Hawaii

Hawaii Law

HAWAII DOMESTIC VIOLENCE FIREARM PROHIBITIONS

Hawaii Domestic Violence Firearm Purchase and Possession Prohibitions

Hawaii prohibits ownership, possession, and control of any firearm or ammunition by persons who are under indictment for, have waived indictment for, have been bound over to the circuit court for, or have been convicted in Hawaii or elsewhere of having committed any crime of violence.1

“Crime of violence” is defined as “any offense … that involves injury or threat of injury to the person of another, including sexual assault in the fourth degree*… and harassment by stalking*[.]”2

Hawaii prohibits ownership, possession, and control of any firearm or ammunition by persons who have been restrained pursuant to a court order, including an ex parte order, from contacting, threatening, or physically abusing any person as long as the order is in effect unless it explicitly permits the possession of a firearm and ammunition.3

HAWAII CIVIL DOMESTIC VIOLENCE RESTRAINING ORDER AND PROTECTIVE ORDER FIREARM REMOVAL

Domestic Violence Civil Restraining Orders and Protective Orders that Require Removal

Hawaii requires removal of any firearm or ammunition owned* by persons who have been restrained pursuant to a court order, including an ex parte order, from contacting, threatening, or physically abusing any person.4

Individuals Who May Petition for a Domestic Violence Restraining Order or Protective Order

Any of the following persons may petition for a temporary restraining order or a final protective order:

1. Spouses or reciprocal beneficiaries*;
2. Former spouses or former reciprocal beneficiaries;
3. Persons who have a child in common;
4. Parents;
5. Children;
6. Persons related by blood;
7. Persons jointly residing or formerly residing in the same dwelling unit; and
8. Persons who have or have had a dating relationship*.5

Any person may file a petition on behalf of one of the persons listed above.

Removal Process

Hawaii law provides that persons subject to disqualifying restraining orders or protective orders shall, within 7 days of disqualification, “voluntarily surrender all firearms and ammunition to the Chief of Police where the person resides or dispose* of all firearms and ammunition.”6

At the time of service of such an order, the police officer serving the order may take custody of all firearms and ammunition (a) in plain sight, (b) discovered pursuant to consensual search, and (c) surrendered by the subject of the order.7

Compliance

When a police officer is unable to locate firearms and ammunition either registered to the subject of the order or known to the petitioner, the police officer shall apply to the court for a search warrant to seize the firearm(s) and ammunition.8 Additionally, “[i]f any person fails to voluntarily surrender or dispose of all firearms and ammunition within seven days from the date of disqualification, the chief of police may seize all firearms and ammunition.”9

Return of Firearms to Respondent

Hawaii law requires the Chief of Police of the respective counties to adopt procedures to implement and administer the surrender and seizure requirements for persons disqualified from ownership, possession, and control of firearms and ammunition.10

Penalties for Violation

A person who is subject to a disqualifying restraining or protective order who has a firearm or ammunition in violation of the order shall be guilty of a misdemeanor, punishable by imprisonment of up to one year and a fine of up to $2,000.11