See our Disarming Prohibited People policy summary for a comprehensive discussion of this issue.

For information on laws authorizing the disarmament of individuals involved in domestic violence in Hawaii, see the Hawaii Domestic Violence and Firearms section.

For information about Hawaii’s extreme risk law, see Extreme Risk Protection Orders in Hawaii.

Firearm Permit Denials

Any person denied a permit to acquire a firearm may be required by the chief of police to voluntarily surrender all firearms and ammunition to the chief of police or “dispose” of the firearms or ammunition by selling them to a licensed gun dealer.1 If the applicant fails to surrender or dispose of the guns and ammunition within 30 days of the date the person received notice, the chief may seize the guns and ammunition.2

Prohibited People

Furthermore, any person who is disqualified from the ownership, possession, or control of firearms or ammunition because he or she falls into a federal or state prohibited class on the basis of anything other than mental illness or drug/alcohol addiction, must voluntarily surrender all firearms and ammunition to the chief of police where the person resides or “dispose” of the guns and ammunition by selling them to a licensed gun dealer.3 If the person does not voluntarily surrender or dispose of the firearms or ammunition within seven days from the date of disqualification, the chief of police may seize the guns and ammunition.4

For any person disqualified due to drug/alcohol addiction, mental illness, or emergency or involuntary hospitalization to a psychiatric facility, once the chief of police is notified of the disqualification, he or she shall promptly issue a notice to the disqualified person to immediately surrender all firearms and ammunition. The written notice shall state the reasons for the disqualification, and require the person to immediately surrender all firearms and ammunition to the chief of police. If the individual fails to voluntarily surrender all firearms and ammunition upon receiving notice, the chief of police may seize all firearms and ammunition. The firearms and ammunition shall be held in police custody until the person has been medically documented to be no longer adversely affected or until transferred or sold by the owner.5

Individuals convicted for a third or subsequent offense of violating the state requirement to report the loss or theft of a firearm must surrender all firearm registrations, ammunition, and firearms to the police department for the county within which the person resides within seven days of receiving a notice of violation.6 Upon a failure to surrender, local law enforcement is authorized to seize any firearm registrations, firearm ammunition, and firearms registered to and in possession of the person.7

 

Notes
  1. Haw. Rev. Stat. Ann. § 134-7.3(a). ⤴︎
  2. Id. ⤴︎
  3. Haw. Rev. Stat. Ann. § 134-7.3(b). ⤴︎
  4. Id. ⤴︎
  5. Haw. Rev. Stat. Ann. § 134-7.3(c). ⤴︎
  6. Haw. Rev. Stat. Ann. § 134-29(d)(3)(A). ⤴︎
  7. Id. at (e). ⤴︎