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

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

Extreme Risk Protection Orders

In 2019, Hawaii enacted a law that enables certain individuals to petition a court to disarm a person in crisis.6 The law, called a gun violence protective order, also known as an extreme risk protection order (ERPO), allows a law enforcement officer, family or household member, medical professional, educator, or coworker to file a petition demonstrating to a judge that an individual poses a danger to himself, herself, or others. If the court determines that the petitioner has met the standard of proof, it will issue an order that lasts up to one year and prohibits the individuals from purchasing or possessing firearms or ammunition. An individual subject to an ERPO must relinquish any guns or ammunition in his or her possession to law enforcement and will be prohibited from purchasing or possessing firearms or ammunition for the duration of the order.

A temporary ERPO can be obtained without notice to the individual subject to the ERPO. This order can last up to 14 days, before a hearing is held to determine whether a year-long order is appropriate.7

The respondent can submit a request during the period of the order to hold a hearing to terminate the order early.8

Read more about these types of laws on our policy page, Extreme Risk Protection Orders.

 

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. 2019 HI SB 1466. ⤴︎
  7. Id. ⤴︎
  8. Id. ⤴︎