Simplified Overview of Hawaii Revised Statutes (HRS) Chapter 134: Firearms, Ammunition, and Dangerous Weapons (Updated as of May 5, 2025)
Disclaimer: This summary is for informational purposes only and does not constitute legal advice. Individuals are responsible for understanding and complying with all applicable firearm laws.
§134-1 Definitions
This section provides definitions for terms used throughout Chapter 134, including:
- Assault Rifle: A semiautomatic rifle with specific features such as a folding stock, pistol grip, or the ability to accept a detachable magazine, among others.
- Assault Shotgun: A semiautomatic shotgun with features like a revolving cylinder, pistol grip, or detachable magazine.
- .50 Caliber Firearm: A firearm (excluding shotguns) capable of firing .50 caliber or larger ammunition.
- Antique Firearm: As defined by federal law, typically firearms manufactured before 1899.
§134-2 Permits to Acquire
- Eligibility: Must be at least 21 years old.
- Application Requirements:
- Personal information: name, address, physical description, date and place of birth, citizenship status, and Social Security or alien admission number.
- Fingerprinting and photographing by the police department.
- Mental health clearance from both state facilities and personal physicians.
- Consent for entry into the FBI's Rap Back system.
- For handguns: proof of firearms training (e.g., military training, or a certified pistol course).
- Payment of applicable fees.
- Permit Validity:
- Handguns: A separate permit is required for each handgun.
- Rifles/Shotguns: A single permit is valid for one year and covers multiple acquisitions.
§134-2.5 Permits for Motion Picture or Television Production
- Individuals or entities wishing to use firearms as props must obtain a permit from the county police department.
- Fee: $50 per application.
§134-3 Firearm Registration
- Mandatory Registration: All firearms acquired or brought into Hawaii must be registered within five days with the county police department.
- Exceptions: Antique firearms and certain muzzle-loading firearms are exempt.
- Out-of-State Acquisitions: Firearms obtained outside Hawaii must be registered upon arrival, following the same procedures as in-state acquisitions.
- Notification: Owners must notify the police department when a firearm is permanently removed from the state.
§134-3.5 Disclosure for Firearm Permit and Registration
- Applicants must authorize their healthcare providers to disclose relevant mental health information to law enforcement for the purposes of firearm permitting and registration.
§134-4 Transfer and Possession of Firearms
- Age Restrictions: Individuals under 18 cannot be transferred rifles or shotguns, with certain exceptions for hunting and target shooting.
§134-5 Possession by Hunters and Minors; Target Shooting
- Individuals aged 16 or older may use firearms for hunting or target shooting if they have the appropriate licenses.
- Minors under 16 may use firearms for these purposes when accompanied by a licensed adult.
- Licensed hunters may carry an unconcealed pistol while engaged in hunting activities.
§134-6 Repealed
§134-6.5 Relief from Federal Firearms Mental Health Prohibitor
- Individuals prohibited from firearm ownership due to mental health adjudications may petition the circuit court for relief.
§134-7 Ownership or Possession Prohibited; Penalties
- Prohibited Persons: Includes individuals who are:
- Convicted felons.
- Under indictment for certain crimes.
- Addicted to drugs or alcohol.
- Diagnosed with significant mental disorders (unless cleared).
- Subject to restraining orders.
- Penalties: Violations can result in felony charges and the seizure of firearms.
§134-7.2 Prohibition Against Seizure During Emergencies
- During declared emergencies, government agencies cannot confiscate firearms or ammunition from individuals who are legally in possession, unless other laws are violated.
§134-7.3 Seizure Upon Disqualification
- Individuals who become disqualified from firearm ownership must surrender their firearms. Failure to do so may result in seizure by law enforcement.
§134-7.5 Seizure in Domestic Abuse Situations
- Law enforcement may seize firearms used or threatened to be used in domestic abuse incidents.
- Seized firearms may be returned if no charges are filed and no restraining orders are in place after seven days.
§134-8 Prohibited Weapons and Devices; Penalties
- Prohibited Items:
- Automatic firearms.
- Short-barreled rifles and shotguns.
- Silencers, grenades, bombs, and other explosive devices.
- Armor-piercing and explosive ammunition.
- Detachable magazines with capacities exceeding ten rounds for any firearm.
- Penalties:
- Class C felony for possession, manufacture, or sale of prohibited items.
- Misdemeanor for possession of high-capacity magazines not inserted into a firearm; Class C felony if inserted.
§134-8.5 Bump Stocks and Similar Devices Prohibited
- Devices that enable semiautomatic firearms to fire rapidly, such as bump stocks and trigger cranks, are prohibited.
§134-9 Licenses to Carry
- Eligibility: Individuals may apply for a license to carry a concealed or unconcealed firearm outside their home.
- Issuance: Each county police department is responsible for setting rules and requirements.
§134-10 Alteration of Identification Marks Prohibited
- It is illegal to alter or remove serial numbers or other identification marks on firearms.
§134-10.2 Manufacture or Possession of Unserialized Firearms
- The manufacture, purchase, or possession of firearms without serial numbers (commonly known as "ghost guns") is prohibited.
§134-10.5 Firearm Storage Responsibility
- Firearms must be stored securely to prevent access by minors under 16 years of age.
§134-11 Exemptions
- Certain individuals and entities, such as law enforcement officers and military personnel, are exempt from specific provisions of Chapter 134 when acting within the scope of their duties.
§134-12 Repealed
§134-12.5 Forfeiture of Firearms and Dangerous Weapons
- Firearms and other dangerous weapons used in the commission of crimes may be forfeited and destroyed or used by law enforcement agencies.
§134-13 Revocation of Permits
- Firearm permits may be revoked for good cause by the issuing authority.
§134-14 Monthly Reporting
- County police chiefs must report firearm permit and registration data to the Attorney General monthly.
§134-15 Restrictions on Firearm Materials
- Firearms made from materials with melting points below 800 degrees Fahrenheit, such as certain zinc alloys, are prohibited.
- Exceptions: Firearms registered before July 1, 1975, and antique firearms.
§134-16 Electric Guns
- As of January 1, 2022, the possession and use of electric guns (e.g., stun guns, Tasers) are legal, subject to specific regulations.
§134-17 Penalties
- False Information: Providing false information during the permitting or registration process is a misdemeanor or, in certain cases, a Class C felony.
- Other Violations: Penalties vary depending on the specific section violated.
§134-18 Qualified Immunity for Healthcare Providers
- Physicians, psychologists, and psychiatrists who provide information to law enforcement regarding firearm applicants are granted immunity from civil liability.
§§134-21 to 134-27 Firearm Use and Storage Regulations
- These sections outline legal requirements for the carrying, storage, and transportation of firearms and ammunition, emphasizing secure storage and restrictions on carrying firearms in public places.
§134-28 Explosive Devices Prohibited
- The manufacture, possession, or use of homemade explosive devices is illegal.
§134-29 Reporting Lost, Stolen, or Destroyed Firearms
- Firearm owners must report lost, stolen, or destroyed firearms to the police within 24 hours of discovery.
§§134-31 to 134-33 Firearm Dealer Licensing
- Individuals or businesses engaged in the sale or manufacture of firearms must obtain a license and adhere to specific conditions. Violations may result in penalties.
§134-34 National Emergency Provisions
- In the event of a national emergency declared by the governor or a senior military official, certain provisions related to firearms may be enacted.
For the complete and most current legal text, please refer to the official Hawaii State Legislature website: HRS Chapter 134.