{"id":372876,"date":"2016-03-31T21:35:06","date_gmt":"2016-04-01T02:35:06","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/hawaii-law\/hawaii-gun-control-laws.html"},"modified":"2024-10-30T11:42:00","modified_gmt":"2024-10-30T16:42:00","slug":"hawaii-gun-control-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/hawaii-law\/hawaii-gun-control-laws.html","title":{"rendered":"Hawaii Gun Control Laws"},"content":{"rendered":"\n
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Hawaii Gun Control Laws<\/h1>\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Sometimes a paradise can also be a safe haven. Hawaii had the second-lowest gun death rate<\/a> in the U.S. in 2021, according to the Centers for Disease Control and Prevention (CDC). With some of the nation’s toughest gun control laws, Hawaii seeks to strengthen firearm safety regulations to prevent the volume of gun deaths found in other states.<\/p>\r\n

In 2022, Hawaii gun laws included a regulatory scheme that issued concealed carry permits in limited circumstances when a permit applicant could show the chief of police good cause. These types of "may issue" or discretionary license regulations were struck down by the U.S. Supreme Court in New York Rifle & Pistol Association v. Bruen<\/i><\/a> (2022). <\/p>\r\n

In Bruen<\/i>, the Court articulated that the right to bear arms in the Second Amendment provides a public carry right, at least for traditional purposes such as self-defense. The Court held that when the Second Amendment’s plain text covers the conduct in question, then there is a presumption that the conduct is protected. <\/p>\r\n

The burden shifts to the government to show that its regulation is consistent with traditional firearm regulations. The Court suggested firearm prohibitions in sensitive locations such as courthouses and polling places for public safety as likely to meet the test.<\/p>\r\n

Generally speaking, Hawaii residents cannot purchase a firearm (handgun, shotgun, or rifle) without first getting a permit to acquire the gun. People apply for those permits through the Hawaiian Police Department<\/a>. The police department conducts a background check of local, state, and national databases to see if the applicant has been convicted of a felony or a violent crime, including misdemeanor assaults or domestic violence charges. <\/p>\r\n

If an applicant fails a background check due to prohibitions under state or federal law, no purchase permit will be issued. Almost all firearms in Hawaii are also subject to firearm registration with the police.<\/p>\r\n

Hawaii enacted a new regulatory scheme for its licenses to carry concealed or unconcealed firearms, such as pistols and revolvers, in 2023. It sought to become a "shall issue" state based on objective criteria in accordance with the Bruen<\/i> decision. Applicants must complete firearms safety training and not be disqualified from possession of firearms under state or federal law. Gun owners sued to block certain parts of the law, including location restrictions placed on those with a license to carry. <\/p>\r\n

Hawaii’s new law set forth the following prohibited locations for public concealed or open carry:<\/p>\r\n