HONOLULU – Following a deadly fireworks explosion on New Year’s Eve in Aliamanu, the Attorney General of Hawai‘i, Anne Lopez, is pushing for new legislation that would impose harsher penalties for those who import, sell, buy, or use illegal fireworks.
The proposed legislation comes in response to the tragic incident that resulted in four fatalities and at least 20 injuries. While Lopez confirmed that the investigation into the explosion is still ongoing, she suggested that charges may not be forthcoming under current laws due to a lack of sufficient evidence. “The video is not sufficient to charge anybody who was present at the time of the explosions,” Lopez remarked at a recent news conference.
In light of these challenges, the Attorney General’s office is drafting new legislation designed to make it easier to prosecute fireworks offenders. This legislation, still under development, seeks to streamline the legal process, making it more efficient for prosecutors to secure convictions.
The proposed legislation would increase penalties for illegal fireworks use, simplify evidence requirements, and broaden the scope for prosecuting smaller offenses. Under current law, fireworks violations typically result in misdemeanor charges or a Class C felony, which carries penalties of up to five years in prison and a $10,000 fine. The new laws would introduce enhanced sentences, potentially raising charges to a Class B felony, which carries up to 10 years in prison and a $25,000 fine, or even a Class A felony, which could result in up to 20 years in prison and a $50,000 fine.
Deputy Attorney General Tricia Nakamatsu emphasized that the new legislation is designed to serve as a stronger deterrent. “We feel that this will be much more of a deterrent to people,” she said, highlighting that repeat offenders and those whose use of fireworks causes injuries or death would face more severe charges.
One key provision would target not just major offenders but also those who purchase even small amounts of illegal fireworks. The bill introduces an “infraction level offense,” allowing law enforcement to issue citations to those who buy or set off even a single illegal firework. “Going after the most serious offenders is not going to be what solves the problem,” Lopez explained. “Individuals who purchase fireworks, even in small amounts, the end users, create the illicit market.”
Additionally, the new laws would remove the need for weight-related measurements, which have been difficult to use as evidence when fireworks are already ignited. Prosecutors would no longer need expert witnesses or forensic evidence to prove that illegal fireworks were used. Governor Josh Green, who also attended the press conference, stated that the new legislation would allow social media videos to be used as evidence in such cases.
“We need all society to say this is not going to be part of our culture any longer,” Green added, emphasizing the need for collective action. He also encouraged people to share ideas for curbing illegal fireworks use, pointing to potential solutions like professional community fireworks shows, which could offer an alternative to illegal displays.
In support of these efforts, the Department of Law Enforcement recently held an amnesty event, allowing residents to drop off unused fireworks with no questions asked. The event saw a remarkable turnout, with 1,374 pounds of fireworks collected from 121 participants. Director Jordan Lowe indicated that another amnesty event may be held in the near future.
Governor Green also discussed plans to strengthen border security to prevent the illegal importation of fireworks into Hawai‘i. This would involve working with local harbors and the U.S. Postal Service, alongside the increased use of explosive-detecting dogs and new technology, though details were not disclosed.
While the fight against illegal fireworks will be challenging, officials remain committed to ensuring public safety. As Governor Green noted, “If people are killed when these fireworks go off, even accidentally, it has to stop. We’ll do anything that we can.”
