Drone surveillance now allowed in Hawaiʻi to crackdown on illegal fireworks

In response to the tragic explosion that killed six people and injured many more on Oʻahu on New Year’s Eve, a package of new laws was passed in Hawaiʻi, including the use of drones over public property for investigation of illegal fireworks.

The new laws also will increase penalties for people with illegal fireworks and allocate more resources to law enforcement agencies to investigate such cases.

Just four days before the Fourth of July holiday, Gov. Josh Green on Monday signed the laws designed to promote public safety surrounding fireworks and address community concerns.

House Bill 550 facilitates collaboration with law enforcement agencies by permitting the use of aerial video footage to establish probable cause for arrests.

“All those great videos that we saw on YouTube showing the incredible fireworks everywhere —those YouTube videos are now going to be evidence to bust people for blowing up their neighbors,” Green said. “We have to once and for all stop this for the safety of our children and the people we love.”

Mike Lambert, director of the Department of Law Enforcement, said 10 drones are currently positioned on Oʻahu in preparation for the upcoming holiday weekend, although he did not say where, with additional drones expected to arrive shortly.

There are no plans for drones on the neighbor islands for Fourth of July, although they could have them in the future.

“To set expectations moving into the Fourth of July season, you may still see the same amount of fireworks, but the difference is you’re going to see more enforcement in the aftermath, as we report,” Lambert said.

He said the goal for this weekend is to use the new drone technology, apply the new laws, and get it fine-tuned for the New Year’s Eve fireworks season, “which we know gets pretty wild.”

Because of the Hawaiʻi Supreme Court ruling that law enforcement cannot obtain aerial video evidence on private property, the drones can only be flown or parks, streets and other public property.

Lambert said the new laws represent a change in the way Hawaiʻi views, prioritizes and enforces individuals who recklessly use fireworks.

“No longer will we look at it as a benign activity or family fun,” he said, saying that the New Year’s Eve tragedy showed the harm that even a moderate amount of fireworks can produce.

“There are not enough sorrys or apologies that can reverse the burns or the loss of lives,” he said.

Law enforcement also noted that the act of shooting down a drone is a federal offense.

House Bill 1483 establishes larger fines and more stringent consequences for repeat offenders and in cases where serious injury or a fatality occurs.

Now, illegally setting off aerials within 500 feet of any homes or hotels will be a crime, subject to up to one year in jail and/or a fine of up to $2,000.

If the individual had any prior fireworks conviction in the past 10 years, the current offense is a class C felony. If anyone suffers “substantial” injury as a result of those fireworks, it will be a class B felony. And if it results in “serious” injury or death, the office will be a class A felony, punishable by up to 20 years in prison regardless of whether the responsible person knew or could have known that injury or death would be the result.

“All of this is meant to take this problem more seriously,” Green said. “These penalties will not be small. These will be serious felonies if someone puts another in harm’s way.”

The measure also amends liability provisions to hold parents or guardians, as well as property owners, accountable for fireworks offenses committed by minors or individuals on their property.

Additionally, the legislature has enacted House Bill 806, which allocates $2 million for a new explosives laboratory to conduct forensic analyses in fireworks cases and $500,000 to state law enforcement for fireworks sting operations, and Senate Bill 222 that extends the mandate of the illegal fireworks Task Force.