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Chad Blair

Chad Blair is the politics editor for Civil Beat. You can reach him by email at cblair@civilbeat.org or follow him on Twitter at .

Andrew Namiki Roberts very much wanted to buy a stun gun and a Taser for self-defense at his residence, where he lives with his young daughter, and at his business.

A self-employed photographer, the United Kingdom citizen and resident of Hawaii often carried around expensive equipment and money.

He had never been convicted of a crime that would disqualify him from owning a gun under state or federal law. He had never been diagnosed with a mental disorder. And he didn鈥檛 abuse alcohol or use illegal drugs.

And yet, Roberts could not own an electric gun, although its use was allowed by county police departments, officers of state agencies for public safety and conservation enforcement, and the Army and Air National Guard in emergency situations.

So, Roberts hired a lawyer from San Diego and sued the Honolulu police chief, the Hawaii attorney general and the state sheriff.

鈥淭he Second Amendment guarantees individuals a fundamental right to keep and carry arms for self-defense and defense of others in the event of a violent confrontation,鈥 the lawsuit states.

Because of that 2018 lawsuit, a Massachusetts case and others, as of Jan. 1, 2022 it will be legal for private citizens in Hawaii 21 years of age and older to own a Taser and other electric guns. , signed into law July 1 by Gov. David Ige as Act 183, regulates the sale and use of electric guns and cartridges and repeals the ban on their possession, sale, gift, loan or delivery.

A screenshot from Taser’s website. The lawsuit from Andrew Namiki Roberts’ says, “More than 18,000 law enforcement agencies use the devices.” Beginning Jan. 1, private citizens in Hawaii can also own them. Screenshot

It was the Ige administration itself that asked for the enabling legislation. In in strong support of HB 891, the Hawaii Department of the Attorney General said it would 鈥減rotect the health and safety of the public鈥 by regulating the sale and use of the weapons.

The AG also explained that the constitutionality of Hawaii鈥檚 ban had been 鈥渄rawn into question鈥 by the U.S. Supreme Court’s 2016 decision in , which unanimously vacated the conviction of a woman who carried a stun gun for self-defense. The AG also specifically cited the Roberts case seeking to invalidate Hawaii鈥檚 electric gun ban, then pending in U.S. District Court for the District of Hawaii.

The legal availability of Tasers in the islands less than five months from now could change the way we try to protect ourselves. It could also be used for nefarious purposes.

So what are Tasers, and where can we get them?

Tasers Rarely Lethal

Hawaii has among the strictest gun laws in the nation and, not coincidentally, as research shows, .

But many people in Hawaii own guns. A 2019 that our state of 1.4 million has about 2 million privately owned guns.

And, while mass shootings are rare in the islands, we did experience a mass shooting in 1999, when 鈥渄isgruntled employee鈥 Byran Uyesugi opened fire with a semi-automatic pistol at the Xerox office on Nimitz Highway, 鈥 just a few months after the Columbine slaughter in Littleton, Colorado, that garnered far greater media attention.

Tasers are not lethal. In instances where people have died after being tased, it is usually due to heart or respiratory problems, or if the victim was on drugs.

But Tasers are a type of stun gun that can down an attacker for up to 30 seconds with an electrical current. As a detailed article in Outdoors Magazine explains, stun guns 鈥渨ill not kill someone or even cause long-term damage to their body, so they are a good way of preventing yourself from incurring harm in an attack.

Taser accessories, taken from a screenshot of Taser’s website in August. Screenshot

According from Outdoors Magazine, Hawaii is one of only five states 鈥 the others are New Jersey, New York, Massachusetts and Rhode Island 鈥 that do not currently allow stun guns other than for law enforcement.

The , formerly called TASER International, says that only two states ban Tasers specifically 鈥 Hawaii and Rhode Island.

Most states have no restrictions (including heavily populated California, Texas, Florida, New York and Pennsylvania) while about a dozen have various requirements 鈥 for example, Connecticut only allows Tasers for home use, while Minnesota and Maryland require background checks.

What鈥檚 the difference between a stun gun and a Taser, you ask?

Both are handheld devices that administer an electric shock, 鈥渟ending the voltage through the muscles, causing quick spasms that make them unable to control their movement in an efficient manner,鈥 as . Tasers shoot 鈥渁 small, spear like projectile that contains the electric current which then attaches itself to the attacker, shooting the electric current through their body.鈥

A stun gun can only be used if an attacker is close by, however, while a Taser can fire its projectiles from 15 feet away.

Taser is actually an acronym 鈥 TASER 鈥 drawn from the book titled “Tom Swift and His Electric Rifle.” The Guardian is 鈥渁 century-old racist science fiction novel鈥 that was admired by Jack Cover; in 1969, the former NASA researcher 鈥渟tarted to develop a non-lethal weapon that could be used by police to control unruly suspects, so that officers did not have to resort to firearms,鈥 .

The Taser, , was created by two brothers and an inventor 鈥渇ueled by the desire to make the world a safer place.鈥 There are several models that range from $129.99 for a StrikeLight stun flashlight to $1,799.99 for the TASER 7CQ, 鈥渢he new standard in self defense.鈥

‘Test The Law’

Ironically, Andrew Namiki Roberts testified against HB 891. As director of the Hawaii Firearms Coalition, he wrote in his March written testimony that, while his group did not oppose the legalization of 鈥渆lectric arms,鈥 it objected to regulatory requirements in the bill.

鈥淩egistration and training could be better managed via an online interface managed by the state, rather than relying on dealers and the county,鈥 Roberts explained.

A screenshot in August 2021 from Defense Divas. “Stun guns are a very popular self-defense tool for women who need to walk alone at night or through dangerous areas and want to carry something to make them feel safer,” says Outdoors Magazine. 

But Roberts expects to see how the law works out come Jan. 1.

鈥淢y first step is to obtain one legally and test the law,鈥 he told . 鈥淭he fact that people in Hawaii will have a nonlethal method of self-defense is very exciting for us.鈥

Meanwhile, Roberts’ lawsuit is on appeal to the 9th U.S. Circuit Court of Appeals on a procedural issue, according to his attorney, Alan Beck.

Beck said the case is on hold pending the outcome of a 2011 Hawaii case, Young v. Hawaii, in which George Young of Hawaii County argued that he should be allowed to carry a loaded firearm in public. He was repeatedly denied a county permit for both open carry and concealed weapons, and the lawsuit argued that his 2nd Amendment rights were violated.

In the latest development in that case, in March the 9th Circuit panel upheld Hawaii鈥檚 laws regulating the open carry of firearms in public 鈥 a loss for Young. But his case, also led by Beck, is now on petition to the U.S. Supreme Court.


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About the Author

Chad Blair

Chad Blair is the politics editor for Civil Beat. You can reach him by email at cblair@civilbeat.org or follow him on Twitter at .


Latest Comments (0)

I would rather be stunned, or tased, rather than shot by a gun. Worse than shot would be a razor-sharp cross tip from an arrow.

Scotty_Poppins · 3 years ago

Thanks a lot Mr. Robert's. Yet another device that can be used in ways that can hurt me, my family, friends, and coworkers. I wonder how many incidents in schools will happen? I wonder how many disturbed and desperate people will get a device like this to commit assaults, rapes, battery, terroristic threats, robbery, etc. - all while you are safe at home and never actually threatened. I wonder who will die because the device disrupted life function because of a pace maker, or use on a sensitive area like the carotid on the throat? This device, in the hands of anyone, regardless of the best regulations, simply complicates safety and welfare of the general public. Can you imagine a crazy person, walking up behind an armed LEO, stunning him, and taking his weapon, to shoot whomever, till the clip is empty? Just wonderful (sarcasm)!

Paliku · 3 years ago

I'm a bit unclear."as of Jan. 1, 2022 it will be legal for private citizens in Hawaii 21 years of age and older to own a Taser and other electric guns."and:[Roberts ] "the United Kingdom citizen and resident of Hawaii"How will citizenship play into the Hawai'i law,and more broadly into the second amendment?

Robo · 3 years ago

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