Hawaii State Law Summary

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

Purchase/Possession Prohibitions

Hawaii prohibits the ownership, control or possession of ammunition by any person who:

• Is a fugitive from justice;

• Is a person prohibited from possessing firearms or ammunition under federal law;

• Is under indictment for, or has been convicted of, a felony or any crime of violence, or an illegal sale of any drug;

• Is or has been under treatment or counseling for addiction to, abuse of, or dependence upon any dangerous drug, intoxicating compound, or intoxicating liquor;

• Has been acquitted of a crime on the grounds of mental disease, disorder, or defect; or is or has been diagnosed as having a significant behavioral, emotional, or mental disorder, or for treatment for organic brain syndromes;

• Is less than 25 years old and has been adjudicated by the family court to have committed a felony, two or more crimes of violence, or an illegal sale of any drug;

• Is a minor who: 1) Is or has been under treatment for addiction to any dangerous drug, intoxicating compound, or intoxicating liquor; 2) is a fugitive from justice; or 3) Has been determined not to have been responsible for a criminal act or has been committed to any institution on account of a mental disease, disorder, or defect; or

• Has been restrained pursuant to an order of any court from contacting, threatening, or physically abusing any person, as long as the order or any extension is in effect, unless the order specifically permits the possession of ammunition.

Haw. Rev. Stat. Ann. § 134-7.

Safe Storage of Ammunition

Hawaii requires all ammunition to be confined to the possessor’s business or residence and only allows for the limited transport of ammunition in an enclosed container away from these locations. Haw. Rev. Stat. Ann. § 134-27. Hawaii law does not specify any ammunition storage practices, however.

Regulation of Unreasonably Dangerous Ammunition

Hawaii prohibits the manufacture, possession, sale or other transfer, barter, trade, gift or acquisition of any ammunition or projectile component coated with Teflon or a similar coating designed primarily to enhance its capacity to penetrate metal or pierce protective armor. Haw. Rev. Stat. Ann. § 134-8(a).

Hawaii also prohibits the manufacture, possession, sale or other transfer, barter, trade, gift or acquisition of ammunition or projectile components designed or intended to explode or segment upon impact with a target. Id.

Hawaii criminalizes the manufacture, possession, sale or other transfer, barter, trade, gift or acquisition of an assault pistol. Haw. Rev. Stat. Ann. § 134-8(a). Under section 134-1, "assault pistol" is defined as a semiautomatic handgun which accepts a detachable magazine and which has two or more of the following characteristics:

(1) An ammunition magazine which attaches to the pistol outside of the pistol grip;

(2) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip, or silencer;

(3) A shroud which is attached to or partially or completely encircles the barrel and which permits the shooter to hold the firearm with the second hand without being burned;

(4) A manufactured weight of fifty ounces or more when the pistol is unloaded;

(5) A centerfire pistol with an overall length of twelve inches or more; or

(6) A semiautomatic version of an automatic firearm.

An assault pistol does not include a firearm with a barrel sixteen or more inches in length, or an antique, curio or relic. Id.

As of July 1, 1992, no person shall bring or cause to be brought into Hawaii an assault pistol. Section 134-4(e). Furthermore, as of July 1, 1992, no previously-owned assault pistol may be sold or transferred to anyone within Hawaii other than a state-licensed dealer or the chief of police of any county. Id. A person that inherits an assault pistol registered within the state on or after July 1, 1992, has 90 days to render the weapon permanently inoperable, transfer the weapon to a licensed dealer or chief of police of any county, or remove the weapon from the state. Id.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System ("NICS") were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq. Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as "mental defectives" or those committed to mental institutions), and leaves to the states the power to determine additional classes. (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a "state point of contact" and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS. Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In Hawaii, anyone wishing to acquire a firearm must first obtain a permit. Haw. Rev. Stat. Ann. § 134-2(a). A permit to acquire a handgun must be obtained for each handgun purchase; the permit is void if not used within ten days of issuance.  Section 134-2(e).  A permit to acquire a long gun entitles the permittee to purchase long guns for a period of one year from the date of issue.  Id. See the Hawaii Licensing of Gun Purchasers/Owners section for further information.

Permit applications are processed directly through the county police chief, who enforces the federal purchaser prohibitions referenced above. See the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006).

In addition, Hawaii has adopted other classes of prohibited persons, and incorporated some of the federal prohibitions as state offenses. Hawaii Rev. Stat. Ann. § 134-7 provides that, subject to certain limited exceptions, no person shall own, possess or control any firearm or ammunition if the person:

• Is a fugitive from justice;

• Is a person prohibited from possessing firearms or ammunition under federal law;

• Is under indictment for, or has been convicted of, a felony or any crime of violence, or an illegal sale of any drug;

• Is or has been under treatment or counseling for addiction to, abuse of, or dependence upon any dangerous drug, intoxicating compound, or intoxicating liquor;

• Has been acquitted of a crime on the grounds of mental disease, disorder, or defect; or is or has been diagnosed as having a significant behavioral, emotional, or mental disorder, or for treatment for organic brain syndromes;

• Is less than 25 years old and has been adjudicated by the family court to have committed a felony, two or more crimes of violence, or an illegal sale of any drug;

• Is a minor who: 1) is or has been under treatment for addiction to any dangerous drug, intoxicating compound, or intoxicating liquor; 2) is a fugitive from justice; or 3) has been determined not to have been responsible for a criminal act or has been committed to any institution on account of a mental disease, disorder, or defect; or

• Has been restrained pursuant to an order of any court from contacting, threatening, or physically abusing any person, as long as the order or any extension is in effect, unless the order specifically permits the possession of a firearm and ammunition.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Holders of concealed firearms licenses or permits to acquire firearms in Hawaii are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the Hawaii Carrying Firearms and Hawaii Licensing of Gun Purchasers/Owners sections.

For information about the reporting of mental health information for use in firearm purchaser background checks, see the Hawaii Mental Health Reporting section.

No relevant statutes currently exist.

Possession Restrictions

Hawaii Revised Statutes Annotated § 134-9(c) provides that no person shall carry a concealed or unconcealed handgun on his or her person without being licensed to do so per section 134-9 (licensing provisions for the possession of concealed handguns), or in compliance with sections 134-5(c) (licensing of hunters) or section 134-25 (possession restrictions for handguns).

Firearms and ammunition generally must be confined to the possessor’s place of business, residence or sojourn, but the possessor may carry unloaded firearms or ammunition in an enclosed container from the place of purchase to the person’s place of business, residence or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and a:

• Place of repair;

• Target range;

• Licensed dealer’s place of business;

• Organized, scheduled firearms show or exhibit;

• Place of formal hunter or firearm use training or instruction; or

• Police station.

Sections 134-23(a), 134-24(a), 134-25(a), 134-27(a).

Hawaii prohibits any person from carrying or possessing a loaded firearm on any public highway. Section 134-26(a). This prohibition does not apply to any person who has in his or her possession a handgun while licensed per section 134-9. Section 134-26(a).

Generally, no person may enter a sterile area, or board or attempt to board an air carrier aircraft while possessing on or about his or her person (including in carry-on baggage) any firearm, explosive or incendiary device. Haw. Code R. § 19-14-3(e). This provision makes no exception for concealed weapons license holders.

Any person age 16 or older (or anyone under age 16 if accompanied by an adult) may carry and use any lawfully acquired rifle or shotgun and suitable ammunition while actually engaged in hunting or target shooting, or while going to and from the place of hunting or target shooting, provided that the person has a valid hunting license. Haw. Rev. Stat. Ann. § 134-5(a).

A person may carry unconcealed and use a lawfully acquired handgun while actually engaged in hunting game mammals, if the handgun is approved and the person is licensed. The handgun may be carried to or from the hunt in an enclosed container, as defined in section 134-25. Section 134-5(c).

Concealed weapons permit holders may be subject to additional location limits. Please see the Location Limits subsection below for further information.

Transportation of Firearms

Hawaii prohibits any person from carrying or possessing a loaded firearm on any public highway or in any vehicle. Haw. Rev. Stat. Ann. § 134-26(a). These prohibitions do not apply to any person who possesses or carries a handgun while licensed per section 134-9. Section 134-26(a).

Hawaii also prohibits any person, not authorized by law, from carrying a pistol or any other deadly weapon concealed upon the person or within any vehicle used or occupied by the person. Section 134-51(a).

Firearms and ammunition generally must be confined to the possessor’s place of business, residence or sojourn, but the possessor may carry unloaded firearms or ammunition in an enclosed container from the place of purchase to the person’s place of business, residence or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and a:

• Place of repair;

• Target range;

• Licensed dealer’s place of business;

• Organized, scheduled firearms show or exhibit;

• Place of formal hunter or firearm use training or instruction; or

• Police station.

Sections 134-23(a), 134-24(a), 134-25(a), 134-27(a).

Concealed Weapons Licensing Requirements

Hawaii is a "may-issue" state, meaning that the chief of police of a county has discretion in determining whether or not to issue a concealed weapons license to an applicant. The chief of police may grant a license to carry a concealed weapon and ammunition "[i]n an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property," if the applicant is a United States citizen or a duly accredited official representative of a foreign nation and over 21 years of age. Haw. Rev. Stat. Ann. § 134-9(a).

Pursuant to section 134-9(b), the chief of police must adopt procedures to require that any person granted a license to carry a concealed weapon on the person shall:

(1) Be qualified to use the firearm in a safe manner;

(2) Appear to be a suitable person to be so licensed;

(3) Not be prohibited under section 134-7 from the ownership or possession of a firearm [see the Hawaii Background Checks section]; and

(4) Not have been adjudged insane or not appear to be mentally deranged.

A fee of $10 shall be charged for each license. Section 134-9(d). Any person carrying a concealed handgun without a license is criminally liable for a misdemeanor and "may be immediately arrested without warrant by any sheriff, police officer, or other officer or person." Section 134-51(a).

The chief of police may grant a license to carry an unconcealed weapon and ammunition "[w]here the urgency or the need has been sufficiently indicated," and the applicant is of good moral character, a citizen of the United States, at least 21 years of age, and engaged in the protection of life and property. Section 134-9(a).

All licenses to carry a handgun may be revoked for good cause by the issuing authority or by the judge of any court. Section 134-13.

Disclosure or Use of Information

Within ten days after the last day of each month, all issuing authorities must report to the Department of the Attorney General all permits and licenses issued or revoked by the authority as of the last day of the preceding month. Section 134-14.

Duration & Renewal

The license is valid for one year from the date of issue. Section 134-9(a). The renewal fee is $10. Section 134-9(d).

Location Limits

There are no specific location limits for license holders

Concealed weapon license holders may be subject to generally applicable possession prohibitions. Please see the Possession Restrictions and Transportation of Firearms sections above for further information.

Reciprocity

Hawaii has no provisions allowing concealed weapons license holders from other states to carry their concealed firearms in Hawaii.

Brady Exemption

Concealed weapons license holders in Hawaii are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the Hawaii Background Checks section.

Hawaii Revised Statutes Annotated § 134-10.5 prohibits persons from storing firearms on property they control when they know or reasonably should know that a minor (a person under the age of 16) is likely to gain access to the firearm without the permission of the parent or guardian of the minor, unless:

• The firearm is kept in a securely locked box or container or in a location that a reasonable person would believe to be secure; or

• The firearm is carried on the person or within such close proximity thereto that the person readily can retrieve and use it as if it were carried on the person.

Under section 707-714.5, a person commits the offense of "criminally negligent storage of a firearm" when a minor obtains a firearm as a result of the person’s violation of section 134-10.5. Criminally negligent storage of a firearm is a misdemeanor. Section 707-714.5(3). If the minor obtains the firearm as a result of unlawful entry to any premises by any person, section 707-714.5 does not apply. Section 707-714.5(2).

Persons engaged in the business of selling or manufacturing firearms, either at wholesale or retail, must annually be licensed by the state. Haw. Rev. Stat. Ann. § 134-31. A dealer license expires on the next June 30 following the date of issuance. Id.

All firearms in the possession and control of a firearms dealer, or registered by the dealer pursuant to section 134-3(c), are subject to physical inspection by the chief of police of each county during normal business hours. Section 134-32(4). During a national emergency, a dealer license may be revoked or suspended and all firearms in the licensee’s possession may be seized and held in possession by the state. Section 134-32(2), (3). A dealer license may be revoked for a dealer’s:

• Failure to comply with all laws relating to the sale of firearms;

• Failure to comply with the seizure of the dealer’s firearms by the governor during a time of national emergency;

• Failure to comply with physical inspection of the dealer’s firearms by the chief of police during normal business hours.

Section 134-32.

See the Hawaii Background Checks and Licensing of Gun Purchasers/Owners sections for additional information.

Number of Federally Licensed Firearms Dealers

There are 99 federally licensed firearms dealers and pawnbrokers in Hawaii. Federal firearms licensee totals for Hawaii as of November 24, 2008 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

For laws applicable to both licensed and private firearm sellers, please see the Hawaii Private/Secondary Sales section.

Any person denied a permit to acquire a firearm may be required by the chief of police to voluntarily surrender all firearms and ammunition to the chief of police or “dispose” of the firearms or ammunition by selling them to a licensed gun dealer. Haw. Rev. Stat. Ann. § 134-7.3(a). If the applicant fails to surrender or dispose of the guns and ammunition within 30 days of the date the person received notice, the chief may seize the guns and ammunition. Id.

Furthermore, any person who is disqualified from ownership, possession or control of firearms or ammunition because he or she falls into a prohibited class under section 134-7 must voluntarily surrender all firearms and ammunition to the chief of police where the person resides or “dispose” of the guns and ammunition by selling them to a licensed gun dealer. Section 134-7.3(b). If the person does not voluntarily surrender or dispose of the firearms or ammunition within 30 days from the date of disqualification, the chief of police may seize the guns and ammunition. Id.

Firearm Prohibitions for Domestic Violence Misdemeanants

There is no law in Hawaii prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition. Federal law, however, prohibits the purchase and possession of firearms and ammunition by persons who have been convicted of a “misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). Federal law defines a “misdemeanor crime of domestic violence” as an offense that is a federal, state or tribal law misdemeanor and has the use or attempted use of physical force or threatened use of a deadly weapon as an element, if the offender:

• Was a current or former spouse, parent, or guardian of the victim;

• Shares a child in common with the victim;

• Was a current or former cohabitant with the victim as a spouse, parent or guardian; or

• Was similarly situated to a spouse, parent or guardian of the victim.

18 U.S.C. § 921(a)(33).

Firearm Prohibitions for Persons Subject to Domestic Violence Restraining/Protective Orders

Hawaii prohibits the possession, control or transfer of ownership of firearms or ammunition by any person restrained by an order of any court (including ex parte orders) from contacting, threatening, or physically abusing any person as long as the order, or any extension of an order, is in effect. Haw. Rev. Stat. Ann. § 134-7(f). The order must specifically include a statement that the possession, control or transfer of ownership of a firearm or ammunition by the person subject to the order is prohibited. Id.

Hawaii authorizes judges issuing protective orders to grant appropriate injunctive relief, but the law does not specify whether a firearm prohibition is permissible. See Sections 586-5(b), 586-5.5(b).

Protective orders shield former and current dating partners, cohabitants and family members. Sections 586-1, 586-3.

Removal or Surrender of Firearms When Domestic Violence Restraining/Protective Orders Are Issued

In Hawaii, any person subject to a protective or restraining order must relinquish possession of any firearm and ammunition owned by that person to the police department of the appropriate county for safekeeping for the duration of the order or extension of an order. Haw. Rev. Stat. Ann. § 134-7(f).

Any person disqualified from ownership, possession, control, or the right to transfer ownership of firearms and ammunition by a restraining or protective order [under section 134-7] must surrender his or her firearms to law enforcement or “dispose” of all firearms and ammunition by selling them to a licensed gun dealer. Sections 134-7(g), 134-7.3(b).

Hawaii authorizes, but does not require, removal of firearms and/or ammunition by law enforcement officers from abusers subject to domestic violence protective orders, including ex parte protective orders. Section 134-7(f). In Hawaii, upon service of a domestic violence restraining order involving firearms or ammunition, the police officer may take custody of any firearms or ammunition in plain sight, discovered pursuant to a consensual search, or surrendered by the person subject to the order. Id. If the police officer is unable to locate firearms or ammunition registered to that person or known to the person granted protection by the court, the police officer must apply to the court for a search warrant for the purpose of seizing these firearms and ammunition. Id.

If the person restrained by the order is the registered owner of a firearm and knows its location but refuses to surrender the firearm or refuses to disclose its location, the person restrained shall be criminally liable for a misdemeanor. Id.

Removal or Surrender of Firearms at the Scene of a Domestic Violence Incident

A police officer who has reasonable grounds to believe that a person recently assaulted or threatened to assault a family or household member may seize all firearms and ammunition the officer believes were used or threatened to be used in the commission of the offense. Haw. Rev. Stat. Ann. §§ 134-7.5(a), 709-906(4)(f). The officer may seize any firearms or ammunition in plain view or that are discovered pursuant to a consensual search for the protection of the officer or any family or household member. Id.

Any guns or ammunition seized will be held by law enforcement. Id. The officer at the scene must provide the owner or lawful possessor of seized firearms or ammunition a receipt. Section 134-7.5(b). The firearm or ammunition will be made available to the owner or lawful possessor within seven working days after the seizure unless it is retained for use as evidence or the abuser is ineligible to possess it. Section 134-7.5(d).

According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), Hawaii maintains criminal histories, “flagged” records of domestic violence misdemeanors and some restraining orders as part of the state’s criminal justice information system.

For general information on the background check process and categories of prohibited purchasers or possessors, see the Hawaii Background Checks section.

No relevant statutes currently exist.

See the Hawaii Private/Secondary Sales section for state laws that may apply at gun shows.

No relevant statutes currently exist.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

Hawaii prohibits any person, including a licensed manufacturer, licensed importer, or licensed dealer, from possessing, selling, or delivering any handgun if the frame or receiver "is a die casting of zinc alloy which has a melting temperature of less than 800 degrees Fahrenheit." Haw. Rev. Stat. Ann. § 134-15(a). This section does not apply to any handgun registered prior to July 1, 1975, or to any antique handgun. Section 134-15(b).

"The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of detachable ammunition magazines with a capacity in excess of ten rounds which are designed for or capable of use with a pistol is prohibited."  Haw. Rev. Stat. Ann. § 134-8(c).

Generally, anyone wishing to acquire a firearm must obtain a permit. Haw. Rev. Stat. Ann. § 134-2(a). The criteria for obtaining firearms are outlined in the Hawaii Background Checks section.

"The permit application form shall include the applicant's name, address, sex, height, weight, date of birth, place of birth, country of citizenship, social security number, alien or admission number, and information regarding the applicant's mental health history and shall require the fingerprinting and photographing of the applicant by the police department of the county of registration."  Section 134-2(b).

An applicant for a permit must sign a waiver at the time of the application allowing the chief of police of the county issuing the permit access to any records that have a bearing on the mental health of the applicant. Section 134-2(c).

Permits to acquire a handgun require a separate application and permit for each transaction, and are void if not used within ten days after the date of issue. Section 134-2(e). Permits to acquire a rifle or shotgun entitle the permittee to make subsequent purchases of rifles or shotguns for a period of one year from the date of issue without a separate application and permit for each acquisition, subject to the disqualifications under section 134-7. Section 134-2(e).

One copy of the permit must be retained by the issuing authority as a permanent official record. Section 134-2(e).

Under section 134-2(g), no person may obtain a permit to acquire a handgun unless he or she has completed:

• An approved hunter education course as authorized under section 183D-28;

• A firearms safety or training course or class available to the general public offered by a law enforcement agency of the state or of any county;

• A firearms safety or training course offered to law enforcement officers, security guards, investigators, deputy sheriffs, or any division or subdivision of law enforcement or security enforcement by a state or county law enforcement agency; or

• A firearms training or safety course or class conducted by a state certified or National Rifle Association certified firearms instructor or a certified military firearms instructor that provides, at a minimum, a total of at least two hours of firing training at a firing range and a total of at least four hours of classroom instruction, which may include a video, that focuses on:

• The safe use, handling, and storage of firearms and firearm safety in the home; and

• Education on the firearm laws of Hawaii.

No permit to acquire a firearm shall be issued earlier than 14 calendar days after the date of the application, except for sales to state or federally licensed dealers, law enforcement officers, persons with a license to carry a handgun, or where a firearm is registered pursuant to section 134-3(a). Section 134-2(e); see also the Hawaii Registration of Guns section. All permits must be issued or the application denied before the twentieth day from the date of application. Id.

Section 134-2(f) provides that:

• In all cases where a handgun is acquired from another person within the state, the buyer's permit to acquire a handgun must be signed in ink by the buyer and delivered to the seller. The seller must verify that the buyer is the person named in the permit and enter on the permit: 1) the name of the person to whom the title to the handgun was transferred; 2) names of the manufacturer and importer; 3) the model; 4) the type of action; 5) the caliber or gauge; and 6) the serial number as applicable. The seller must then sign the permit in ink and send it by registered mail to the issuing authority within 48 hours after transferring the firearm.

• In all cases where receipt of a firearm comes by mail, express, freight, or otherwise from sources outside Hawaii, the buyer shall make the prescribed entries on the permit, sign the permit in ink, and send it by registered mail to the issuing authority within 48 hours after taking possession of the firearm.

• In all cases where a rifle or shotgun is acquired from another person within the state, the seller must submit, within 48 hours after transferring the firearm, to the authority which issued the permit to acquire: 1) the seller’s name; 2) the buyer’s name; 3) names of the manufacturer and importer; 4) the model; 5) the type of action; 6) the caliber or gauge; and 7) serial number.

Permits to acquire may be revoked for good cause by the issuing authority or by the judge of any court. Section 134-13.

Permits to acquire are exempt from the requirements of the Brady Act. Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Consult the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart outlining those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the Hawaii Background Checks section.

For measures related to safe storage of firearms, see the Hawaii Child Access Prevention section.

Federal law prohibits any person from selling or otherwise transferring a firearm or ammunition to any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.” 18 U.S.C. § 922(d)(4). No federal law requires states to report the identities of these individuals to the National Instant Criminal Background Check System (NICS) database, which the FBI uses to perform background checks prior to firearm transfers.

Health care providers and public health authorities in Hawaii must disclose mental health information of persons seeking to purchase or own a firearm to county chiefs of police in response to requests for such information. Haw. Rev. Stat. Ann. § 134-3.5. This information is to be used solely for evaluating a person’s fitness to acquire or own a firearm. Id. Hawaii requires applicants for permits to purchase or acquire firearms to authorize disclosure of mental health information. Applicants must sign a waiver when completing the application that allows the Chief of Police of the county issuing a permit access to any records that have a bearing on the mental health of the applicant. Sections 134-2(c), 134-3.5(2).

Hawaii collects some of its own state mental health records and searches these records prior to approving a firearm transfer, even though the state has no statute or formal regulation explicitly authorizing submission of this mental health information to NICS. Sections 334-2.5(c)(4), 704-406(1), 704-411(1).

According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006), Hawaii maintains a state mental health facility database containing files that are manually reviewed for names with a positive hit. In addition, mental health data may be obtained from a private mental health agency if an applicant for a permit to acquire a firearm signs a waiver or the agency receives state funding. Id. Criminal histories may also include an acquittal by reason of insanity or an involuntary commitment to a mental institution. Id.

For general information on the background check process and categories of prohibited purchasers or possessors, see the Hawaii Background Checks section.

Permits to acquire firearms will only be issued to persons 21 years of age or older. Haw. Rev. Stat. Ann. § 134-2(d). Subject to certain requirements, however, permits are not necessary for persons under age 21 when carrying and using any rifle or shotgun while "actually engaged" in hunting or target shooting. Section 134-5(a).

Section 134-5(a) allows any person 16 years of age or older, or any person under 16 years of age if accompanied by an adult, to carry and use any lawfully acquired rifle or shotgun, and suitable ammunition, while actually engaged in hunting or target shooting, or while going to and from the place of hunting or target shooting. Those engaged in hunting must have procured a hunting license under chapter 183D, part II. Id.

A permit is not required for the loan of any lawfully acquired firearm to a minor (a person under age 18) at a target range or similar facility for target shooting purposes, provided that the period of the loan does not exceed the time in which the person actually engages in target shooting upon the premises. Section 134-5(b).

Under section 302A-1134(b), any child who, while attending school, is found to be in possession of a firearm will be “excluded” from attending school for not less than one year.

No relevant statutes currently exist.

No relevant statutes currently exist.

Anyone wishing to purchase a firearm must obtain a permit to acquire a handgun or long gun, requiring a background check of the applicant. Haw. Rev. Stat. Ann. § 134-2(a). See the Hawaii Background Checks and Licensing of Gun Purchasers/Owners sections.

No person may knowingly lend a firearm to any person prohibited from owning or possessing a firearm under Hawaii law. Section 134-4(d).

With very few exceptions, all firearms in Hawaii must be registered. To acquire a firearm, either through purchase, gift, inheritance, or any other manner, all persons must first obtain a permit (see the Hawaii Licensing of Gun Purchasers/Owners section) and then must register the firearm with the county police chief within five days of acquiring it. Haw. Rev. Stat. Ann. § 134-3(b). The registration must include the name of the manufacturer and importer; model; type of action; caliber or gauge; serial number; and source from which the firearm was obtained, including the name and address of the prior registrant. Id. If the firearm has no serial number, the permit number shall be entered in the space provided for the serial number, and the permit number shall be engraved upon the receiver portion of the firearm prior to registration. Id.

All registration data that would identify the individual registering the firearm by name or address is confidential and shall not be disclosed to anyone, except as may be required by a law enforcement agency for the lawful performance of its duties or as may be required by order of a court. Id.

State or federally licensed dealers shall register firearms, but are not required to have the firearms physically inspected by the chief of police at the time of registration. Section 134-3(c).

Under section 134-3(a), every person arriving in Hawaii who brings or causes to be brought into Hawaii a firearm must register the firearm within three days of the person's or the firearm's arrival, whichever arrives later. Section 134-3(a) also provides that a nonresident alien may bring into the state up to ten firearms not otherwise prohibited by law for a continuous period not to exceed 90 days for firing range or target shooting activities. See section 134-3(a) for further information.

Section 134-3(d) exempts the following firearms from the registration requirement:

(1) Any device that is designed to fire loose black powder or that is a firearm manufactured before 1899;

(2) Any device not designed to fire or made incapable of being readily restored to a firing condition; or

(3) All unserviceable firearms and destructive devices registered with the Bureau of Alcohol, Tobacco, and Firearms of the U.S. Department of Justice pursuant to Title 27, Code of Federal Regulations.

No fee shall be charged for registration. Section 134-3(e).

No relevant statutes currently exist.

No permit to acquire a firearm shall be issued earlier than 14 calendar days after the date of the application, except for sales to state or federally licensed dealers, law enforcement officers, persons with a license to carry a handgun, or where a firearm is registered pursuant to Hawaii Revised Statutes Annotated § 134-3(a).  Section 134-2(e). See also the Hawaii Registration of Guns section.  All permits must be issued or the application denied before the twentieth day from the date of application. Id.