HI: State Firearms Laws

HAWAII
(As of August, 1995)

PLEASE NOTE: In addition to state laws, the purchase, sale
and (in certain circumstances) the possession and interstate
transportation of firearms is regulated by the Gun Control
Act of 1968 as amended by the Firearms Owners' Protection
Act. Also, cities and localities may have their own firearms
ordinances in addition to federal and state laws. Details
may be obtained by contacting local law enforcement
authorities, and by consulting the State Laws and Published
Ordinances_Firearms, available from the U.S. Government
Printing Office, Washington, D.C. 20402. 


QUICK REFERENCE CHART

                         Rifles and
                         Shotguns       Handguns
Permit to Purchase       NO             YES
Registration of Firearms YES            YES
Licensing of Owner       NO             NO
Permit to Carry          NO             YES

STATE CONSTITUTIONAL PROVISIONS

"A well regulated militia being necessary to the security of a
free state, the right of the people to keep and bear arms shall
not be infringed." Article 1, Section 15.

REGISTRATION

     All firearms and ammunition must be registered with the
chief of police of the county of one's place of business, one's
residence, or one's place of sojourn.*' This includes firearms of
any description, whether usable or unusable, serviceable or
unserviceable, modern or antique, or ammunition of any type and
description. Exempt from this registration are all unserviceable
firearms and destructive devices registered with the Director,
Bureau of Alcohol, Tobacco and Firearms.

     Every person arriving in the state is required to register
their firearms within 3 days after arrival of the person or of
the firearm, whichever arrives later.  Exempt from this
registration are (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 & Firearms. There is no registration fee.  No
alien shall be allowed to bring a firearm of any description into
the state.  

     The Department of the Attorney General receives duplicate
copies of all registrations.

* Place of sojurn means a temporary place of lodging.

POSSESSION

     It is unlawful for a person to own, possess or control any
firearm or ammunition if he is a fugitive from justice or has
been convicted of a felony or of the illegal use, possession or
sale of any drug , any person who is less than 25 and has been
adjudicated by the family court to have committed a felony, two
or more crimes of violence, or illegal sale of drugs; addicted to
alcohol, committed to a mental institution or has been diagnosed
as having mental disorders unless the person has been medically
documented to be no longer adversely affected by the addiction,
abuse, dependence or mental illness; or any person under a
restraining order by any court.

     It is unlawful for a minor under 18 to possess a rifle or
shotgun. However, a person 16 or over, and any person under 16
while accompanied by an adult, who has procured a hunting license
may carry and use any lawfully acquired rifle or shotgun, and
suitable ammunition therefore, while engaged in hunting, or while
going to and from the place of hunting, or while engaged in
target shooting at a range.

     No person may possess a firearm owned by another without a
permit. However, any handgun which is registered and lawfully
possessed may be loaned to another, even though he be a minor, at
a target range for a period not longer than to allow the other
person to use it for target shooting.  

     Each chief of police may issue permits to aliens 18 or over
for use of rifles and shotguns for a period not exceeding 60 days
after the alien had first procured a hunting license.

     The chief of police may issue permits to aliens 21 or over
for use of firearms for a period not exceeding 6 months, upon a
showing that the alien is in training for a specified organized
sport-shooting contest to be held within the permit period.

     The manufacture, possession, sale, barter, trade, gift,
transfer, or acquisition of detachable ammunition magazines with
a capacity in excess of ten rounds for pistols is prohibited.

     After July 1, 1992, it is unlawful to bring or cause to be
brought into the State an assault pistol.  No assault pistol may
be sold or transferred on or after July 1, 1992, to anyone within
the State other than to a licensed dealer of the State of Hawaii
or the chief of police of any county except that any person who
obtains title by bequest or intestate succession to an assault
pistol registered within the State shall, within 90 days, render
the weapon permanently inoperable, sell or transfer the weapon to
a licensed dealer or the chief of police of any county, or remove
the weapon from the State.  "Assault Pistol" means a
semiautomatic pistol 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 12 inches or more; or
is a semiautomatic version of an automatic firearm.

PURCHASE  

     No person shall acquire the ownership of a firearm,** either
by purchase, gift, inheritance, bequest, or in any other manner,
whether procured in Hawaii or imported, until he has first
procured from the chief of police of the county of his place of
business, residence, or sojourn a permit to acquire.

     Each chief of police may issue permits within his
jurisdiction to citizens of the U.S. who are at least 21 and to
duly accredited official representatives of foreign nations. No
permit shall be issued to an applicant earlier than 14 calendar
days after the date of application.   Permits to acquire a pistol
or revolver require a separate application and permit for each
transaction.  Permits issued to purchase any rifle or shotgun
entitles the permittee to make subsequent purchases of rifles or
shotguns for a period of one year from the date of issue and does
not require a separate application and permit for each
transaction.  Effective July 1, 1995, no person shall be issued a
permit for the acquisition of a pistol or revolver unless the
person has completed a firearms safety training course.  The
permit shall be void unless used within 10 days after the date of
issue.  

     In all cases where possession of a firearm is acquired from
another person in Hawaii, the permit shall be signed by its
holder and shall be delivered to the person who is transferring
title to the firearm.  

     The transferor is required to provide information on the
permit including the name of the person to whom the firearm,
rifle or shotgun was transferred and a description of the
firearm, including serial number, and then deliver or send the
permit by registered mail to the chief of police within 48 hours.
In case receipt of the firearm is obtained by any method from
sources outside Hawaii, the person to whom the permit has been
issued is required to fill out the permit and deliver or mail the
permit by registered mail to the chief of police within 48 hours
after taking possession of the handgun.  

     Any person acquiring a firearm under the permit is required
to register it within five days of acquisition. There is no
charge for permits.  

     A rifle or shotgun whether usable or unusable, serviceable
or unserviceable, modern or antique, registered or unregistered,
may not be transferred to any alien or any person under 18
However, each chief of police may issue permits to aliens 18 or
over for use of rifles and shotguns for a period not exceeding 60
days after the alien had first procured a hunting license.

** Whether usuable or unusuable, servicable or unservicable,
modern or antique, registered or unregistered.

CARRYING  

     The possession of all firearms and ammunition is restricted
to the possessor's place of business, residence, or sojourn, but
it is lawful to carry firearms and ammunition in an enclosed
container (add footnote), enclosed is a rigidly constructed
receptacle, or a commercially manufactured gun case, or that
completely enclosed the firearm or other suitable container from
the place of purchase to the purchaser's home, place of business,
or place of sojourn, or between these places when moving, or
between these places and a place of repair or a target range.  

     It is unlawful to possess or carry a loaded firearm on any
public highway without a permit to carry.  

Exemptions:  

1.   Law enforcement officers, mail carriers, and members of
military forces.***

2.   Persons employed by the state, its subdivisions, or the U.S.
whose duties require being armed. while they are performing those
duties or going to and from their respective places of duty.  

3.   Regularly enrolled members of any organization duly
authorized to purchase or receive the firearms from the U.S. or
from the state, provided they are at, or going to or from their
places of assembly. or target practice.  

     "In an exceptional case, when the applicant shows reason to
fear injury to his person or property,'' the respective chief of
police may grant a license to carry a concealed firearm on his
person within the county where the license is granted to a U.S.
citizen or duly accredited official representative of a foreign
nation age 21 or older.****

     Where the urgency of the need has been sufficiently
indicated to the respective chief of police, he may grant to an
applicant of good moral character who is a citizen of the U S. of
the age of 21 or older, who is engaged in the protection of life
and property, a license to carry a handgun unconcealed on his
person within the county where the license is granted.

     Licenses to carry are valid for one year. There is a license
fee of $10.00. A license will not be issued to a person who is
prohibited from owning or possessing a firearm, or to a person
adjudged insane or appearing to be mentally deranged, nor will a
license be issued unless it appears that the applicant "is a
suitable person to be so licensed."  

     All permits and licenses may be revoked for good cause by
the issuing authority or by the judge of any court.  

     The Attorney General receives a report of all permits and
licenses issued.

*** The extent of the exemption for military personnel is open to
debate.  It is probably intended to cover servicemen only while
on duty.

****These permits are extremely difficult to obtain.  We have
been advised that the Honolulu Police will not approve a license
for any reason.

MACHINE GUNS  

     The manufacture, possession, sale, barter, trade, gift,
transfer or acquisition of any machine gun is prohibited. Exempt
are law enforcement officers, mail carriers. members of military
forces, and persons employed by the state, its subdivisions, or
the U.S. whose duties require being armed, while they are
performing those duties. or while going to and from their
respective places of duty. These provisions also apply to rifles
with barrel lengths under 16 inches and shotguns with barrel
lengths under 18 inches.  

ANTIQUES AND REPLICAS  

     Firearms "designed to fire loose black powder" are not
required to be registered. All other provisions are applicable to
antiques and replicas.

MISCELLANEOUS  

     It is unlawful to willfully alter, remove, or obliterate the
name of the make, model, serial number, or other mark of
identification of any firearm or ammunition. Possession of such a
firearm creates a legal presumption that the possessor has
committed the unlawful act.  

     It is unlawful for any person, including a business entity,
to possess. sell or deliver any handgun which was not duly
registered prior to July 1, 1975, if the frame or receiver has a
melting temperature of less than 800 degrees F. Exempt are
antique firearm, defined as being manufactured in or before 1898
and any replica if such replica is not designed or redesigned for
using rimfire or conventional centerfire fixed ammunition. or
uses fixed ammunition which is no longer manufactured in the U.S.
and which is not readily available in the ordinary channels of
commercial trade.  

     A license to sell and manufacture firearms may be canceled
or suspended, and all firearms seized or purchased, on or by
order of the governor during any time of a national emergency or
crisis until such time as the national emergency or crisis has
passed, or until such time as the licensee and the government of
the U.S. or the government of Hawaii may agree upon some other
disposition .  

     Any person violating the provisions pertaining to automatic
firearms, assault pistols, sawed off shotguns and rifles shall be
imprisoned for a term of not less than two years nor more than 5
years without probation.

     It is unlawful for any person on any public highway to carry
on the person, possess, or to carry in a vehicle any loaded or
unloaded firearm without a license to carry.

     It is unlawful to store or keep any firearm on any premises
under the person's control if the person knows or reasonably
should know that a person under 16 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 that the person readily
can retrieve and use it as if it were carried on the person.

     It is unlawful for any person, including a business entity
to possess, offer for sale, hold for sale, sell, give, lend or
deliver any electric gun.

     It is unlawful to manufacture, possess, sell, transfer, or
acquire a detachable ammunition magazine with a capacity in
excess of 10 rounds which is designed for or capable of use with
a pistol.


CAUTION: State firearms laws are subject to frequent change.
The above summary is not to be considered as legal advice or
a restatement of law. To determine the applicability of
these laws to specific situations which you may encounter,
you are strongly urged to consult a local attorney.

Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia  22030
1995, NRA Institute for Legislative Action

=+=+=+=+
This information is provided as a service of the National Rifle
Association Institute for Legislative Action, Fairfax, VA.

This and other information on the Second Amendment and the NRA is
available at any of the following URL's: http://WWW.NRA.Org, 
gopher://GOPHER.NRA.Org, wais://WAIS.NRA.Org, ftp://FTP.NRA.Org,
mailto:LISTPROC@NRA.Org (Send the word help as the body of a message)

Information may also be obtained by connecting directly to the 
NRA-ILA GUN-TALK Bulletin Board System at (703) 934-2121.