HONOLULU — Governor Josh Green of Hawaii announced on Monday a set of proposed penalties aimed at enforcing the state’s fireworks regulations. This initiative comes nearly two weeks after a tragic fireworks explosion at a residence in Honolulu on New Year’s Eve resulted in four fatalities and around 20 injuries.
The new regulations could introduce $300 fines that law enforcement could levy against individuals who ignite fireworks, alongside potential Class A felony charges leading to lengthy prison sentences for those whose fireworks usage causes serious harm or death. The governor plans to incorporate these proposals into a legislative bill that will be submitted to lawmakers when the new session commences on Wednesday.
“We aim to dissuade individuals from engaging in this behavior. A fine of $300 is likely to send a strong message to many young individuals,” Green stated during a news briefing. “Additionally, the prospect of obtaining a felony record and facing jail time should make everyone think twice about their actions.”
Authorities at both state and county levels have faced persistent challenges in controlling illegal fireworks in Hawaii. It has become increasingly normal for residents to launch professional-grade aerial fireworks from their properties throughout the year. Since the beginning of 2023, law enforcement agencies have confiscated 227,000 pounds (103,000 kilograms) of fireworks, primarily from container ships arriving at ports and from air-shipped packages. A recent report from the state Department of Law Enforcement indicated that officers are intercepting illegal fireworks in U.S. Postal Service shipments almost on a daily basis.
New Year’s celebrations notably see a spike in illicit fireworks usage, often leading to injuries and fatalities. However, this year’s New Year’s celebrations witnessed an unprecedented increase in casualties.
Governor Green expressed that these proposed changes would help simplify and clarify Hawaii’s existing fireworks regulations, enabling quicker and more effective prosecutions.
Under the suggested framework, police officers would not need extensive evidence to issue a $300 ticket. A witness, whether a police officer or another person, would suffice to identify the individual who ignited the fireworks, explained Deputy Attorney General Tricia Nakamatsu. This approach is particularly advantageous since evidence in fireworks cases can dissipate quickly.
The individual receiving a citation would have the option to pay the fine or contest it in court, similar to how traffic violations are handled. This measure would not classify the infraction as a crime, thereby reducing the severity of minor fireworks usage offenses. Notably, courts would only require a preponderance of evidence to impose a fine, in contrast to the stricter standard of beyond a reasonable doubt necessary for criminal charges.
“This method means that citations can be processed much more efficiently and allows officers to return to patrol quicker, as they won’t have to compile lengthy reports or gather evidence,” Nakamatsu stated.
The figure of $300 was chosen as it mirrors current fines for using cell phones while driving, with the rationale that both activities pose significant risks to public safety.
On more serious offenses, the governor’s proposal seeks to impose stricter penalties on repeat offenders and individuals responsible for significant injuries or fatalities caused by fireworks. This extends to those importing illegal fireworks, as well as sellers and end users.
Presently, possessing over 25 pounds of fireworks is classified as a Class C felony, punishable by up to five years in prison in Hawaii. The enhanced proposed charges could escalate to Class A felony status, subject to penalties ranging from 20 years to life imprisonment under Hawaii law.
“If someone causes the loss of an innocent life, they must be held accountable, and substantial prison time will follow,” Green emphasized.
While acknowledging that fireworks are a source of enjoyment for many, the governor stressed the importance of ensuring their use occurs safely. He suggested increasing the frequency of public fireworks displays throughout the year, allowing residents to enjoy fireworks in a controlled environment.
Additionally, the Department of Law Enforcement has requested $5.2 million from lawmakers to increase staffing by eight personnel and expand a forensic laboratory dedicated to combating fireworks smuggling operations.
