What are the gun laws in Hawaii?
Hawaii is known for its tough gun laws, and rightfully so. With a commitment to public safety and gun safety, the state has put in place several regulations and requirements to ensure that firearms are handled responsibly and safely.
Background Check Requirements
Before purchasing or owning a firearm in Hawaii, it is mandatory to undergo a background check through the Criminal Justice Information Agency (CJIA) and the Federal Bureau of Investigation (FBI). This thorough check includes verification of a person’s identity, eligibility to own a firearm, and a check for prior criminal convictions.
Eligibility Criteria
Individuals who want to possess or purchase a firearm in Hawaii must meet the eligibility criteria set forth by law. These criteria include:
• Being a resident of Hawaii
• Being a U.S. citizen
• Not being addicted to morphine or any other prescription drug
• Not suffering from a physical or mental condition that impairs safe handling of firearms
• Not being an unlawful user of or addicted to marihuana, or to any depressant or stimulant drug
Licensed Firearms Dealers
In order to purchase a firearm, individuals must obtain a certificate of eligibility from a Licensed Firearms Dealer (LFD). LFDs must:
• Conduct background checks and verify eligibility of buyers
• Maintain a record book of all transactions
• Report any unauthorized sales
Firearms Permitted in Hawaii
The State of Hawaii has strict gun laws, which means not all firearms are allowed. Prohibited firearms in Hawaii include:
• High-capacity magazines (capable of holding more than 10 rounds)
• Assault rifles (including fully automatic or semi-automatic weapons)
• Short-barreled rifles or shotguns
• Silencers
Rifles and Shotguns
Rifles and shotguns must meet the following requirements:
• Serial-numbered
• Not imported or manufactured with the sole intent of avoiding federal controls
• Capable of being registered and reported if lost or stolen
Handguns
Handguns are subject to stricter controls:
• Registration required if purchased prior to 1976
• No silencers or extended magazines are allowed
• No semiautomatic pistols of.50 caliber or higher
Penalties and Consequences
Violators of Hawaii’s gun laws face severe penalties, including:
• Fine up to $10,000 for each violation
• Suspension or revocation of driving privileges
• Imprisonment up to three years
Table 1: Key Gun Law Provisions
| Section | Description | Penalty/Fine |
|---|---|---|
| 134-1 to 134-3, HRS | Background Check Requirements | Background check by CJIA/FBI: $0-$10,000 fine, imprisonment for up to three years, or both. |
| 134-4 to 134-6, HRS | Eligibility Criteria | Non-compliant individuals: suspension or revocation of driving privileges; in-cash fine up to $2,000, imprisonment up to one year, or both. |
| 134-16, 134-18, 134-22, and 134-24, HRS | Prohibited Firearms | Seizure and destruction of prohibited firearm; in-cash fine up to $10,000, imprisonment for up to three years, or both. |
| 133-3 and 140-1 to 140-3, HRS | Licensed Firearms Dealers (LFD) | Civil penalties for unauthorized sales. |
Other Important Reminders
Additional important highlights include:
- Locked and unloaded: Firearms are required to be stored with the action (bolt carrier group) removed and separated from the rest of the firearm, rendering it temporarily inoperable.
- Safe Storage: Locks must be installed by a licensed firearm dealer before sale, transfer, or storage.
- Taxes: An annual Hawaii firearms tax must be filed and paid on all civilian-owned firearms in the State.
Conclusion
Gun laws in Hawaii are notoriously strict, aimed at providing a safe environment for both residents and visitors. Ensuring compliance with these laws is crucial, as legal consequences can be severe and even lead to imprisonment.
References:
- Hawaii Revised Statutes: Title 28, Firearms
- State of Hawaii Department of Public Safety – Criminal Justice Information Agency: Firearms
- Hawaii DOJ: Firearms Permits, Licenses & Registration
- National Rifle Association of America: Gun Laws Hawaii
