Hawaii Constitutional Carry Laws

5 min readJun 20, 2024

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Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Gun Laws in Hawaii

Overview of Hawaii’s Gun Death Rate and Laws

Hawaii boasted the second-lowest gun death rate in the U.S. in 2021, attributed to stringent gun control laws aimed at reducing firearm-related fatalities.

Evolution of Concealed Carry Laws

In 2022, Hawaii’s concealed carry permit regulations faced challenges following the U.S. Supreme Court’s ruling in New York Rifle & Pistol Association v. Bruen (2022), which struck down “may issue” licensing practices. The Court affirmed a public carry right under the Second Amendment, prompting Hawaii to reassess its permitting criteria.

Permit Requirements and Background Checks

Hawaii mandates permits for firearm purchases, requiring applicants to undergo comprehensive background checks covering local, state, and national databases. Disqualifying factors include felony convictions, violent misdemeanors, and domestic violence charges.

Firearm Registration

Nearly all firearms in Hawaii must be registered with local law enforcement agencies, reinforcing accountability and tracking within the state.

Recent Legislative Changes

In 2023, Hawaii introduced a new licensing framework aligning with the Bruen decision, moving towards a “shall issue” policy contingent on objective criteria and firearms safety training. Legal challenges ensued, particularly concerning location restrictions for carrying firearms in public.

Prohibited Locations for Carrying Firearms

Under Hawaii’s updated law, carrying firearms is restricted in various public and private locations, including:

Government buildings
Medical facilities
Correctional facilities
Alcohol-serving establishments
Educational institutions
Public transit facilities
Recreational areas excluding shooting ranges

Legal Challenges and Pending Appeals

Parts of Hawaii’s new firearm legislation, particularly location restrictions, faced legal opposition. A federal court issued a temporary restraining order pending appeal, reflecting ongoing judicial scrutiny.

Assault Weapons and Ghost Guns Ban

Hawaii implemented bans on assault weapons and ghost guns, enhancing efforts to regulate firearms manufactured or assembled without serial numbers.

This regulatory landscape underscores Hawaii’s proactive stance on firearm safety amidst evolving legal and societal dynamics.

Hawaii Firearm Laws Overview

Relevant Statutes

Hawaii Revised Statutes section 134–1: Definitions
Hawaii Revised Statutes section 134–2: Permits to acquire
Hawaii Revised Statutes section 134–4: Transfer, possession of firearms
Hawaii Revised Statutes section 134–7: Ownership or possession prohibited, penalties
Illegal Arms: Includes automatic firearms, short-barreled rifles and shotguns, certain accessories, and prohibited ammunition types.

Waiting Period

A minimum 14-day waiting period is required to acquire a firearm in Hawaii.

Prohibited Persons

Various categories of individuals are prohibited from owning firearms or ammunition under Hawaii law, including felons, those under certain court orders, and individuals with mental health or addiction issues.

License and Permit Requirements

License Required for Purchase: Yes.
Concealed Carry License Required: Yes, for both concealed and open carry.
Open Carry: Allowed with a license, except for specific activities like hunting or target shooting.

Eligibility for Concealed Carry License

To qualify for a concealed carry license in Hawaii, applicants must meet stringent criteria including residency, age, mental health evaluation, and completion of a firearms safety course.

Machine Gun Laws

Hawaii does not regulate machine guns separately but requires compliance with federal registration requirements.

Penalties for Illegal Possession

Penalties for illegal possession range from misdemeanors to felonies, depending on the circumstances, with potential imprisonment and fines.

Firearm Possession Near Schools

Firearms are generally prohibited on school grounds and violators may face misdemeanor charges.

Red Flag Law

Hawaii allows for the issuance of gun violence protection orders, enabling law enforcement to seize firearms from individuals deemed dangerous.

Universal Background Checks

Yes, all firearm sales in Hawaii require background checks.

Stand Your Ground Law

No stand your ground law exists in Hawaii; however, individuals may use deadly force in self-defense at their home or place of business without a duty to retreat.

This summary outlines Hawaii’s comprehensive approach to firearm regulation and safety, reflecting stringent laws and measures aimed at public safety and responsible gun ownership.