Hawaii State Gun Laws

In these pages, we refer to two types of gun laws:

1. Federal gun laws are laws that apply to all U.S. states and territories.
2. State gun laws are specific to each state or territory. 

The major differences between the two types of laws are:

• who makes the law;
• who prosecutes someone who breaks the law; and
• what the punishment is for breaking the law.

It’s important to know about both types of gun laws so you can understand all of the ways the abuser might break the law. This can help you protect yourself. In this section, we will mostly discuss your state’s gun laws. However, you can read our Federal Gun Laws pages to see if any federal laws also apply to your situation. 

If you believe the abuser broke the law by having a gun, you can report it to the local police. You don’t need to be able to tell the police which law it is, or whether it’s a state or federal law. However, you should know that the local police can only arrest someone for breaking a state law. They cannot arrest someone for breaking a federal law. Only federal law enforcement can do that. The federal law enforcement agency that handles gun issues is the Bureau of Alcohol, Tobacco, and Firearms (“ATF”). If the abuser broke state and federal laws, s/he might be prosecuted in both state and federal courts.

If you believe the abuser broke a federal law, you can also contact the ATF directly to report it. To learn how, go to Who do I notify if I think the abuser should not have a gun?

In Hawai‘i, a crime of violence is any offense under federal or state law that involves:

• injury or threat of injury to another person; 
• the use, attempted use, or threatened use of physical force against a person or property; or
• creating a substantial risk of causing bodily injury.¹

The following state crimes are specifically included in the definition:

• reckless endangering in the second degree;
• terroristic threatening in the second degree;
• sexual assault in the fourth degree;
• endangering the welfare of a minor in the second degree;
• endangering the welfare of an incompetent person;
• harassment (subsection(1)(a));
• harassment by stalking; and
• criminal solicitation or criminal conspiracy for any of the crimes of violence listed above.¹

A crime of violence also includes any similar offenses under federal law, or the law of another state or territory.¹ 

¹ Haw. Rev. Stat. § 134-1

As of August 2025, to legally have or buy a gun in Hawai‘i, a person must get a permit issued by the county’s chief of police. However, this law has recently been challenged in the courts, and may be found unconstitutional.¹ Please check with your county to find out whether or not this law is still in effect.

A person may qualify for a gun permit if s/he meets a few criteria. First, s/he must not fit into any of the categories that make gun possession illegal. Second, s/he must be:

• a U.S. citizen, national, or lawful permanent resident who is at least 21 years old;
• an official representative of a foreign nation; or
• an immigrant (“alien”) who is:
  • currently employed as a law enforcement officer;
  • age 18 or older and s/he has a hunting license; Note: this permit only allows the person to use a rifle and shotgun, and only for up to 60 days; or
  • age 21 or older and s/he is training for a specific organized sport-shooting contest; Note: this permit lasts for a maximum of six months and the contest must take place within those six months.²

However, even if someone meets the requirements listed above, the police don’t have to issue him/her a gun permit. The police can deny someone a permit if they believe that:

1. allowing this person to have a gun is not in the interest of public health, safety, or welfare; and
2. the person “lacks the essential character or temperament necessary to be entrusted with a firearm.”³

The police must consider whether or not the person poses a danger of injuring themselves or someone else. They can use any of the following things to help them decide:

• information from a health care provider showing that the person has had suicidal or homicidal thoughts or tendencies within the past five years;
• statements or actions by the person indicating a dangerous or violent hatred (“animus”) toward one or more individuals or groups. The hatred could be because of any characteristic, including groups based on race, color, national origin, ancestry, sex, gender identity, gender expression, sexual orientation, age, disability, or religion. It must be severe enough that an objective observer would believe it would not be in the interest of the public health, safety, or welfare for the person to have a firearm or ammunition;
• information that the person intends to - or is likely to - use a firearm in an unlawful way; or
• other information that would lead a reasonable, objective observer to conclude that this person having a firearm presents a danger to the community.³

¹ Haw. Rev. Stat. § 134-2(a); see Yukutake v. Lopez, 130 F.4th 1077 (9th Cir. 2025)
² Haw. Rev. Stat. § 134-2(d)
³ Haw. Rev. Stat. § 134-2(e)