Hawaii Constitutional Carry Laws
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Hawaii boasted the second-lowest gun death rate in the U.S. in 2021, attributed to stringent gun control laws aimed at reducing firearm-related fatalities.
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In 2022, Hawaii’s concealed carry permit regulations faced challenges following the U.S. Supreme Court’s ruling in New York Rifle & Pistol Association v. Bruen (2022), which struck down “may issue” licensing practices. The Court affirmed a public carry right under the Second Amendment, prompting Hawaii to reassess its permitting criteria.
Hawaii mandates permits for firearm purchases, requiring applicants to undergo comprehensive background checks covering local, state, and national databases. Disqualifying factors include felony convictions, violent misdemeanors, and domestic violence charges.
Nearly all firearms in Hawaii must be registered with local law enforcement agencies, reinforcing accountability and tracking within the state.
In 2023, Hawaii introduced a new licensing framework aligning with the Bruen decision, moving towards a “shall issue” policy contingent on objective criteria and firearms safety training. Legal challenges ensued, particularly concerning location restrictions for carrying firearms in public.
Under Hawaii’s updated law, carrying firearms is restricted in various public and private locations, including:
- Government buildings
- Medical facilities
- Correctional facilities
- Alcohol-serving establishments
- Educational institutions
- Public transit facilities
- Recreational areas excluding shooting ranges
Parts of Hawaii’s new firearm legislation, particularly location restrictions, faced legal opposition. A federal court issued a temporary restraining order pending appeal, reflecting ongoing judicial scrutiny.
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Hawaii implemented bans on assault weapons and ghost guns, enhancing efforts to regulate firearms manufactured or assembled without serial numbers.
This regulatory landscape underscores Hawaii’s proactive stance on firearm safety amidst evolving legal and societal dynamics.
- Hawaii Revised Statutes section 134–1: Definitions
- Hawaii Revised Statutes section 134–2: Permits to acquire
- Hawaii Revised Statutes section 134–4: Transfer, possession of firearms
- Hawaii Revised Statutes section 134–7: Ownership or possession prohibited, penalties
Includes automatic firearms, short-barreled rifles and shotguns, certain accessories, and prohibited ammunition types.
A minimum 14-day waiting period is required to acquire a firearm in Hawaii.
Various categories of individuals are prohibited from owning firearms or ammunition under Hawaii law, including felons, those under certain court orders, and individuals with mental health or addiction issues.
- License Required for Purchase: Yes.
- Concealed Carry License Required: Yes, for both concealed and open carry.
- Open Carry: Allowed with a license, except for specific activities like hunting or target shooting.
To qualify for a concealed carry license in Hawaii, applicants must meet stringent criteria including residency, age, mental health evaluation, and completion of a firearms safety course.
Hawaii does not regulate machine guns separately but requires compliance with federal registration requirements.
Penalties for illegal possession range from misdemeanors to felonies, depending on the circumstances, with potential imprisonment and fines.
