#Firearms, #Guns, #Safety, #Hawaii, #Laws, #Advice, www.Hawaii.Bio

The Hawaii State Constitution directly copies the 2nd Amendment to the US Constitution. “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” Article I, Section 17.

Militia

The Hawaiian state defines the militia as “every able-bodied citizen residing in the United States who is seventeen years of age or older but under forty-six years of age, and all other able-bodied residents of that age who have declared their intention to become citizens.” of the United States,” and further defines “unorganized militia” as consisting of “those members of the militia who are not members of the National Guard, Naval Militia, or State Defense Forces.” Women are not excluded. Hawaii Revised Statutes (HRS) Section 121-1

REGISTRATION OF ALL FIREARMS IMPORTED INTO HAWAII

HONOLULU POLICE DEPARTMENT

All firearms brought into the state must be registered with the county police within 5 days. Foreigners may import firearms for 90 days only for bona fide hunting or target shooting purposes. 

You do not need a purchase permit to bring your own firearm into the state.

PURCHASE PERMISSION

Purchasing any firearms in the state requires permission from your county police chief. You must be 21 years of age or older and a U.S. citizen or permanent resident alien. You will be fingerprinted and photographed for a criminal background check, and you must certify under oath that you are mentally healthy and have no drug or alcohol addiction or criminal history. You consent to the disclosure of your medical history and provide the name, telephone number and address of your physician (if available). You are not required to have a doctor or provide a medical examination. Your doctor is required to disclose any mental health information related to your purchase of a firearm. Driving under the influence, a history of a serious psychiatric diagnosis, a medical prescription for cannabis, or any treatment for alcohol or drug addiction will result in a permit being denied.

If your permit is denied because you are not authorized to own property, your county police must notify you in writing of the reason for the denial. The police in your county may require you to surrender all your firearms and ammunition to a dealer or other authorized person or surrender them within 30 days.

You must wait 14 days for your approval. Permits not received by the 6th day after the 14 day waiting period will be forfeited. Applicants will be required to reapply and undergo another 14-day waiting period.

Individual firearm purchase permits are required for each transaction and must be used within 10 days of issue. The permit to purchase shotguns and rifles is valid for one year from the date of issue for any number of transactions.

RAP-BACK

The Hawaii Criminal Justice Data Center currently charges a one-time fee for permits or registration to operate the Rap-Back program. It covers an FBI background check, fingerprinting, and submitting your name, Social Security number, height, weight, hair and eye color, and firearm ownership to a permanent federal database that will tell police your districts. if you are arrested on a felony charge or even a misdemeanor charge anywhere in the US. Even if you paid the previous FBI fingerprint background check fee, you must pay the new fee, $42, exact change, cash or credit cards accepted. Several required forms and additional information are available at: http://honolulupd.org/information/index.php?page=gunmain.

Neighbor Island residents, check with your county police department for options.

To obtain permission to purchase a pistol, you must present proof of completion of safety training. Military Pistol Course, Law Enforcement Course, Hawaii Hunter Training Course, or 6-hour course including 2 hours of shooting, training in Hawaii gun laws and safe handling and storage taught by an NRA certified instructor with proper affidavits, everything meets the criteria.

The Honolulu Police Department interprets this section of the law to require a new permit for the return of your own firearms in the possession of HPD (see “TRO”).

You can transfer an inherited firearm to a licensed firearms dealer without going through the purchase permit process. Show the dealer a copy of the previous owner’s death certificate. Proper transfer of firearms should be part of your and your relatives’ estate planning.

REGISTRATION OF PURCHASED WEAPONS IN HAWAII 

Firearms must be registered with the county police within five days of being purchased or imported from out of state. Firearms that fire loose black powder or black powder substitutes, and antique or disabled firearms do not need to be registered (but are otherwise defined as firearms and different laws apply). Owners who purchased rifles and shotguns (long guns) in the state before July 1, 1994 do not need to register them. Spouses who otherwise meet the requirements for a purchase permit may register a firearm jointly.

Any person transferring a long gun must notify the county police chief issuing the purchase permit of the name of the person purchasing the firearm and the make, model, barrel length and serial number within 48 hours of the transfer or the long gun may be seized.

SPACE FOR STORING AND CARRYING WEAPONS 

Concealed and open carry are felonies without permission from your county police chief. While this is permitted by law in special circumstances of threat to self or property, it is the current policy of chiefs to provide it only to law enforcement and those military and security personnel whose duties specifically require it. Private citizens are denied. Hawaii is a “may issue” and “for good cause only” state.

You can store firearms and ammunition in your home, office (with your employer’s permission) or place of residence (where you live or sleep). You can move right between them and the shooting range, gun class, meeting or show, police station, hunt, gunsmith and firearms dealer. Guns must be transported unloaded, in rigid lockable containers or commercial gun containers that completely enclose the firearm (commercially produced gun carriers qualify). Unloaded means there is no ammunition in the chamber, cylinder, or magazine when inserted into the firearm. Vehicles carrying loaded weapons are subject to seizure and forfeiture.

Note that in firearms laws, the word “firearm” is often followed by the words “and ammunition.” Thus, even in the absence of a firearm, ammunition is subject to the same restrictions as firearms regarding transportation and where it is stored and carried.

FIREARM SAFETY

If a minor under the age of 16 can access your firearm without parental permission, except as required by law, at a shooting range or hunting, you may be guilty of an offense punishable by a fine and imprisonment (unless by hacking). -v, etc.).

The owner of a firearm is “absolutely” liable for bodily injury or property damage caused by the discharge of his or her firearm, unless the firearm was stolen and reasonably reported stolen, or unless the discharge of the firearm was legally justified or was property NRO. A firearms instructor conducts a class. A firearm must be locked or otherwise securely secured unless it is on a person or in such close proximity that the person can easily draw it as if it were on the person.

Rifles and shotguns may be loaned for a maximum of 15 days to persons legally entitled to own them. Another authorized person on the range may use any firearm in the presence of the owner. Otherwise, pistols cannot be borrowed.

Minors 16 years of age and older may carry a long gun while hunting, and minors 12–16 years of age may do so if accompanied by an adult. Hunting with a shotgun is permitted under hunting regulations issued by the Department of Land and Natural Resources. The Chief of Police may issue a permit to an alien eighteen years of age or older for up to 60 days after the alien has received a hunting license. To obtain a hunting license, you must complete a hunter education course.

DISABILITY

If you are subject to a temporary restraining order (TRO) issued by someone who told the judge that you have a firearm and they are concerned that you may threaten or use it, you must surrender all your firearms and ammunition to the county police for the duration of this order. You can only find out when the policeman hands you the order. He or she may take any firearm or ammunition in sight, may search it if invited, and must otherwise obtain a search warrant. Individuals subject to a restraining order may transfer their firearms to licensed firearms dealers.

Any police officer who has reasonable grounds to believe that a person has recently assaulted or threatened to assault a family or family member may seize, without a warrant, any firearm or ammunition that has been used or threatened to be used. In some cases (lack of issuance of TRO, legal possession, lack of criminal cases, lack of evidence); Owners of seized firearms may return them within 7 business days.

Convicts, persons dishonorably discharged from military service, convicts, foreigners, and persons convicted of violent offenses, including domestic violence, may not possess firearms or ammunition. Level 4 domestic violence can be as simple as sending unwanted messages to your ex. Only a special pardon from the governor can restore gun rights.

Police in your county transporting people to an emergency room or mental health facility for emergency mental health issues or involuntary hospitalization may advise them to immediately surrender their firearms and ammunition or require them to be confiscated. No court order or lawsuit is required. To get a firearm back, a person must find a doctor willing to certify that he or she is “no longer adversely affected” or file a lawsuit against the state.

FIREARMS PROHIBITED IN THE STATE OF HAWAII 

Fully automatic firearms (machine guns) are illegal in Hawaii (since statehood), except for military and law enforcement purposes.

“Assault pistols”, defined by several characteristics, basically large semi-automatic pistols of a cosmetic, militarized appearance, typically accepting detachable magazines with a capacity of more than 10 rounds, are prohibited except those registered before July 1992 (grandfathered, cannot be transferred). These include semi-automatic versions of the UZI, Tech-9, etc., as well as some large target pistols. A partial list can be obtained from the State Attorney General and County Police.

Hawaii state law prohibits detachable pistol magazines with a capacity of more than 10 rounds unless they are locked to 10 rounds or less and are “difficult to recover.” Possession of illegal magazines is a misdemeanor, one count per magazine, and possession of a pistol with one pistol inserted in it is a Class C felony. There is much debate among gun owners, law enforcement, and dealers regarding the interpretation of this part of the statute when rifle magazines are considered. suitable for pistols, and the ban is generally not respected.

The 1994 federal ban on “assault rifles” has now been repealed and is invalid.

Stun guns, guns, silencers, hand grenades, explosives, bombs, Teflon-coated ammunition, explosive or segmenting ammunition, zinc pistols capable of melting at less than 800 degrees Fahrenheit (the legal definition of a “Saturday Night Special”), shotguns with barrels less than 18 inches, and rifles with barrels less than 16 inches are prohibited in Hawaii.

CRAZY DANGER

Discharging a firearm into or toward a populated area, street, or road constitutes reckless endangerment. This may apply to ranges, careless discharges, and self-defense use.

PROHIBITION ON SEIZURE DURING AN EMERGENCY OR DISASTER

Lawfully possessed firearms cannot be confiscated. Permissions cannot be changed.

USE OF DEADLY FORCE IN HAWAII

The use of deadly force is justified only in self-defense or the defense of another innocent person if there is reason to believe that doing so would otherwise result in death, serious bodily injury, kidnapping, rape, or forcible sodomy. Using deadly force to protect private property may result in criminal prosecution. The use of deadly force is not otherwise justified if it can be safely avoided by retreating or adopting other defensive strategies, except that Hawaii does not require you to retreat from your home. You cannot justify the use of defensive lethal force if you initiated the use or escalated the confrontation. The police are ordered to arrest ANY murder. The prosecutor then decides whether to file charges.

TRANSPORTATION AND SHIPMENT OF FIREARMS AND AMMUNITION IN HAWAII 

Individuals cannot ship firearms to each other across state lines (unless they are federally licensed firearms dealers) except to and from a factory or authorized gunsmith for repairs or to ship inherited firearms . Most licensed dealers will ship and receive items from another dealer for a fee. Express delivery companies often only deliver between dealers. This does not prevent you from having your own firearms, including firearms you have inherited , from being shipped directly to you. Shotguns, rifles, antiques and muzzle loading firearms can be shipped via US Mail. Individuals can ship shotguns and rifles directly to the dealer. Registered mail is recommended. You cannot send ammunition or handguns through the mail. The Post Office may require you to show or certify in writing that the firearm is unloaded and to certify that the recipient is authorized under federal law. The Post Office will not, however, provide you with advice on federal laws regarding the mailing of firearms. Black powder, black powder substitutes, primers, smokeless powder or primers cannot be transported by commercial airline or US mail. Carrying ammunition for yourself to and from Hawaii is legal if you are at least 21 years old, but the associated express shipping costs and red tape often make it prohibitive.

You may travel with your own firearms and ammunition. The Transportation Security Administration (TSA) has guidelines and rules. 

They are changing . Before traveling with a firearm, check the TSA website. http://www.tsa.gov

Check your airline’s website for their baggage policies regarding “dangerous items.”   They are changing .

When you travel with a firearm, it is often wise to take with you a copy of both the most recent TSA guidelines and your airline’s policies. Often, TSA agents and airline ticket/baggage agents do not fully understand their rules and regulations. Help them complete. Come to registration early. Bring your firearm in a hard case that locks securely. Ammunition must be stored in commercially available ammunition containers.

DO NOT UNDER ANY CIRCUMSTANCES ATTEMPT TO BOARD AN AIRLINE WITH FIREARMS OR AMMUNITION, COMPONENTS OR PARTS ON YOUR PERSON OR IN HAND BAGGAGE!

Check your destination’s firearms laws and local ground transportation regulations. 

Federal law states that if you begin your trip in accordance with local laws and end your trip in the same way, then you are in compliance with the rules while traveling if your firearm and ammunition are properly secured (i.e., unloaded and inaccessible), even though that local laws state otherwise. 

If you interrupt your journey (if you leave a protected area), you will be subject to local laws.

[*** ATTENTION! State and federal firearms laws are complex and subject to frequent changes. The above summary should not be construed as legal advice or restatement of the law. Some of them are wrong. To determine the applicability of these laws to specific situations you may encounter, you are urged to consult with a qualified local attorney familiar with firearms law. 

The NRA has a list of firearms lawyers in Hawaii. ] 

PROTECT YOUR GUN RIGHTS. JOIN THE HAWAIIAN PROPELLER ASSOCIATION!

References:

Firearms Statute: https://www.capitol.hawaii.gov/

Firearm Owner Responsibility : https://www.capitol.hawaii.gov/

Use of force in self-defense: https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0703/HRS_0703-0304.htm