Law

HERE IS A SIMPLIFIED VERSION OF HRS CHAPTER 134: FIREARMS, AMMUNITION, AND DANGEROUS WEAPONS

NOTE: The following is not meant to constitute legal advice, and YOU are responsible for knowing and understanding the state firearms laws.


§134-1 Definition.
This section contains definitions of words used in the HRS134 section

§134-2 Permits to acquire.
You must be 21 years old to obtain a permit.
A Permit is required to purchase or obtain firearms in the state of Hawaii. This permit is issued by the county police departments.
when applying for a permit, you must submit the following:
1) name, address, sex, height, weight, date of birth, place of birth, country of citizenship, social security number, alien or admission number.
2) Fingerprinting and photographing by the police department
3) A mental health release waiver for both the state medical facility and your personal doctor. You will need to provide your doctor’s contact information if you currently have a doctor.
4) A release waiver to be entered into the FBI rapback system.
5) If obtaining a handgun; A training certificate such as a hunter education card, military training, or Hawaii compatible pistol class.
6) payment of the fee charged by the Hawaii Criminal Justice Data Center.
A pistol permit is required for every pistol that is being obtained. A rifle permit is good for one year and is good for multiple firearms.

§134-2.5 Permits for motion picture films or television program production.
Anyone wishing to use a firearm for a tv show or movie must obtain a permit. There is a fee of $50 per application/permit.

§134-3 Registration, mandatory, exceptions.
You must be 21 to register a firearm.
All firearms obtained or bought into the state are required to be registered with the county police department.
If you are registering a firearm bought from outside of the state, you must provide the same information required for a permit application.
Black powder firearms that are loaded via the muzzle are not required to be registered.
If you take a firearm out of the state, you shall notify the police department.

§134-3.5 Disclosure for firearm permit and registration purposes.
When requested, your doctor must release your medical information to the police for the purposes of obtaining or registering a firearm.

§134-4 Transfer, possession of firearms.
A rifle or shotgun may be leant to a person over the age of 18 for a period of no more than 15 days unless that person is known to be a prohibited person. No one can transfer or bring into the state an assault pistol.

§134-5 Possession by licensed hunters and minors; target shooting; game hunting
Any person 16 or older can borrow/use a firearm lent to them for the purposes of hunting or target shooting.
Any person under 16 years of age who is accompanied by an adult can borrow/use a firearm lent to them for the purposes of hunting to target shooting.
A person with a Hunting license can carry a pistol unconcealed whilst engaged in hunting.

§134-6 REPEALED
This section has been repealed.


 §134-6.5 Relief from federal firearms mental health prohibitor
Any Person that has been prohibited from owning firearms due to being adjudicated as mentally defective or having been committed to a mental institution has the ability to petition the circuit court to restore their rights. 

§134-7 Ownership or possession prohibited, when; penalty.
The following people are not able to own firearms in Hawaii; Felons, Fugitives, Persons convicted of violent crimes, Persons under indictment for felonies or violent crimes,Persons addicted to or who have abused drugs or alcohol, Persons with (or a history of) significant behavioral, emotional, or mental disorders (unless medically documented to no longer be affected),Persons under a current TRO,

§134-7.2 Prohibition against seizure of firearms or ammunition during emergency or disaster; suspension of permit or license.
During a state of emergency, no government agency shall remove a person’s firearms or ammunition unless that person has violated the laws in this section. 

134-7.3 Seizure of firearms upon disqualification.
Any person denied a permit to acquire a firearm or disqualified from ownership shall surrender or dispose of their firearms. Any person who does not comply with surrendering or disposing of their firearms or ammunition shall have them seized by the police.

 §134-7.5 Seizure of firearms in domestic abuse situations; requirements; return of.
A police officer may seize a person’s firearms and ammo if they are used or believed to have been used to threaten a family member. A police officer may take any firearms and ammo found during a consensual search of a person’s home after a domestic abuse situation.
The police must notify a person who was abused with seized firearms that they may file for a restraining order to stop the abuser from getting their firearms back.
A person who has no criminal charges against them may have their firearms and ammo returned after seven days if they are not being held as evidence and a TRO was never applied for.

§134-8 Ownership, etc., of automatic firearms, silencers, etc., prohibited; penalties.
he following are illegal in the state of Hawaii: automatic firearms; rifles with barrel lengths less than sixteen inches; shotguns with barrel lengths less than eighteen inches; cannons; mufflers, silencers, or devices for deadening or muffling the sound of discharged firearms; hand grenades, dynamite, blasting caps, bombs, or bombshells, or other explosives; or any type of ammunition or any projectile component thereof coated with Teflon or any other similar coating designed primarily to enhance its capability to penetrate metal or pierce protective armor; and any type of ammunition or any projectile component thereof designed or intended to explode or segment upon impact with its target.

The possession of a magazine that can hold more than ten rounds and is capable of fitting into a pistol is also prohibited.
Hawaii defines AR and AK style pistols as “Assult Pistols” as such, magazines that fit these types of firearms are not prohibited and are generally available throughout the state. This was demonstrated in the 2020 legislative session when lawmakers attempted to ban their possession under s separate bill/act. 

§134-8.5 Bump fire stock, multiburst trigger activator, or trigger crank; prohibition.
Bump stocks, trigger cranks, and triggers that fire on pull and release are prohibited in the state. 

§134-9 Licenses to carry.
Hawaii law allows for a person to carry a firearm outside of their home if issued a carry license. No police department will issue a permit, so in effect, Hawaii is a NO ISSUE state.
The lawsuit Young V Hawaii is currently making its way through the legal system and is expected to go before the supreme court in 2022. 

 

§134-10 Alteration of identification marks prohibited.
It is illegal to remove or deface a firearms serial number. 

§134-10.2 Manufacturing, purchasing, or obtaining firearm parts to assemble a firearm having no serial number; penalty.
This law effectively bans the manufacturing of firearms for personal use. It also bans the possession of the parts to make these firearms.

§134-10.5  Storage of firearm; responsibility with respect to minors.
When not in use, a person must secure their firearm in such a way as to prevent any person under the age of 18 from gaining access to them. They must be either kept in a locked container or on the person’s body or near enough to have the same effect. 

§134-11  Exemptions.
Police officers and government officials don’t have to follow the same laws as the rest of the population of the state. 

§134-12 REPEALED
This section has been repealed.

§134-12.5 Forfeiture of firearms, ammunition, deadly or dangerous weapons, and switchblade knives;
Any firearm, ammo, dangerous weapon, or switchblade used in a crime shall be seized and destroyed by the police. 

§134-13 Revocation of permits.
Any permit issued in the state can be revoked with good cause. 

§134-14 Report.
At the end of each month, the police chiefs shall report information regarding firearms permits and registrations to the attorney general. 

§134-15 Restriction of materials for the manufacture of pistols or revolvers.|
Possession of firearms that are made from a zinc alloy that has a melting temperature of less than 800 degrees Fahrenheit is prohibited.

§134-16 Restriction on possession, sale, gift, or delivery of electric guns.
Stun guns and Tasers are illegal in the state of Hawaii.
Starting January 1st, 2022, this law will be repealed, and a new law allowing possession will be in its place. 

§134-17 Penalties.
This section provides the criminal punishments for violating the laws in this section. 

134-18 Qualified immunity for physicians, psychologists, or psychiatrists who provide information on permit applicants.
Doctors who provide medical information to the police are immune from civil lawsuits. 

§134-21 Carrying or use of firearm in the commission of a separate felony; penalty.
Carrying or using a firearm while committing a separate felony is an additional crime. 

§134-22 Possession of a firearm with intent to facilitate the commission of a felony drug offense; penalty.
Possessing a firearm while committing a felony drug crime is an additional crime. 

§134-23 Place to keep loaded firearms other than pistols and revolvers; penalty.
§134-24 Place to keep unloaded firearms other than pistols and revolvers; penalty.
§134-25 Place to keep pistol or revolver; penalty.
§134-26 Carrying or possessing a loaded firearm on a public highway; penalty
§134-27 Place to keep ammunition; penalty.
A person must keep their firearms within their home or business except when traveling to or from the following locations.
(1) A place of repair;
(2) A target range;
(3) A licensed dealer’s place of business;
(4) An organized, scheduled firearms show or exhibit;
(5) A place of formal hunter or firearm use training or instruction; or
(6) A police station.
While transporting the firearm, it must be unloaded and contained inside a rigidly constructed receptacle or a commercially manufactured gun case. (this includes a gun sock) 

§134-28 Explosive devices; prohibitions; penalty.
It’s illegal to possess or use homemade explosive devices. 

§134-29 Reporting lost, stolen, or destroyed firearms; penalties.
A person shall report all lost and stolen firearms within 24 hours of noticing the firearm is lost, stolen, or destroyed.

§134-31 License to sell and manufacture firearms; fee
§134-32 License to sell and manufacture firearms; conditions.
134-33 Punishment for violations of section 134-32
To sell or manufacture firearms in the state, you must apply for a license and pay a fee. There are rules that a seller must follow to keep their license. There is a punishment for not complying with this license requirement.

§134-34 National emergency, when.
A National emergency shall be when the governor or senior member of the military declares one. 

  

State gun laws are covered in HRS 134 and can be found here

https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-.htm