Hawaii Gun Laws
Subject/LawLong gunsHandgunsRelevant StatutesNotes
State permit required to purchase?YesYes§134-2Must be 21 years old to acquire a permit to purchase.
Firearm registration?YesYesHRS 0134-0003Must 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.[52]
Assault weapon law?NoYesLaw 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?NoYesHRS134-8(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?NoNoNo 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/AYesHRS 0134-0009May-Issue by statute, but No-Issue in practice. The chief of police may grant a permit “in an exceptional case, when an applicant shows reason to fear injury to the applicant’s person or property.” In practice, Hawaii is “No-Issue,” as issuing authorities rarely or never approve applications for permits. In March 2014, the 9th Circuit US Court of Appeals ruled Hawaii’s restrictive concealed carry policy unconstitutional. An en banc panel reversed the initial ruling in June 2015, holding that the Constitution guarantees no right to concealed carry in public.
Permit required for open carry?YesYesBy 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.[53][54] That ruling was vacated on February 8, 2019 and the case is scheduled to be heard en banc.[55]No laws against open carrying long guns.
State preemption of local restrictions?YesYesMunicipalities may enact and enforce local regulations only if they are identical to, and provide the same penalty as, state law.
NFA weapons restricted?YesYesMachine 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?NoNoNoneFederal laws observed.
Background checks required for private sales?YesYesHRS §134-2A 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?YesYesHawaii passed a red flag law in late June 2019.[56][57]

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