading cause of death for children and college-aged Americans, this bill now ensures we are keeping ammunition out of the hands of our youth. We are grateful for lawmakers’ steadfast support to combating the gun violence crisis and look forward to continuing working with our gun sense champions to make Hawaii a national leader for gun safety.”  

The state Office of the Public Defender opposed the measure citing the Supreme Court ruling in 2022 New York State Rifle and Pistol Association, Inc. v. Bruen upholding the right of individuals to carry weapons outside the home and the court’s position that the government  must demonstrate that statutes covering constitutionally protected conduct like carrying a weapon for self-defense purposes are consistent with historical traditions of firearm regulation.

In written testimony, the office argued that criminalizing possession or control of a firearm for anyone under 21 years of age “means that young people are categorically banned from carrying firearms for self-defense purposes.”

“This ban runs afoul with the Supreme Court’s decisions about the Second Amendment, making it ripe for challenge by the defense bar if prosecutors intend on using the statute and gun activists in the civil arena,” the prosecutor’s office stated.

Andrew Namiki Roberts, director of the Hawaii Firearms Coalition, further noted that federal law already prohibits the sale of handgun ammunition to those under 21 and restricts on sale of rifle and shotgun ammunition to those under age 18.

“The proposed bill, SB 2845, would overlay additional state-level restrictions that are out of step with these carefully considered federal deadlines,” Roberts testified. “By extending the prohibition to all types of ammunition for those under 21, the bill risks infringing on the rights of young adults who are legally entitled to engage in hunting, sport shooting and other lawful activities that require access to rifle and shotgun ammunition. It’s important to note that these activities not only form a part of our cultural heritage but also contribute to our economy and the conservation efforts funded by the responsible use of firearms.”

The Honolulu Department of the Prosecutor, however, emphasized that the bill provides exceptions for lawful hunting and target shooting, as well as for police officers, military personnel and others exempted from state firearms restrictions. The department also noted that Hawaii already observes a similar age requirement for owning a gun.

“Between 2016 and 2020, firearms were overwhelmingly the weapon of choice for homicide among known offenders aged 18 to 24 years old,” the department stated in written testimony. “Gun access also heightens the risk of suicide for young people. Under the Second Amendment, states can reasonably regulate access to firearms. SB 2845 does so.”