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2023 Hawaii Revised Statutes
Title 10. Public Safety and Internal Security
134. Firearms, Ammunition and Dangerous Weapons
PART I. OLD GENERAL REGULATIONS
- 134-1 to 134-18 OLD REPEALED. §134-1 Definitions.
- 134-2 Permits to acquire.
- 134-2.5 Permits for motion picture films or television program production.
- 134-3 Registration, mandatory, exceptions.
- 134-3.5 Disclosure for firearm permit and registration purposes.
- 134-4 Transfer, possession of firearms.
- 134-5 Possession by licensed hunters and minors; target shooting; game hunting.
- 134-6 REPEALED.
- 134-6.5 Relief from federal firearms mental health prohibitor.
- 134-7 Ownership, possession, or control prohibited, when; penalty.
- 134-7.2 Prohibition against seizure of firearms or ammunition during emergency or disaster; suspension of permit or license.
- 134-7.3 Seizure of firearms upon disqualification.
- 134-7.5 Seizure of firearms in domestic abuse situations; requirements; return of.
- 134-8 Ownership, etc., of automatic firearms, silencers, etc., prohibited; penalties.
- 134-8.5 Bump fire stock, multiburst trigger activator, or trigger crank; prohibition.
- 134-9 Licenses to carry.
- 134-9.1 Carrying or possessing a firearm in certain locations and premises prohibited; penalty. (a) A person with a license issued under section 134-9, or authorized to carry a firearm in accordance with title 18 United States Code section 926B or 926C, shall not intentionally, knowingly, or recklessly carry or possess a loaded or unloaded firearm, whether the firearm is operable or not, and whether the firearm is concealed or unconcealed, while in any of the following locations and premises within the State: (1) Any building or office owned, leased, or used by the State or a county, and adjacent grounds and parking areas, including any portion of a building or office used for court proceedings, legislative business, contested case hearings, agency rulemaking, or other activities of state or county government; (2) Any public or private hospital, mental health facility, nursing home, clinic, medical office, urgent care facility, or other place at which medical or health services are customarily provided, including adjacent parking areas; (3) Any adult or juvenile detention or correctional facility, prison, or jail, including adjacent parking areas; (4) Any bar or restaurant serving alcohol or intoxicating liquor as defined in section 281-1 for consumption on the premises, including adjacent parking areas; (5) Any stadium, movie theater, or concert hall, or any place at which a professional, collegiate, high school, amateur, or student sporting event is being held, including adjacent parking areas; (6) All public library property, including buildings, facilities, meeting rooms, spaces used for community programming, adjacent grounds, and parking areas; (7) The campus or premises of any public or private community college, college, or university, and adjacent parking areas, including buildings, classrooms, laboratories, research facilities, artistic venues, and athletic fields or venues; (8) The campus or premises of any public school, charter school, private school, preschool, summer camp, or child care facility as defined
- 134-9.2 Duty to maintain possession of license while carrying a firearm; duty to disclose; penalty. (a) A person carrying a firearm pursuant to a license issued under section 134-9 or in accordance with title 18 United States Code section 926B or 926C shall have in the person's immediate possession: (1) The license issued under section 134-9 or documentation regarding the person's qualifications under title 18 United States Code section 926B or 926C; (2) Government-issued photo identification; and (3) Except with respect to firearms that are a part of the official equipment of any federal agency as provided under section 134-11(b), documentary evidence that the firearm being carried is registered under this chapter, and shall, upon request from a law enforcement officer, present government-issued photo identification and the license or credentials and evidence of registration. (b) When a person carrying a firearm, including a person carrying a firearm pursuant to a license issued under section 134-9 or in accordance with title 18 United States Code section 926B or 926C, is stopped by a law enforcement officer or is a driver or passenger in a vehicle stopped by a law enforcement officer, the person carrying a firearm shall immediately disclose to the law enforcement officer that the person is carrying a firearm, and shall, upon request: (1) Identify the specific location of the firearm; and (2) Present to the law enforcement officer a license to carry a firearm issued under section 134-9 or documentation regarding the person's qualifications under title 18 United States Code section 926B or 926C. (c) Any person who violates this section shall be guilty of a petty misdemeanor. [L 2023, c 52, pt of §2]
- 134-9.3 Leaving unsecured firearm in vehicle unattended; penalty. (a) No person shall intentionally, knowingly, or recklessly store or otherwise leave a loaded or unloaded firearm out of the person's immediate possession or control inside a vehicle without first securely locking the firearm in a safe storage depository that is out of sight from outside of the vehicle. (b) For purposes of this section, "safe storage depository" means a safe or other secure impact- and tamper-resistant container that, when locked, is incapable of being opened without a key, keypad, combination, or other unlocking mechanism and is capable of preventing an unauthorized person from obtaining access to or possession of the firearm contained therein. A vehicle's trunk or glove box alone, even if locked, is not a safe storage depository. (c) This section shall not apply to a person in an exempt category identified in section 134-11(a). (d) Any person who violates subsection (a) shall be guilty of a petty misdemeanor. [L 2023, c 52, pt of §2]
- 134-9.4 Unlawful conduct while carrying a firearm; penalty. (a) A person carrying a firearm shall not: (1) Consume alcohol or intoxicating liquor; (2) Consume a controlled substance; (3) Be under the influence of alcohol or intoxicating liquor; or (4) Be under the influence of a controlled substance. (b) As used in this section: "Alcohol" and "intoxicating liquor" shall have the same meaning as in section 281-1. "Controlled substance" means a drug, substance, or immediate precursor in schedules I through III of part II of chapter 329. (c) Any person who violates this section shall be guilty of a misdemeanor; provided that any person who violates this section by consuming or being under the influence of alcohol or an intoxicating liquor shall be guilty of a petty misdemeanor. [L 2023, c 52, pt of §2]
- 134-9.5 Carrying or possessing a firearm on private property of another person without authorization; penalty. (a) A person carrying a firearm pursuant to a license issued under section 134-9 shall not intentionally, knowingly, or recklessly enter or remain on private property of another person while carrying a loaded or unloaded firearm, whether the firearm is operable or not, and whether the firearm is concealed or unconcealed, unless the person has been given express authorization to carry a firearm on the property by the owner, lessee, operator, or manager of the property. (b) For purposes of this section, express authorization to carry or possess a firearm on private property shall be signified by: (1) Unambiguous written or verbal authorization; or (2) The posting of clear and conspicuous signage at the entrance of the building or on the premises, by the owner, lessee, operator, or manager of the property, or agent thereof, indicating that carrying or possessing a firearm is authorized. (c) For purposes of this section: "Private entity" means any homeowners' association, community association, planned community association, condominium association, cooperative, or any other nongovernmental entity with covenants, bylaws, or administrative rules, regulations, or provisions governing the use of private property. "Private property" does not include property that is owned or leased by any governmental entity. "Private property of another person" means residential, commercial, industrial, agricultural, institutional, or undeveloped property that is privately owned or leased, unless the person carrying a firearm is an owner, lessee, operator, or manager of the property, including an ownership interest in a common element or limited common element of the property; provided that nothing in this chapter shall be construed to limit the enforceability of a provision in any private rental agreement restricting a tenant's possession or use of firearms, the enforceability of a restrictive covenant re
- 134-9.6 Annual report on licenses to carry. (a) No later than April 1, 2024, and April 1 of each year thereafter, the department of the attorney general shall publish a report on its publicly available website that includes, if available: (1) The number of licenses to carry applied for, issued, revoked, and denied, further categorized by the age, gender, race, and county of residence of each applicant or licensee; (2) The specific reasons for each revocation and denial; (3) Analysis of denials based on applicants' failure to meet the standards of section 134-9(d), and recommendations to remedy any disparities in denial rates by age, gender, or race; (4) The number of appeals and appeals granted; and (5) The number of violations of section 134-9.1. (b) No later than February 1 of each year, the chief of police of each county shall supply the department of the attorney general with the data the department requires to complete the report under subsection (a). [L 2023, c 52, pt of §2]
- 134-9.7 Failure to conceal a firearm by a concealed carry licensee; penalty. (a) A person commits the offense of failure to conceal a firearm by a concealed carry licensee if a person is carrying a firearm pursuant to a license issued under section 134-9(a) and intentionally, knowingly, or recklessly causes alarm to another person by failing to conceal the firearm, even briefly, whether the firearm was loaded or not, and whether operable or not. (b) It shall be a defense to any prosecution under this section if the person: (1) Was within the person's private residence; or (2) Caused the firearm to be unconcealed for the purpose of self-defense in accordance with section 703-304 or defense of another person in accordance with section 703-305. (c) Failure to conceal a firearm by a concealed carry licensee shall be a petty misdemeanor. [L 2023, c 52, pt of §2]
- 134-10 Alteration of identification marks prohibited.
- 134-10.2 Manufacturing, purchasing, or obtaining firearm parts to assemble a firearm having no serial number; penalty.
- 134-10.5 Storage of firearm; responsibility with respect to minors. No person shall store or keep any firearm on any premises under the person's control if the person knows or reasonably should know that a minor is likely to gain access to the firearm without the permission of the parent or guardian of the minor, unless the person: (1) Keeps the firearm in a securely locked box or other container or in a location that a reasonable person would believe to be secure; or (2) Carries the firearm on the person or within such close proximity thereto that the person can readily retrieve and use it as if it were carried on the person. For purposes of this section, "minor" means any person under the age of eighteen years. [L 1992, c 288, §1; am L 2021, c 148, §2] Cross References Criminally negligent storage of firearm, see §707-714.5.
- 134-11 Exemptions.
- 134-12 REPEALED.
- 134-12.5 Forfeiture of firearms, ammunition, deadly or dangerous weapons, and switchblade knives; when. All firearms, ammunition, deadly or dangerous weapons, and switchblade knives possessed, used in violation of this chapter or the Hawaii Penal Code shall be forfeited to the State according to the provisions of chapter 712A and shall be destroyed or, if not destroyed, transferred to the chief of police of the county in which the violation took place for use by and under control of the police department. [L 1991, c 166, §9]
- 134-13 Revocation of permits and licenses.
- 134-14 Report.
- 134-15 Restriction of materials for manufacture of pistols or revolvers.
- 134-16 REPEALED.
- 134-17 Penalties.
- 134-18 Qualified immunity for physicians, psychologists, psychiatrists, physician assistants, or advanced practice registered nurses who provide information on permit or license applicants.
- 134-21 Carrying or use of firearm in the commission of a separate felony; penalty.
- 134-22 Possession of a firearm with intent to facilitate the commission of a felony drug offense; penalty.
- 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.
- 134-28 Explosive devices; prohibitions; penalty.
- 134-29 Reporting lost, stolen, or destroyed firearms; penalties.
- 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.
- 134-34 National emergency, when.
- 134-51 Deadly weapons; prohibitions; penalty.
- 134-52 Switchblade knives; prohibitions; penalty.
- 134-53 Butterfly knives; prohibitions; penalty.
- 134-61 Definitions.
- 134-62 Court jurisdiction.
- 134-63 Commencement of action; forms.
- 134-64 Ex parte gun violence protective order.
- 134-65 One-year gun violence protective order issued after notice and hearing.
- 134-66 Termination and renewal.
- 134-67 Relinquishment of firearms and ammunition.
- 134-68 Return and disposal of firearms or ammunition.
- 134-69 Reporting of order to Hawaii criminal justice data center.
- 134-70 Penalties.
- 134-71 Law enforcement to retain other authority.
- 134-72 Lack of liability for failure to seek order.
- 134-81 Definitions.
- 134-82 Restrictions on use, sale, offer for sale, distribution, and transfer of electric guns and cartridges.
- 134-83 License to sell, offer to sell, distribute, or otherwise transfer electric guns or cartridges; fee.
- 134-84 Sale, offer for sale, distribution, or transfer of electric guns or cartridges.
- 134-85 Disposal of electric gun or cartridge.
- 134-86 Ownership or possession prohibited.
- 134-87 Exemptions.
- 134-88 Storage of electric gun; responsibility with respect to minors.
- 134-89 Carrying or use of electric gun in the commission of a separate misdemeanor.
- 134-90 Carrying or use of electric gun in the commission of a separate felony.
Cross References
Zero tolerance policy for drugs and weapons, see 302A-1134.6.
Case Notes
Defendant could not claim that state firearms regulations infringed upon rights protected by Second Amendment. 82 H. 143, 920 P.2d 357 (1996).
Right to bear arms may be regulated by the State in a reasonable manner. 82 H. 143, 920 P.2d 357 (1996).
Appellate court precluded from remanding convictions for retrial as no lesser included offense of a felon in possession of a firearm or ammunition under this chapter. 82 H. 517 (App.), 923 P.2d 934 (1996).
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