Title 10, Public Safety And Internal Security

[§134-104] Interpretation of part. (a) Nothing in this part shall be construed to limit or impair in any way the right of a person or entity to pursue a legal action under any other authority. (b) Nothing in this part shall be construed to limit or impair in any way an obligation…

§134-11 Exemptions. (a) Sections 134-7 to 134-9 and 134-21 to 134-27, except section 134-7(f), shall not apply: (b) Sections 134-2 and 134-3 shall not apply to such firearms or ammunition that are a part of the official equipment of any federal agency. (c) Sections 134-8, 134-9, …

[§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…

§134-13 Revocation of permits and licenses. (a) All permits and licenses provided for under this part shall be revoked by the issuing authority, and may be revoked by any court, if the issuing authority or court determines that the permit or license is subject to revocation becau…

§134-14 Report. Within ten days after the last day of each month, each of the authorities authorized in this chapter to issue or revoke permits and licenses shall make a report to the department of the attorney general of all permits and licenses issued or revoked by the authorit…

§134-15 Restriction of materials for manufacture of pistols or revolvers. (a) It shall be unlawful for any person, including a licensed manufacturer, licensed importer, or licensed dealer, to possess, sell, or deliver any pistol or revolver the frame or receiver of which is a die…

§134-17 Penalties. (a) If any person intentionally, knowingly, or recklessly makes any materially false, fictitious, or fraudulent statement or representation in connection with any of the requirements of this part, that person shall be guilty of a misdemeanor; provided that if a…

§134-18 Qualified immunity for physicians, psychologists, psychiatrists, physician assistants, or advanced practice registered nurses who provide information on permit or license applicants. There shall be no civil liability for any physician, psychologist, psychiatrist, physicia…

§134-2 Permits to acquire. (a) No person shall acquire the ownership of a firearm, whether usable or unusable, serviceable or unserviceable, modern or antique, registered under prior law or by a prior owner or unregistered, either by purchase, gift, inheritance, bequest, or in an…

[§134-2.5 Permits for motion picture films or television program production.] (a) Upon a finding that public safety is not endangered, the chief of police of the appropriate county may issue permits, initially valid for a period of one year and renewable annually thereafter, for …

[§134-21] Carrying or use of firearm in the commission of a separate felony; penalty. (a) It shall be unlawful for a person to knowingly carry on the person or have within the person's immediate control or intentionally use or threaten to use a firearm while engaged in the commis…

[§134-21.5] Carrying of a firearm in the commission of a separate misdemeanor; penalty. (a) It shall be unlawful for a person to knowingly carry on the person or have within the person's immediate control a firearm while engaged in the commission of a separate misdemeanor offense…

[§134-22] Possession of a firearm with intent to facilitate the commission of a felony drug offense; penalty. (a) It shall be unlawful for a person to knowingly possess a firearm with the intent to facilitate the commission of a felony offense involving the distribution of a cont…

[§134-23] Place to keep loaded firearms other than pistols and revolvers; penalty. (a) Except as provided in section 134-5, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in a…

[§134-24] Place to keep unloaded firearms other than pistols and revolvers; penalty. (a) Except as provided in section 134-5, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in…

[§134-25] Place to keep pistol or revolver; penalty. (a) Except as provided in sections 134-5 and 134-9, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed containe…

[§134-26] Carrying or possessing a loaded firearm on a public highway; penalty. (a) It shall be unlawful for any person on any public highway to carry on the person, or to have in the person's possession, or to carry in a vehicle any firearm loaded with ammunition; provided that …

[§134-27] Place to keep ammunition; penalty. (a) Except as provided in sections 134-5 and 134-9, all ammunition shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry ammunition in an enclosed container from the pl…

[§134-28] Explosive devices; prohibitions; penalty. (a) It shall be unlawful for any person to knowingly or intentionally possess, construct, set off, ignite, discharge, or otherwise cause to explode any homemade explosive device. (b) Any person violating this section shall be gu…

[§134-29] Reporting lost, stolen, or destroyed firearms; penalties. (a) Every person shall report the loss, theft, or destruction of a firearm that the person owns or possesses within twenty-four hours upon the discovery of such loss, theft, or destruction to: If a person is unab…

§134-3 Registration, mandatory, exceptions. (a) Every resident or other person arriving in the State who brings or by any other manner causes to be brought into the State a firearm of any description, whether usable or unusable, serviceable or unserviceable, modern or antique, sh…

[§134-3.5] Disclosure for firearm permit and registration purposes. A health care provider or public health authority shall disclose health information, including protected health care information, relating to an individual's mental health history, to the appropriate county chief…

PART II. FIREARMS, DEALERS' LICENSES §134-31 License to sell and manufacture firearms; fee. Any person desiring to engage in the business to sell and manufacture firearms for sale in the State either at wholesale or retail, shall annually file an application for a license therefo…

§134-32 License to sell and manufacture firearms; conditions. Every license issued pursuant to this part shall be issued and shall be regarded as having been accepted by the licensee subject to the following conditions:

§134-33 Punishment for violations of section 134-32. Any person who manufactures or sells any firearms within the State without having a valid license so to do, or who being a holder of a license violates any of the terms or conditions of the same, shall be fined not less than $1…

§134-34 National emergency, when. A national emergency or crisis shall be deemed to have arisen when the governor and the senior United States military commander headquartered in the State or, in the absence of the commander, a duly designated representative have, in the exercise…

[§134-35] Notice of responsibility to securely store firearm. (a) A person engaged in the retail sale or transfer of firearms shall, at the time of sale or transfer, provide to the purchaser of a firearm a written copy of section 134-10.5. (b) Any person who violates this section…

§134-4 Transfer, possession of firearms. (a) No transfer of any rifle having a barrel length of sixteen inches or over or any shotgun having a barrel length of eighteen inches or over, whether usable or unusable, serviceable or unserviceable, modern or antique, registered under p…

§134-5 Possession by licensed hunters and minors; target shooting; game hunting. (a) Any person of the age of sixteen years, or over or any person under the age of sixteen years while accompanied by an adult, may carry and use any lawfully acquired rifle or shotgun and suitable a…

[PART III. DANGEROUS WEAPONS] §134-51 Deadly or dangerous weapons; prohibitions; penalty. (a) Any person, not authorized by law, who knowingly carries concealed on the person, or in a bag or other container carried by the person, any dirk, dagger, blackjack, metal knuckles, or ot…

§134-52 Switchblade knives; prohibitions; penalty. (a) Whoever knowingly carries concealed on the person, or in a bag or other container carried by the person, any switchblade knife shall be guilty of a misdemeanor. (b) Whoever knowingly possesses or intentionally uses or threate…

§134-53 Butterfly knives; prohibitions; penalty. (a) Whoever knowingly carries concealed on the person, or in a bag or other container carried by the person, any butterfly knife shall be guilty of a misdemeanor. (b) Whoever knowingly possesses or intentionally uses or threatens t…

[§134-6.5] Relief from federal firearms mental health prohibitor. (a) Any person who is prohibited from shipping, transporting, possessing, or receiving any firearm or ammunition, pursuant to title 18 United States Code section 922(d)(4) or (g)(4), having been adjudicated as a me…

[Part IV.] gun violence protective orders [§134-61] Definitions. For the purposes of this part: "Bodily injury" has the same meaning as in section 707-700. "Business day" has the same meaning as in section 709-906. "Colleague" means a person employed or working at the same place …

[§134-62] Court jurisdiction. A petition for relief under this part may be filed in any family court in the circuit in which the petitioner resides. A petition under this part shall be given docket priority by the court. [L 2019, c 150, pt of §2]

[§134-63] Commencement of action; forms. (a) In order to seek an ex parte gun violence protective order or a one-year gun violence protective order, the petitioner shall file a written petition for relief on forms provided by the court. The court shall designate an employee or ap…

[§134-64] Ex parte gun violence protective order. (a) A petitioner may request that an ex parte gun violence protective order be issued before a hearing for a one-year gun violence protective order, without notice to the respondent. (b) The court shall issue or deny an ex parte g…

[§134-65] One-year gun violence protective order issued after notice and hearing. (a) A petitioner requesting a one-year gun violence protective order shall include in the petition detailed allegations based on personal knowledge that the respondent poses a significant danger of …

[§134-66] Termination and renewal. (a) The respondent named in a one-year gun violence protective order issued under section 134-65 may submit a written request at any time during the effective period of the order for a hearing to terminate the order. Upon receipt of the written …

[§134-67] Relinquishment of firearms and ammunition. (a) Upon issuance of an ex parte gun violence protective order, a one-year gun violence protective order, or a domestic abuse protective order, the court shall order the respondent to voluntarily surrender or dispose of all fir…

[§134-68] Return and disposal of firearms or ammunition. (a) A county police department shall return any surrendered or removed firearm or ammunition requested by a respondent only after confirming, through a criminal history background check, that the respondent is currently eli…

[§134-69] Reporting of order to Hawaii criminal justice data center. (a) The court shall notify the Hawaii criminal justice data center no later than one business day after issuing, serving, renewing, dissolving, or terminating an ex parte gun violence protective order or a one-y…

§134-7 Ownership, possession, or control prohibited, when; penalty. (a) No person who is a fugitive from justice or prohibited from possessing a firearm or ammunition under title 18 United States Code section 922 or any other provision of federal law shall own, possess, or contro…

§134-7.2 Prohibition against seizure of firearms or ammunition during emergency or disaster; suspension of permit or license. (a) Notwithstanding any provision of chapter 127A or any other law to the contrary, no person or government entity shall seize or confiscate, under any em…

§134-7.3 Seizure of firearms upon disqualification. (a) If any applicant is denied a permit, the chiefs of police of the respective counties shall send, by certified mail, a notice setting forth the reasons for the denial and may require that the applicant voluntarily surrender a…

[§134-7.5] Seizure of firearms in domestic abuse situations; requirements; return of. (a) Any police officer who has reasonable grounds to believe that a person has recently assaulted or threatened to assault a family or household member may seize all firearms and ammunition that…