Hawaii Gun Control Laws

By John Mascolo, Esq. | Legally reviewed by FindLaw Staff | Last reviewed October 30, 2024

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Sometimes a paradise can also be a safe haven. Hawaii had the second-lowest gun death rate 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.

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 (2022). 

In Bruen, 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. 

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.

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. 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. 

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.

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 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. 

Hawaii's new law set forth the following prohibited locations for public concealed or open carry:

  • Any building or office owned, leased, or used by the State or a county
  • Any public or private hospital, mental health facility, nursing home, clinic, medical office, or urgent care facility
  • Any juvenile detention or correctional facility, prison, or jail
  • Any bar or restaurant serving alcohol
  • Any stadium, movie theater, concert hall, or sporting event location
  • All public library properties
  • Campuses of public or private colleges and universities
  • Campuses of public or private schools and childcare facilities
  • Beaches, playgrounds, parks, recreation areas, not including target ranges or shooting complexes
  • Any shelters
  • Any voter service center, or other polling place
  • Banks and financial institutions
  • Public transit and facilities
  • Amusement parks, museums, zoos
  • Public gatherings on property open to the public
  • Private property, unless the owner or person in control has given express permission

Many location restrictions also included the parking lots associated with the location. A federal court judge issued a temporary restraining order preventing the implementation of parts of the law, and an appeal is pending with the Ninth Circuit Court of Appeals. The City of Honolulu enacted a similar sensitive places ordinance in 2023, parts of which are also in litigation.

Hawaii has enacted a ban on assault weapons and ghost guns, which are firearms manufactured or assembled without a serial number.

See the table below for a quick summary of Hawaii's gun control laws. For general information on firearms law, see Gun Laws in FindLaw's Accidents and Injuries section to learn more.

Relevant Statutes (Laws)

Illegal Arms
  • Automatic firearms
  • Rifles with a barrel length of less than 16 inches
  • Shotguns with barrels less than 18 inches
  • Mufflers, silencers, or similar devices
  • Hand grenades, other explosives
  • Assault pistols (certain exceptions)
  • Any ammunition coated with Teflon or similar substance or designed to explode/segment upon impact
  • Bump fire stock
  • Multiburst trigger activator
  • Trigger crank
  • Detachable magazines with capacity for more than 10 rounds and designed for a pistol

Waiting Period

There is a minimum 14-day waiting period to get a firearm in Hawaii.

Who May Not Own

The following persons are prohibited from owning a firearm or ammunition:

  • A fugitive from justice
  • Anyone prohibited under 18 U.S.C. 922 or any other federal law
  • Anyone being prosecuted for a felony, a crime of violence, a firearms offense, or an illegal sale or distribution of any drug
  • Anyone convicted of a felony, a crime of violence, a firearms offense, or an illegal sale or distribution of any drug
  • Anyone who is or has been under treatment or counseling for addiction to, abuse of, or dependence upon any dangerous, harmful, or detrimental drug, intoxicating compound, or intoxicating liquor
  • Anyone who was acquitted for a crime on grounds of mental disease, disorder, or defect
  • Anyone who is or has been treated for a medical, behavioral, psychological, emotional, or mental condition or disorder that causes or is likely to cause impairment in judgment, perception, or impulse control to the extent that it presents an unreasonable risk to public health, safety, or welfare if the person were in possession of a firearm
  • Anyone who has been adjudged to meet the criteria for involuntary hospitalization or an incapacitated person.
  • Anyone less than 25 years of age who had been adjudicated by a family court to have committed a felony, a crime of violence, a firearms offense, or any illegal sale or distribution of a drug
  • Anyone who is restrained under a qualified court-issued protection order or gun violence protection order
Also, Minors who:
  • Are under treatment for addiction to dangerous, harmful, or detrimental drug, intoxicating compound, or intoxicating liquor
  • Are fugitives from justice
  • Were determined not to be responsible for a criminal act due to mental disease, disorder, or defect

License Required?

Yes. You need a permit to purchase a firearm.

Concealed Carry License Required?

Yes. You need a license to conceal carry or open carry a firearm in Hawaii.

Open Carried Allowed?

Yes. You need a license to open carry. There are exceptions for hunting with a hunting license and target shooting.

Eligibility for a Concealed Carry License

To be eligible for a license to carry a concealed firearm (pistol or revolver and ammunition), you must:

  • Apply with the Chief of Police
  • Not be prohibited to possess a firearm under state or federal law
  • Reside in the state of Hawaii
  • Be at least 21 years of age
  • Be a citizen, national, or permanent resident of the U.S. or a duly accredited official representative of a foreign nation
  • Not be found lacking the essential character or temperament necessary to be entrusted with a firearm as set out in the code
  • Be the registered owner of the firearms you seek to carry
  • Complete a firearms safety course
  • Sign an affidavit showing you understand the laws and regulations associated with carrying a firearm in Hawaii
  • Sign a waiver permitting the Chief of Police to access any records that have a bearing on your mental health

Machine Gun Laws

Hawaii doesn't have a law regulating machine guns, but federal law requires machine guns to be registered with the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF). Hawaii law prohibits the possession of automatic firearms.

Penalties for Illegal Firearm Possession
  • Any felon who possesses a firearm or ammunition while either being prosecuted for or having been convicted of a felony, a crime of violence, a firearms offense, or an illegal sale or distribution of any drug can face a class B felony charge. This is punishable by up to 10 years in prison, a fine up to $25,000, or both.
  • Anyone who possesses a firearm or ammunition while a fugitive from justice, or while prohibited under 18 USC 922 or other federal law, not being a felon, while either being prosecuted for or having been convicted of a felony, a crime of violence, a firearms offense, or an illegal sale or distribution of any drug can face a class C felony charge. This is punishable by up to five years imprisonment and up to a $10,000 fine.
  • All other firearm violations under Section 134-7 can lead to a misdemeanor charge. This is punishable by up to one year in jail, a fine of up to $2,000, or both.

Penalties for Illegal Possession on or Near School Grounds

Hawaii prohibits the possession of firearms on school and university campuses, with limited exceptions. Violation of the law is a misdemeanor. This is punishable by up to one year in jail, a fine of up to $2,000, or both.

Red Flag Law?

 Yes. Hawaii law provides that a law enforcement officer, family or household member, medical professional, educator, or colleague can petition the family court for a gun violence protection order against a person who poses a significant threat of danger to himself or others. The court can issue an order that permits law enforcement to seize firearms and ammunition as appropriate. (See H.R.S. Sections 61-72.)

Universal Background Checks?

 Yes.

Stand Your Ground Law?

 No. However, a person may use deadly force in self-defense with no duty to retreat when defending their home or place of business.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of the state law(s) you are reviewing.

Hawaii Gun Control Laws: Related Resources

State Gun Control Laws

Product Liability and Guns

Hawaii Law

Official State Codes

Domestic Violence and Guns

Questions About Hawaii's Gun Control Laws? Speak to an Attorney

If you would like to know more about firearm ownership and Hawaii's gun control laws, you can seek legal advice. There are many criminal law attorneys in Hawaii who may be able to help.

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