Hawaii Firearms Possession Lawyer

Defending Your Rights in Honolulu

In Hawaii, the Second Amendment and your right to keep and bear arms of any sort is under constant attack. Legislators at all levels, politicians, and all the people in power are doing everything they can to prevent you from possessing, keeping, and bearing arms. 

Those in power either openly want to remove this right, fail to understand what they are doing, or do not care. This leaves you as a citizen in the position of fighting to hold on to a right you are guaranteed under the U.S. Constitution.

Facing firearms charges? Contact the Law Office of Kevin O’Grady, LLC, at (808) 707-7479 for a free consultation about your case.

What Firearms Can You Possess? 

As of the end of 2023, some of the limitations that have been placed on your right to keep and bear arms in our state are listed below.

Generally, you cannot possess the following: 

• Assault pistols
• Automatic firearms
• Rifles with a barrel length under 16 inches
• Shotguns with a barrel length of less than 18 inches
• Cannons
• Mufflers
• Silencers
• Hand grenades
• Dynamite
• Blasting caps
• Bombs
• Bombshells
• Ammunition coated with Teflon or other similar coating, if designed primarily to enhance its capability to penetrate metal or pierce protective armor
• Any projectile designed to explode or segment upon impact
• Detachable magazines with a capacity of greater than ten rounds designed for or capable of use with a pistol
• Bump fire stock
• Multi-burst trigger activator
• Trigger crank
• Homemade explosive devices
• A dirk, dagger, blackjack, slug shot, billy, metal knuckles, switchblade knife, butterfly knife

In all cases of acquiring a firearm, you must get a permit from the county police chief. The exact details are complicated and extensive.  Even if you already own the weapon and come in from out of state or are gifted it, you have to get state permission to acquire or even keep your own weapon. 

As your Honolulu firearms possession lawyer, I will work diligently to protect your right to possess a firearm.

Hawaii’s Firearm Possession Laws

Hawaii’s state law outlining gun permits is Section 134-2 of the Hawaii Revised Statutes. Honolulu’s Police Department provides information and instructions for permit applications, which generally apply to all people across the state. To apply for a firearm permit, you are required to appear in person at the Firearms Unit in your area. 

State’s regulations on firearm possession are intended to reduce gun violence and enhance public safety. Understanding these laws is crucial for anyone who owns or possesses a firearm in Hawaii.

General Firearm Possession

Hawaii law prohibits individuals from possessing firearms unless they meet specific eligibility requirements and follow proper procedures. To legally possess a firearm in Hawaii, you must:

• Be a U.S. Citizen or Legal Resident: Only U.S. citizens and legal residents are allowed to possess firearms in Hawaii.
• Be at Least 21 Years Old: Generally, you must be 21 years old to legally own a firearm. However, there are exceptions for certain types of firearms, such as rifles and shotguns, which may be possessed by individuals aged 18 or older under specific circumstances.
• Pass a Background Check: When purchasing a firearm, you must undergo a background check through the National Instant Criminal Background Check System (NICS) to ensure that you are not prohibited from owning a firearm. Those with felony convictions, domestic violence-related convictions, or a history of mental illness may be prohibited from possessing firearms.
• Obtain a Firearm Registration: Hawaii requires all firearms to be registered with the local police department. This applies to both handguns and long guns. A firearm must be registered within five days of acquisition.
• Obtain a Permit to Carry: Hawaii requires individuals to obtain a permit to carry a firearm in public. Carrying a firearm without a permit is illegal and can result in criminal charges.

Have any question? Please, contact our firearms possession lawyer in Ha now!

Prohibited Firearms Possession

Certain categories of individuals are prohibited from possessing firearms under Hawaii law, including:

• Convicted Felons: Individuals with felony convictions, both in Hawaii and other states, are generally prohibited from possessing firearms.
• Individuals with Domestic Violence Convictions: Hawaii law prohibits anyone convicted of domestic violence offenses from possessing firearms, even if the offense was a misdemeanor.
• Mentally Ill Individuals: People who have been involuntarily committed to a mental health facility or who have been deemed mentally unfit by a court may be prohibited from possessing firearms.
• Drug Users or Addicts: Individuals with a documented history of drug abuse may be prohibited from owning or possessing firearms.
• Underage Individuals: As mentioned earlier, individuals under the age of 21 are typically not permitted to possess firearms, with some exceptions for those under 21 who wish to possess rifles or shotguns.

Carrying Firearms in Public

Hawaii imposes strict rules on carrying firearms in public. Unlike many other states, Hawaii does not have a “right to carry” law, and individuals are generally prohibited from carrying firearms openly or concealed without a permit. To legally carry a firearm in public, you must:

• Obtain a Permit to Carry a Concealed Weapon: Hawaii is a “may-issue” state for concealed carry permits, which means that local law enforcement has discretion over whether to issue a permit. The applicant must demonstrate a “good cause” for carrying a concealed weapon, such as a specific threat to personal safety.
• Restricted Areas for Firearm Possession: Even with a permit, there are certain places where firearms are prohibited, such as schools, government buildings, private property where firearms are not allowed, and public transportation.
• Carrying Firearms While Intoxicated: It is illegal to carry a firearm while under the influence of alcohol or drugs. Hawaii law prohibits the possession or use of a firearm while intoxicated, and violators face criminal penalties.

Why Hire a Hawaii Firearms Possession Lawyer?

A Hawaii firearms possession attorney is essential when facing firearm-related offenses and for defending your constitutional right to possess a firearm. We are able to review the facts of your case, evaluate potential defenses, and ensure that your rights are protected throughout the legal process.

Hiring a firearms lawyer in Honolulu is especially important because firearm laws in Hawaii are complex and can be difficult for individuals to navigate without legal help. If you are facing a firearms possession charge in Hawaii, it is crucial to take swift action. 

Your future depends on the outcome of your case.

For legal help regarding gun ownership, possession, and more, discuss your case with me as a Honolulu lawyer for firearms by contacting my firm at (808) 707-7479.