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The Honolulu Advertiser

Posted on: Thursday, July 3, 2003

Council bill bans brandishing of exact replica guns in public

By Treena Shapiro
Advertiser Staff Writer

People who own replica guns must keep them under wraps in public, under a bill passed by the City Council yesterday.

Police, who lobbied for the bill, say many expensive pellet guns and other replicas can look like real firearms and can cause panic.

"The officers are being sent to places like Market City Foodland because of reports there is a man there with a machine gun," police Capt. Marie McCauley testified before the council. She said it turned out to be a teenager with a replica gun.

The bill does not ban replica guns, but requires people to carry them in cases while in public. It also prohibits people from having them out in the presence of a law enforcement officer.

"What we're focusing on is exact replica guns," McCauley said. "We're not focusing on water guns you can get from Longs that are obviously toys." Paintball guns are also exempt, she said.

The aim of the bill is to protect officers and the public from situations where someone can get shot.

Councilman Donovan Dela Cruz said said he remembered being able to play with toy guns as a child, but noted, "These are different times. We have drug abuse and violent crimes and we need to give the police department rules to protect themselves."

Wai'anae resident James Manaku asked why the replica guns couldn't have orange markings to differentiate them from the real ones. "I think it would be a better solution than banning them completely," he said.

However, McCauley said that while the replicas coming in from the Mainland are orange, people paint them to make them look realistic.

If signed into law by Mayor Jeremy Harris, showing a replica gun in public will be a petty misdemeanor punished by a fine up to $500 or up to 30 days in prison. Drawing or brandishing a gun in front of a police officer will be punishable by a fine of up to $1,000 or one year in prison.