Hawaii Statewide Rule
Hawaii Firearms Law: County Authority and Limited Preemption
Key Facts
- HRS Chapter 134
- HRS Chapter 134 is the master firearms statute in Hawaii.
- Counties administer permits
- Counties administer permits and registration locally.
- No broad statewide
- No broad statewide preemption of all local gun ordinances.
- Permits to acquire
- Permits to acquire are required before purchase.
Summary
Hawaii Revised Statutes Chapter 134 establishes statewide firearms regulations, but unlike many states, Hawaii does not broadly preempt counties from enacting local firearms ordinances on certain matters.
(g) If any ordinance of any county of the State establishing locations where the carrying of firearms is prohibited is inconsistent with this section or with section 134-9.5, the ordinance shall be void to the extent of the inconsistency. [L 2023, c 52, pt of §2]
Full Breakdown
HRS Chapter 134 governs firearms, ammunition, and dangerous weapons throughout Hawaii. The statute requires permits to acquire firearms, registration of all firearms, and contains restrictions on assault pistols and large-capacity magazines. Hawaii is unusual among states because it does not have a sweeping preemption clause forbidding all county firearms regulation. The four counties (Honolulu, Hawaii, Maui, Kauai) administer the permit and registration system through their police departments under HRS 134-2 and 134-3. Counties may adopt rules consistent with state law regarding the application process, locations of permitted use, and local park or facility restrictions. State law still controls the substantive permit standards.
Violations & Penalties
Possessing an unregistered firearm or carrying without a license is a misdemeanor or felony depending on circumstances under HRS 134-17.
Frequently Asked Questions
Does Hawaii preempt all local firearms regulation?
Who issues firearm permits in Hawaii?
Are all firearms registered in Hawaii?
Sources
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