I am a victim of domestic violence and the abuser has a gun. Is that legal?
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)




