English
EspañolIf the abuser's gun is taken away, what will happen to it?
If the judge orders that the abuser’s guns be taken away as part of a domestic abuse protective order or a gun violence protective order, the abuser will have to:
- give up any guns in his/her possession when the order is served; and
- surrender any other guns s/he owns to the law enforcement agency in his/her county.1
Law enforcement will keep the abuser’s guns for the whole time your order is in effect. When the order expires, the abuser may be able to go to the law enforcement agency that took the guns to get them back.2
1 Haw. Rev. Stat. § 134-7(f)
2 Haw. Rev. Stat. §§ 134-7(f), 134-68(a)
Who do I notify if I think the abuser should not have a gun?
If you think the abuser broke a state gun law, you can call the local police, the sheriff’s department, or the state police.
If you think the abuser broke a federal gun law, you can contact the U.S. Bureau of Alcohol, Tobacco, and Firearms (ATF). There are several different ways to do this:
- The ATF has a hotline for reporting illegal gun activity at 1-800-ATF-GUNS (1-800-283-4867).
- The ATF also has both an app and a website to allow people to submit anonymous tips. There is more information on their website.
- There is a list of ATF field offices in Hawai‘i on the ATF website if you would like to speak to someone local.
Many ATF offices have victim advocates, called “victim/witness coordinators.” You can ask to speak with one of these advocates if you are having a hard time reaching an ATF officer.
A domestic violence organization in your area may also be able to answer your questions and help you talk to the right law enforcement officials. You can find contact information for organizations in your area on our Hawai‘i Advocates and Shelters page.
Note: Generally, a person does not need to know the law to be arrested for breaking it. If the abuser has or buys a gun in violation of the law, s/he can be arrested, whether or not s/he knows that s/he broke the law.1
1 United States v. Lippman, 369 F. 3d 1039 (8th Cir. 2004); United States v. Henson, 55 F. Supp. 2d 528 (S.D. W.V. 1999)
What is the penalty for violating state firearm laws?
In Hawai‘i, it’s illegal for a person to have or buy a gun:
- if s/he doesn’t have a gun permit; and
- for all of the reasons listed in I am a victim of domestic violence and the abuser has a gun. Is that legal?
If a person has or buys a gun anyway, s/he is breaking the law and may be charged with a crime.
| If a person cannot have a gun because s/he… | Then s/he can be charged with… |
|---|---|
| is a convicted felon | a class B felony. |
| is not allowed to own a gun under federal gun laws | a class C felony. |
| is a fugitive from justice | a class C felony. |
| has certain criminal convictions or pending charges | a class C felony. |
| fits into any of the other categories listed in I am a victim of domestic violence and the abuser has a gun. Is that legal? that prevent a person from having a gun | a misdemeanor.1 |
If someone is found guilty (convicted) of breaking one of Hawai‘i’s gun laws, the punishment s/he will face depends on the level of the crime s/he was convicted of.
| If a person is convicted of a crime that is a… | Then s/he can be punished by up to… |
|---|---|
| class B felony | ten years in prison, a fine of up to $25,000, or both.2 |
| class C felony | five years in prison, a fine of up to $10,000, or both.3 |
| misdemeanor | one year in jail, a fine of up to $2,000, or both.4 |
Note: If someone is convicted of having or using a firearm while committing a separate felony offense, s/he can be sentenced to additional jail time.5
1 Haw. Rev. Stat. § 134-7(j)
2 Haw. Rev. Stat. §§ 706-640(1)(b); 706-660(1)(a)
3 Haw. Rev. Stat. §§ 706-640(1)(c); 706-660(1)(b)
4 Haw. Rev. Stat. §§ 701-107(3); 706-640(1)(d)
5 Haw. Rev. Stat. § 706-660.1
What will happen if the abuser tries to buy a gun?
Buying a gun from a licensed gun seller
Someone who wants to buy a gun from a licensed gun seller (firearms dealer) must first pass a criminal background check. This background check is done through the National Instant Criminal Background Check System (NICS). A licensed gun seller will use the NICS to check whether the person can legally buy, have, and transport guns.1
If the abuser was convicted of a felony or domestic violence misdemeanor in any state or territory, or if s/he has a qualifying protective order against him/her, those records should be in the NICS. This should prevent the abuser from legally buying a gun. However, not all states automatically put their records in NICS. This makes it more difficult to do a complete criminal background check. Sometimes criminals and abusers might slip through the system.
Buying a gun from a private seller or online
Someone who wants to buy a gun from a private seller or online seller doesn’t have to go through a background check. Private and online gun sellers don’t use the NICS.
Note: Just because someone was able to buy a gun, this doesn’t always mean it is legal for him/her to have one. If you believe that the abuser cannot legally have a gun but has one anyway, you can report it to the police. Hopefully, the police will investigate the situation. You may also want to consider making a safety plan, which might include filing for a restraining order. An advocate at your local domestic violence organization may be able to help you design a personalized safety plan.
