Kaʻū News Briefs, Monday, Oct. 31, 2022

Costumes on the Beach
Punalu'u Pizza drew keiki for a Halloween costume contest and more on Sunday. 
See more from Halloween below.  Photo by Jade Cabreros

CLARIFYING THE GHOST GUN RULE IS A TARGET OF U.S. Senator Mazie K. Hirono, member of the Senate Judiciary Committee. Hirono and 13 of her Senate colleagues urge the Department of Justice and Bureau of Alcohol, Tobacco, Firearms & Explosives to issue enforcement guidance and clarify the recently finalized Ghost Gun Rule. The rule regulates unfinished frames and receivers that are the core components used to construct ghost guns,

Tiny Halloween reveler Lia and dad, Kaʻū
 Coffee farmer Delvin Navarro in front
 of R&G store Monday. Photo by Julia Neal

untraceable firearms which have become the preferred instruments for criminals and violent extremists and pose a severe threat to the public and law enforcement, said Hirono. She said ghost gun companies have attempted to avoid the rule's restrictions by claiming that they can still legally sell "nearly-complete" frames and receivers as standalone products, without tools and other materials to complete a ghost gun, without running afoul of the new rule.  

    "These companies have adopted the position that selling nearly-complete frames and receivers without the tools (commonly known as jigs) or instructions to complete them means that their products are not firearms under federal law," the senators wrote to Attorney General Merrick Garland and ATF Director Steven Dettelbach. "Of the 100 companies previously known to sell unserialized and nearly-complete frames and receivers, dozens remain engaged in that business."

Characters at Kaʻū High & Pāhala Elementary.
Photo by Julia Neal

    In 2020, Hawai'i enacted a law restricting the possession, manufacturing, and sale of ghost gun kits and parts. However, federal agencies have reported a significant increase in the number of ghost guns found throughout the state. Last month, a man on O'ahu was caught with two dozen ghost guns and illegal parts.
    The number of ghost guns recovered at potential crime scenes has grown exponentially, jumping from 1,758 in 2016 to 19,344 in 2021 alone. That these firearms are untraceable only makes it more difficult for law enforcement to develop leads and solve crimes. Between January 1, 2016, and March 4, 2021, ATF attempted to trace almost 23,946 recovered ghost guns, but could only complete 151 traces.

    In addition to these nearly-complete frames and receivers, the senators noted that many companies have also been selling standalone tools and equipment with directions to help purchasers complete the firearms. With these untraceable, dangerous weapons still accessible to those who wish to cause harm, the senators called for stronger enforcement of the rule.
    "The final rule, however, is clear and unambiguous: a nearly-complete frame or receiver is a firearm. The rule does not cover only frames and receivers sold as part of a kit, but also frames and receivers that

Waiting for the keiki at District Gym.
Photo by Julia Neal

can be readily completed. Indeed, enforcing the rule only against sellers of kits would be a colossal loophole," the senators continued.
   "The Ghost Gun Rule was promulgated to stop the proliferation of ghost guns, mitigate the threat these firearms pose to our communities, and help law enforcement—at every level—do their jobs... It is now incumbent upon the Department and ATF to see that it is enforced—and enforced strongly," the group concluded.
    In addition to Senator Hirono, the letter, led by Senator Richard Blumenthal (D-CT), was also signed by Senators Cory Booker (D-NJ), Bob Casey (D-PA), Dick Durbin (D-IL), Dianne Feinstein (D-CA), Edward J. Markey (D-MA), Bob Menendez (D-NJ), Chris Murphy (D-CT), Alex Padilla (D-CA), Jack Reed (D-RI), Chris Van Hollen (D-MD), Elizabeth Warren (D-MA) and Sheldon Whitehouse (D-RI).

The full text of the letter is available here.

To read comments, add your own, and like this story, see www.facebook.com/kaucalendar. See latest print edition at wwwkaucalendar.com. See upcoming events at https://kaunewsbriefs.blogspot.com/2022/04/upcoming-events-for-kau-and-volcano.html

Trunk or Treat with Parks & Recreation
at Robert N. Herkes Gym parking lot.
Photo by Julia Neal

COUNTY PROSECUTING ATTORNEY KELDEN WALTJEN is urging the governor to call a special session of the Hawai'i Legislature. He and other prosecutors around the state ask legislators and Gov. David Ige to convene a special session to address Hawai‘i Supreme Court decision in State v. Obrero. 

    Waltjen provided the following statement: “I urge our Hawai‘i State lawmakers and Governor Ige to take action now— convene a special session—and either repeal or amend Hawai‘i Revised Statutes § 801-1 to restore prosecutors’ ability to initiate felony prosecution by way of criminal complaint and preliminary hearing as ratified in the Hawai‘i Constitution and supported by the Hawai‘i Rules of Penal Procedure.
    "Failure to address this urgent issue now jeopardizes public safety. On Sept. 8, the Hawai‘i Supreme Court released its opinion in State v. Obrero, which determined that § 801-1 precludes prosecutors from initiating felony prosecutions via complaint and preliminary hearing. This decision contradicts established criminal law procedures which have been in place in Hawai‘i for the past 40 years and impacts the most serious offenses including murder, kidnapping, robbery, domestic violence, drug trafficking, and sexual assault. Since the Obrero decision, the four county prosecutors have worked together and proposed several different options that would address this urgent issue. It is now up to the State legislature and Governor’s office to take action.”

A dark Halloween with a smile at Trunk or Treat, sponsored by county Department of 
Parks & Recreation and Kaʻū High & Pāhala Elementary. Photo by Julia Neal

To read comments, add your own, and like this story, see www.facebook.com/kaucalendar. See latest print edition at wwwkaucalendar.com. See upcoming events at https://kaunewsbriefs.blogspot.com/2022/04/upcoming-events-for-kau-and-volcano.html

In the mail, on stands and at www.kaucalendar.com