Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.
Hawaii became a shall-issue state following the Supreme Court’s ruling on NYSRPA v Bruen on June 23rd, 2022. Permits are issued by the Chief of Police at the county level.
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To purchase a handgun from a private individual in Hawaii, a permit to purchase, background check, and firearms registration are required. There is a mandatory 14-day waiting period for purchase permits. All firearms and ammunition must be registered with the county’s Chief of Police where the possessor resides, works, or is temporarily staying.
Non-residents can transport firearms into Hawaii if they possess a hunting license, shooting preserve permit, invitation to shoot on private land, or written notification from a firing range. Registration at a police station within 72 hours of arrival is mandatory. Each firearm’s make, model, and serial number must be licensed.
Hawaii permits both open and concealed carry of handguns with a Hawaii license to carry, valid only within the county of issue. Applicants must be at least 21 years old and complete a state-approved firearms training course for concealed carry licenses.
The state and counties of Hawaii have sought rehearing of the Young v. Hawaii court case by the Ninth Circuit due to restrictive handgun permitting policies. Hawaii does not issue non-resident licenses nor recognize CCW licenses from other states.
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Hawaii follows the Castle Doctrine, allowing individuals to use force, including deadly force, to defend themselves inside their home or place of business without a duty to retreat. Outside these locations, retreat is required if it can be done safely.
Force can be used to protect others if the actor believes it’s necessary and the person being protected would also be justified in using protective force. Similar to self-defense, retreat is required if safe and feasible.
Force is justified to prevent unlawful entry or theft of property in the actor’s possession or another’s possession they’re protecting. Deadly force can only be used to prevent serious crimes involving threats of deadly force.
These laws outline the rights and responsibilities of gun owners and individuals using force for protection under Hawaii state statutes.
Does Hawaii have magazine capacity restrictions for handguns? No more than 10 rounds. Handgun magazines may not hold more than 10 rounds of ammunition in Hawaii.
Does Hawaii have ammunition restrictions?
Yes. Armor-piercing and Teflon-coated ammunition are prohibited in Hawaii.
Does Hawaii allow constitutional carry?
No. Hawaii does not recognize constitutional carry.
Is open carry permitted in Hawaii?
Yes, with a Hawaii license to carry, but licenses are rarely issued.
If Hawaii requires a license to carry a concealed firearm, how are those licenses issued?
Hawaii is now a shall-issue state.
What is the minimum age in Hawaii to get a concealed carry license?
You must be 21 to apply for a Hawaii concealed carry license.
Can you concealed carry weapons other than handguns in Hawaii with a concealed carry permit (or under permitless carry if applicable)?
No. Handguns are the only weapons allowed to be carried with a Hawaii concealed carry license.
Is it legal to own a taser or stun gun in Hawaii?
Yes. As of Jan. 1, 2022, Hawaii Revised Statute §134–16 was repealed, and it is legal for private citizens who are at least 21 years old and who meet specific criteria to own a Taser and other electric guns for self-defense, defense of others, or protection of property.
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Is it legal to buy or use chemical spray/pepper spray in Hawaii?
Yes, there is no statute prohibiting the purchase or use of pepper spray in Hawaii. Honolulu ordinances allow its use as reasonable force for self-defense, with restrictions on use by minors and specifications on container propelling and chemical mixtures.
These FAQs provide insights into Hawaii’s regulations concerning firearm ownership, carry permits, and self-defense tools.
Does Hawaii have laws relating to storing firearms in private vehicles in an employee parking lot?
- Not addressed in Hawaii state law, although employers may have a policy.
Can you carry a concealed firearm at roadside rest areas in Hawaii?
- Yes, but not in buildings, with a Hawaii license to carry. See Haw. Rev. Stat. § 134–26.
Can you carry or possess a firearm on hotel property in Hawaii?
- Hawaii statutes don’t specifically address firearms at hotels. Each hotel develops its own policies. Contact the individual hotel to inquire about its concealed carry policy.
Can you carry a concealed firearm in bars and restaurants that serve alcohol in Hawaii?
- No.
Can you carry a concealed handgun in a vehicle in Hawaii?
- Yes, only with a Hawaii license to carry. Hawaii generally prohibits any person from carrying or possessing a loaded firearm on any public highway. See Haw. Rev. Stat. § 134–26.
Can you carry a concealed firearm in state/national parks, state/national forests, and Wildlife Management Areas in Hawaii?
- No. You may not carry a concealed firearm in state/national parks, state/national forests, and Wildlife Management Areas in Hawaii. See Haw. Rev. Stat. § 13–146–19.
Does Hawaii have a red flag law?
Yes, Hawaii has a red flag law. A law enforcement officer, family or household member, medical professional, educator, or colleague may file a petition. If granted, the respondent shall not own, purchase, possess, receive, transfer ownership of, or have in the respondent’s custody or control, or attempt to purchase, receive, or transfer ownership of, any firearm or ammunition while the order is in effect. [Haw. Rev. Stat. § 134–61 thru 134–72]
Does Hawaii have laws regarding carrying a concealed firearm while using alcohol or prescription medication?
Not addressed in state statutes. However, it is unwise to carry while under the influence of any substance that could impair your judgment, slow your reaction times, or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.
Does Hawaii issue concealed carry licenses to non-residents?
No. Hawaii does not issue concealed carry licenses to non-residents.
Does Hawaii allow the public to access concealed carry registry information through public records law?
No. The registry of Hawaii concealed carry license holders is not public information.
Does Hawaii have preemption laws related to concealed carry (i.e., does state law supersede local laws regarding the possession of handguns)?
No, there is no state preemption of firearms laws in Hawaii. Local governments in Hawaii retain authority to regulate firearms and ammunition, and local licensing authorities in Hawaii have discretion in determining whether to issue a license to carry a firearm. [Haw. Rev. Stat. § 46–1.5]
Does Hawaii state law define brandishing?
No definition of brandishing was found in Hawaii law. However, a person commits the offense of disorderly conduct if the person engages in fighting or threatening, or in violent or tumultuous behavior, or creates a hazardous or physically offensive condition by any act which is not performed under any authorized license or permit. [Haw. Rev. Stat. Ann. § 711–1101]
Are “No Weapons Allowed” signs enforced in Hawaii?
Yes. It is considered criminal trespass in the second degree. The statute includes detailed descriptions of what constitutes trespass on a variety of premises. [Haw. Rev. Stat. § 708–814]
Do you have a duty to notify a police officer that you’re carrying a concealed firearm in Hawaii?
Yes. You have a duty to inform a law enforcement officer that you’re carrying a concealed firearm in Hawaii.
Is my Hawaii driver’s license linked to my Hawaii carry license?
No. Your Hawaii driver’s license is not linked to your Hawaii carry license. Therefore, a law enforcement officer will not be notified that you are a concealed carry license holder immediately when they run your driver’s license. However, LEOs may have access to other databases where they can obtain this information.
Q: Is a permit required to purchase a handgun in Hawaii?
A: Yes, a permit is required to purchase a handgun in Hawaii.
Q: Does my current Hawaii concealed carry license exempt me from needing a background check when I purchase a firearm?
A: Yes.
Q: Is there a waiting period after purchasing a handgun in Hawaii?
A: There is a minimum 14-day wait when applying for a purchase permit, except for sales to state or federally licensed dealers, law enforcement officers, persons with a license to carry a handgun, or where a firearm is registered pursuant to state law.
Q: Do handguns need to be registered in Hawaii?
A: Yes, Hawaii requires all handguns to be registered.
Q: Are background checks required for private gun sales in Hawaii?
A: Yes, private gun sales in Hawaii require a purchase permit, which includes a background check. There are no exceptions for gifts, inheritances, bequests, or any other manner. When title to any firearm is acquired by inheritance or bequest, a purchase permit must be obtained before taking possession of the firearm.
Q: What is the minimum age to possess and transport a handgun in Hawaii?
A: The minimum age to obtain a permit to acquire a firearm is 21 years old. A permit is not required when a lawfully acquired firearm is lent to a person, including a minor, at a target range for purposes of target shooting. A person may carry and use a lawfully acquired pistol or revolver while engaged in hunting game mammals if the firearm is suitable for hunting and the person is licensed accordingly. The pistol or revolver may be transported in an enclosed container during transit to and from the hunting location.
Q: Can a minor possess a firearm while attending school?
A: Any child found in possession of a firearm while attending school will be excluded from attending school for at least one year.
Q: Can I possess/carry a handgun in my home without a license?
A: No, you must first procure a permit to acquire ownership of a firearm, regardless of whether it is acquired by purchase, gift, inheritance, bequest, or any other manner.
To purchase a handgun in Hawaii, you need to complete a Permit to Acquire Firearms Application. Each firearm requires an individual permit to acquire. You may be required to purchase the firearm before obtaining your permit, but you cannot pick up your firearm immediately.
Permit Application Requirements:
- Applicant’s name, address, gender, height, weight, date of birth, place of birth, country of citizenship, social security number, alien or admission number.
- Information regarding the applicant’s mental health history.
- Any aliases or other names previously used by the applicant.
- Information relevant to determining if the applicant is disqualified from firearm ownership.
- Information relevant to determining if the applicant has the character or temperament necessary to be entrusted with a firearm.
Other Requirements:
- Fingerprinting and photographing of the applicant by the police department of the county of registration.
- Signing a waiver allowing the police chief access to all records related to the mental health of the applicant.
- Identifying any health care providers who possess records relevant to the applicant’s mental health.
Issuance of Permits:
- Permits are issued to citizens, nationals, or lawful permanent residents of the United States aged 21 or older.
- Accredited representatives of foreign nations.
- Duly commissioned law enforcement officers of the state who are aliens.
- Aliens aged 18 or older for use of rifles and shotguns for a period not exceeding 60 days with a hunting license.
- Aliens aged 21 or older for use of firearms for a period not exceeding six months for training in an organized sport-shooting contest.
Waiting Period: There is a 40-day waiting period to pick up your Permit to Acquire. The permit is valid for 10 days from the date of issue. If the permit expires, you must reapply.
Alabama (permitless carry, at least 19 years old)
Arkansas (permitless carry, at least 18 years old)
Idaho (permitless carry, at least 18 years old)
Indiana (permitless carry, at least 18 years old)
Montana (permitless carry, at least 18 years old)
New Hampshire (permitless carry, at least 18 years old)
North Carolina
North Dakota (permitless carry, at least 18 years old)
South Dakota (permitless carry, at least 18 years old)
Vermont (permitless carry, at least 18 years old)
Virginia
Alaska (permitless carry, at least 21 years old)
Arizona (permitless carry, at least 21 years old)
Florida (permitless carry, at least 21 years old)
Georgia (Permitless carry, at least 21 years old)
Iowa (permitless carry, at least 21 years old)
Kansas (permitless carry, at least 21 years old)
Kentucky (permitless carry, at least 21 years old)
Maine (permitless carry, at least 21 years old)
Michigan (at least 21 years old and resident permits only)
Mississippi (permitless carry, at least 21 years old)
Missouri (permitless carry, at least 19 years old, 18 for military)
Nebraska (Permitless carry, at least 21 years old)
Ohio (permitless carry, at least 21 years old)
Oklahoma (permitless carry, at least 21 years old)
South Carolina (permitless carry, at least 18 years old)
Tennessee (permitless carry, at least 18 years old)
Texas (permitless carry, at least 21 years old)
Utah (permitless carry, at least 21 years old)
West Virginia (permitless carry, at least 21 years old)
Wyoming (permitless carry, at least 21 years old)
Alabama (permitless carry, at least 19 years old)
Alaska (permitless carry, at least 21 years old)
Arizona (permitless carry, at least 21 years old)
Arkansas (permitless carry, at least 18 years old)
Florida (permitless carry, at least 21 years old)
Georgia (Permitless carry, at least 21 years old)
Idaho (permitless carry, at least 18 years old)
Indiana (permitless carry, at least 18 years old)
Iowa (permitless carry, at least 21 years old)
Kansas (permitless carry, at least 21 years old)
Kentucky (permitless carry, at least 21 years old)
Maine (permitless carry, at least 21 years old)
Mississippi (permitless carry, at least 21 years old)
Missouri (permitless carry, at least 19 years old, 18 for military)
Montana (permitless carry, at least 18 years old)
Nebraska (Permitless carry, at least 21 years old)
New Hampshire (permitless carry, at least 18 years old)
North Dakota (permitless carry, at least 18 years old)
Ohio (permitless carry, at least 21 years old)
Oklahoma (permitless carry, at least 21 years old)
South Carolina (permitless carry, at least 18 years old)
South Dakota (permitless carry, at least 18 years old)
Tennessee (permitless carry, at least 18 years old)
Texas (permitless carry, at least 21 years old)
Utah (permitless carry, at least 21 years old)
Vermont (permitless carry, at least 18 years old)
West Virginia (permitless carry, at least 21 years old)
Wyoming (permitless carry, at least 21 years old)
Contact your county chief of police.
Moving to Hawaii and interested in applying for a resident license? Hawaii issues licenses to residents only and is now a shall-issue state. The county chief of police grants licenses. You can apply for your license with the chief of police once you have established your residence in that county.
Moving from Hawaii and have a Hawaii resident license? If a person with a Hawaii license to concealed carry establishes residency in another state, the license expires upon the establishment of residence in the other state.
An applicant must:
- Be at least 21 years old
- Be a lawful resident of Hawaii or a lawful permanent resident alien residing in the State of Hawaii (per the August 10, 2020 stipulation and order by the United States District Court for the District of Hawaii in the Alanoa Nickel lawsuit)
- Be able to possess a firearm under Hawaii law
- Not have been judged to be insane or incapacitated under Hawaii law
- Be qualified to use a firearm
- Meet federal law requirements
Consult with an attorney if you have any questions about your eligibility. If you don’t have an attorney, you can find one by contacting the State Bar of Hawaii.
$10 for initial and renewal licenses; $42.00 for fingerprinting
1 year
No time specified by statute.
There is no online application.
Hawaii doesn’t issue licenses to non-residents.
Contact your county chief of police.
Although we have not conducted an exhaustive search, we found no statute in Hawaii addressing masks.
No.
No.
As of May 13, 2024, butterfly knives and switchblades are now legal in Hawaii and can be carried in public as long as it is done so openly. Any other type of knife is legal. It is illegal to concealed carry, go armed with, or carry the following weapons in a vehicle: any dirk, dagger, blackjack, slungshot, billy, metal knuckles, pistol, or other deadly or dangerous weapon. Ordinary pocket knives and diver’s knives are not considered dangerous weapons unless they are used in a way that makes them a dangerous weapon.
Yes. No person shall intentionally prevent or attempt to prevent the lawful taking of game by a person. No person shall enter or remain upon public lands or waters, or upon private lands or waters, without permission of the owner or the owner’s agent, with intent to violate this section.
