Some call for greater enforcement following fatal fireworks accident

HONOLULU (HawaiiNewsNow) - In the wake of a fatal fireworks explosion on New Year's, some are calling for a new crackdown on those bringing illegal fireworks into the state.

State Sen. Will Espero, who has introduced fireworks-related legislation in the past, said any effort to address illegal aerials should "start with our harbors."

Criminal Defense attorney Marcus Landsberg agrees, but says that's just part of it.

"We have to remember that when you make things illegal you lose all control to regulate it, there's zero consumer protection." Landsberg said.

The new emphasis on fireworks comes in the wake of a busy New Year's Day for first responders.

There were at least three serious incidents statewide, including one in Kapolei that left a woman dead and a man critically injured.

Meanwhile, fire officials the total number of fireworks-related incidents on Oahu hit 19, double the total last year.

That's all despite a fireworks ban on Oahu, which went into effect in 2010.

Under the law, importing illegal fireworks without a proper license is a Class C felony, punishable by up to five years behind bars.

Espero said addressing smuggling is key to addressing the fireworks issue.

"To a degree we do regulate them and we work with the counties, but the biggest issue are the illegal aerial fireworks, which are being smuggled into our state," he said. "What we have here is a clash between culture and tradition, especially with the many Asian cultures in Hawaii, versus public safety."

Last year, Espero introduced a bill that called for random inspections of shipping containers coming into the state to combat the illegal fireworks problem.

Espresso's bill stalled in the Transportation Committee, but Espero says he plans to introduce a similar measure this session.

"We have over 200,000 containers that are coming into Hawaii each year. If one wanted to smuggle fireworks, it's relatively easy," he said.

Meanwhile, when it comes to prosecuting someone who has set off an illegal aerial, getting a conviction is just like with other crimes.

"It depends on the evidence," said city Prosecutor, Keith Kanehsiro. "What the police brings to our office to prosecute. Some of the cases we've seen in the past, not recently, but in the past, not enough evidence to indicate who ignited the fireworks."

Landsberg, the defense attorney, added: "The problem with aerial fireworks is by the time you see the firework, the person has already lit it and walked away."

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