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Committee advances bill making firearms possession during restraining orders a felony, despite civil-liberties concerns
Summary
Law-enforcement and prosecutors urged the House committee to upgrade firearms-possession-with-restraining-order from a misdemeanor to a class C felony to better protect domestic-violence survivors; public defenders and several citizen witnesses warned of due-process risks and misuse of temporary orders.
The House Committee on Judiciary and Hawaiian Affairs voted to advance Senate Bill 2517 (SD1), which would create a class C felony for possession, control or transfer of a firearm or ammunition in violation of a judicial protective or restraining order.
Deputy Attorney General Michelle Pu and representatives of the Hawaii Law Enforcement Coalition urged the committee to adopt the change, arguing a stronger penalty will give police and prosecutors the tools needed to ensure compliance and prevent deadly outcomes in domestic-violence situations. "Domestic violence and firearms are a lethal mix," testified Dennis Dunn, a domestic-violence survivor-advocate who urged the committee to treat the offense seriously.
The Office of the Public Defender opposed the bill, noting temporary restraining orders (TTROs) can be issued without a hearing and are often denied at later stages; its testimony warned that elevating the penalty could criminalize defendants based on preliminary civil findings. Citizen witnesses said TTROs can be used as tactical tools and asked for safeguards to prevent wrongful felony labeling.
Honolulu Police Department representatives said the measure would improve compliance and enable stronger enforcement — including use of search warrants and seizure — in cases where firearms are known to be present but not surrendered. HPD's records-division acting major, Arnold Sagusio, said officers struggle to secure voluntary compliance and that a felony penalty would increase the chance of recovering guns in volatile situations.
Committee members debated the policy tradeoffs, including whether a felony would create a permanent firearms ban and whether the change would actually deter behavior in highly emotional domestic contexts. The committee instructed staff to refine language to address implementation concerns, and it moved the bill forward with technical amendments and a defective effective date to allow further review.
