State Gun Laws

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)