Gun Laws in Hawaii

Subject/Law	Long guns	Handguns	Relevant Statutes	Notes
State permit required to purchase?	Yes	Yes	§134-2	Must be 21 years old to acquire a permit to purchase.
Firearm registration?	Yes	Yes	HRS 0134-0003	Must be registered with county police chief within 5 days of purchase or arrival to Hawaii. Registration not required for black powder and pre-1899 firearms. May not bring firearm into the state if under 21.[58]
Assault weapon law?	No	Yes		Law bans assault pistols with two or more banned features. Does not apply to rifles or shotguns with a barrel length greater than 16 inches
Magazine capacity restriction?	No	Yes	HRS134-8(c) HRS134-11(3)	Any magazine with a capacity of more than 10 rounds that can be inserted into a pistol is prohibited. Members of organizations are exempt from the pistol magazine limit at places of target shooting.
Owner license required?	No	No		No license required to own any firearms in Hawaii, but all firearms, including those brought into the state by new residents, must be registered.
Permit required for concealed carry?	N/A	Yes	HRS 0134-0009	Permits are granted on a shall issue basis. While Hawaii has a may-issue law and historically approved almost no concealed carry permit applications, its law has been permanently enjoined since the Supreme Court's decision in NYSPRA v. Bruen on June 23, 2022. This ruling held that the Second Amendment protects an individual's right to carry a handgun outside the home, abrogating Hawaii's may-issue concealed carry law. Prior to the ruling, the chief of police in each county could grant a permit "in an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property." On July 7, 2022, the state's attorney general formally acknowledged that the licensing officials could no longer enforce this clause in light of the Bruen decision.[59]
Permit required for open carry?	Yes	Yes		By law, Hawaii is a Licensed Open Carry State, but since licenses are rarely issued, the state is Non-Permissive for open carry in practice. The chief of police may grant a permit "Where the urgency or the need has been sufficiently indicated" provided that the person "is engaged in the protection of life and property." In practice, Hawaii is "No-Issue," as issuing authorities rarely or never approve applications for permits. On July 24, 2018, the Ninth Circuit Court of Appeals ruled that Hawaii's laws restricting open carry are unconstitutional.[60][61] That ruling was vacated on February 8, 2019 and the case was reheard en banc on September 24, 2020. [62] On March 24, 2021, the en banc court ruled that Hawaii's restrictions on the open carrying of firearms are outside the historical scope of the Second Amendment and therefore the laws restricting open carry are constitutional. [63] No laws against open carrying long guns. The Bruen decision has left the no issuance of open carry licenses in a grey area at this point.
State preemption of local restrictions?	Yes	Yes		Municipalities may enact and enforce local regulations only if they are identical to, and provide the same penalty as, state law.
NFA weapons restricted?	Yes	Yes		Machine guns, short barreled rifles, short barreled shotguns, and silencers/suppressors are prohibited from the average citizen. Certain Destructive Devices and AOWs are allowed with proper tax stamp and NFA paperwork from the ATF.
Peaceable journey laws?	No	No	None	Federal laws observed.
Background checks required for private sales?	Yes	Yes	HRS §134-2	A person who wants to purchase a handgun or long gun must obtain a permit to acquire the ownership of a firearm, which requires a background check of the applicant.
Red flag law?	Yes	Yes		Hawaii passed a red flag law in late June 2019.[64][65]
Duty to inform?	Yes	Yes

Gun Laws by State: Hawaii

Understanding Gun Laws in Hawaii

Gun laws vary significantly from state to state. In Hawaii, the laws are quite strict compared to other states. Here's a comprehensive guide to understanding gun laws in Hawaii.

Permits and Registration

Both long guns and handguns require a state permit to purchase. According to §134-2, you must be 21 years old to acquire a permit to purchase. Additionally, all firearms, including those brought into the state by new residents, must be registered with the county police chief within 5 days of purchase or arrival to Hawaii. This registration requirement does not apply to black powder and pre-1899 firearms.

Assault Weapon Laws and Magazine Capacity Restrictions

While there is no law banning assault weapons for long guns, the law does ban assault pistols with two or more banned features. This does not apply to rifles or shotguns with a barrel length greater than 16 inches. For handguns, any magazine with a capacity of more than 10 rounds that can be inserted into a pistol is prohibited. However, members of organizations are exempt from the pistol magazine limit at places of target shooting.

Concealed and Open Carry Permits

Permits are required for concealed carry of handguns. While Hawaii has a may-issue law, the Supreme Court's decision in NYSPRA v. Bruen on June 23, 2022, held that the Second Amendment protects an individual's right to carry a handgun outside the home, abrogating Hawaii's may-issue concealed carry law.

Open carry of both long guns and handguns also requires a permit. By law, Hawaii is a Licensed Open Carry State, but since licenses are rarely issued, the state is Non-Permissive for open carry in practice. The chief of police may grant a permit "Where the urgency or the need has been sufficiently indicated" provided that the person "is engaged in the protection of life and property."

Local Restrictions and NFA Weapons

Hawaii has state preemption of local restrictions, meaning municipalities may enact and enforce local regulations only if they are identical to, and provide the same penalty as, state law. When it comes to NFA weapons, machine guns, short barreled rifles, short barreled shotguns, and silencers/suppressors are prohibited from the average citizen. Certain Destructive Devices and AOWs are allowed with proper tax stamp and NFA paperwork from the ATF.

Private Sales and Red Flag Laws

Background checks are required for private sales of both long guns and handguns. A person who wants to purchase a handgun or long gun must obtain a permit to acquire the ownership of a firearm, which requires a background check of the applicant. Hawaii also has a red flag law, which was passed in late June 2019. This law allows law enforcement or family members to petition a state court to order the temporary removal of firearms from a person who may present a danger to others or themselves.

In conclusion, Hawaii has some of the strictest gun laws in the United States. It's important to understand these laws if you are a resident of Hawaii or plan to bring a firearm into the state. Always remember to follow the laws and regulations to ensure your safety and the safety of others.