A felony is a more serious crime than a misdemeanor. In Hawai‘i, a felony is:

• a crime that could be punished by imprisonment for more than one year; or
• any crime that is listed as a felony in Hawai‘i’s criminal laws.¹

However, you can’t always tell if someone was convicted of a felony just by looking at the amount of time s/he actually served in prison. Sentences are often reduced or pled down. If you’re not sure if the abuser was convicted of a felony, you might want to go to the courthouse and search the conviction records.

¹ Haw. Rev. Stat. § 701-107(2)

It can be illegal for an abuser to have or buy a gun under federal law and state law.

Under federal law, it is illegal if:

• you have a protective order that meets certain conditions;
• the abuser was convicted of any felony or a domestic violence misdemeanor;¹ or
• there is another reason why it’s illegal for the abuser to have a gun under federal law.²

Hawai‘i state law makes it illegal for anyone to have or buy a gun if:

• there is a protective order against him/her;
• s/he has been charged with, or convicted of, certain crimes; or
• for several other reasons not related to court orders or criminal convictions.

If any of these situations apply to the abuser, it may be illegal for him/her to have a gun.  

Note: 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.³ Please check with your county to find out whether or not this law is still in effect.

¹ 18 U.S.C. § 922(g)(1), (g)(8), (g)(9)
² 18 U.S.C. § 922(g)(2)-(g)(7)
³ Haw. Rev. Stat. § 134-2(a); see Yukutake v. Lopez, 130 F.4th 1077 (9th Cir. 2025)

Here are some steps you can take to try to increase the chances that a judge will order the removal of guns:

1. Tell the judge if the abuser has ever threatened you with a gun.
2. Tell the judge everything you know about the abuser’s guns. Explain how many guns the abuser has, what types they are, and where they are kept.
3. Ask the judge to write in your protective order that the abuser cannot buy or have a gun while the order is in effect.
4. If the judge agrees that the abuser cannot keep his/her guns while the protective order is in effect, you may also want to ask the judge to:

• require the abuser to give his/her guns to the police, or give the police the power to go to the abuser’s house and get them;
• clearly state how long the guns will be kept away from the abuser; and
• have the police tell you when the guns are returned to the abuser.

Note: There is a federal law that says some abusers cannot have a gun while a protective order is in effect, even if the judge doesn’t write it in the order. You can learn more on our Federal Gun Laws page.

Hawai‘i state law says that a person cannot have or buy a gun if s/he:

1. has been convicted of, or is being prosecuted for:
   • a felony;
   • a criminal offense relating to firearms;
   • any crime of violence; or
   • the illegal sale or distribution of any drug;
2. is under 25 and was found by a family court to have committed:
   • a felony;
   • two or more crimes of violence; or
   • an illegal sale of any drug; or
3. is a fugitive from justice.¹

Note: A person who has been found not guilty of a crime because of a mental disorder also cannot have or buy a gun, unless medical documents say that s/he no longer has the mental disorder.²

Also, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances. Go to Federal Gun Laws to get more information.

¹ Haw. Rev. Stat. § 134-7(a), (b), (d)
² Haw. Rev. Stat. § 134-7(c)

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:

1. The ATF has a hotline for reporting illegal gun activity at 1-800-ATF-GUNS (1-800-283-4867).
2. The ATF also has both an app and a website to allow people to submit anonymous tips. There is more information on their website.
3. 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)

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. 

¹ National Criminal Justice Reference Service website

Even if you don’t have a protective order and the abuser hasn’t been convicted of any crimes, s/he still might not be allowed to have a gun. Hawai‘i state law makes it illegal for anyone to have or buy a gun if s/he:

1. is a fugitive from justice;

2. cannot own a gun under federal gun laws;

3. is or was under treatment for drug or alcohol addiction unless medical documents say s/he no longer has the addiction;

4. was found not guilty of a crime because of a mental disorder unless medical documents say s/he no longer has the mental disorder;

5. was diagnosed with or treated for a medical, behavioral, psychological, emotional, or mental condition or disorder. To qualify, the condition or disorder must cause – or be likely to cause - so much impairment in judgment, perception, or impulse control that it presents an unreasonable risk to public health or the safety or welfare of others. However, this restriction will not apply if medical documents say that s/he no longer has the disorder;

6. was determined by a judge to:

• meet the criteria for involuntary hospitalization; or
• be an “incapacitated person,” as defined by law; or

7. is under 18 and:

• is being treated for addiction to a dangerous drug unless medical documents say that s/he no longer has the addiction;
• is a fugitive from justice;
• was not legally responsible for a crime because of a mental disorder unless medical documents say that s/he no longer has the mental disorder; or
• was committed to an institution because of a mental disorder, disease, or defect unless medical documents that s/he no longer has the mental disorder.¹

Also, as of August 2025, a person must get a permit issued by the county’s chief of police to legally have or buy a gun in Hawai‘i. However, this law has recently been challenged in the courts and may be found unconstitutional.² Please check with your county to find out whether or not this law is still in effect.

Note: A police officer may take a gun away from an abuser for up to seven days if the officer believes that it was recently used to threaten or assault a family or household member. The police department that took the gun will hold the gun for longer than seven days if:

• criminal charges are filed against the abuser;
• the abuser had the gun illegally;
• the gun or ammunition is going to be used as evidence; or
• there is an active protective order against the abuser.³

You can still plan for your safety even if none of these situations apply. See our Safety Planning page for more information. You can also contact your local domestic violence organization for additional help. See our Hawai‘i Advocates and Shelters page to find a domestic violence organization near you.

For more information on gun laws in Hawai‘i, you can go to the Giffords Law Center website.

¹ Haw. Rev. Stat. § 134-7; see also Haw. Rev. Stat. § 560:5-102
² Haw. Rev. Stat. § 134-2(a); see Yukutake v. Lopez, 130 F.4th 1077 (9th Cir. 2025)
³ Haw. Rev. Stat. § 134-7.5(a), (d)