Hawaii Concealed Carry Firearm Laws

Hawaii: Gun Laws Summary

If you are a gun owner in Hawaii or are planning on becoming one, it is important to be aware of the state’s gun laws to ensure your safety and avoid legal trouble. Hawaii is now a shall-issue state since the Supreme Court’s ruling on the NYSRPA v Bruen on June 23rd, 2022. This means that permits are issued by the Chief of Police at the county level.

Permits and Registration

A permit to purchase, a background check, and firearms registration are required to buy a handgun from a private individual. There is a minimum 14-day wait when applying for a purchase permit. All firearms and ammunition must be registered with the chief of police of the county of one’s place of business, one’s residence, or one’s place of sojourn (temporary place of lodging). Non-residents may transport a firearm to the state provided they possess a hunting license, shooting preserve permit or invitation to shoot on private land, or written notification from a firing range indicating the person will engage in target shooting. Any firearms must be registered at a police station within 72 hours of arrival. Current law requires fingerprinting and having a photograph taken. A license is provided for each firearm/make/model/serial number.

Open and Concealed Carry

Hawaii permits open carry and concealed carry of handguns on the person with a Hawaii license to carry, which is only valid in the county of issue. The minimum age is 21 years old. Carrying a loaded firearm without a license to carry, whether openly or concealed, including in a vehicle, is a class B felony. Concealed carry licenses require a firearms training course that has been state-approved. The state and county of Hawaii have sought rehearing of the Young v. Hawaii court case by the Ninth Circuit due to Hawaii’s restrictive handgun permitting policies. In terms of reciprocity, Hawaii does not issue non-resident licenses nor does it honor CCW licenses from any other state.

Use of Force in Self-Protection

A person acting in self-defense may estimate the amount of force necessary under the circumstances as he or she believes them to be when the force is used without retreating, surrendering possession, doing any other act which one has no legal duty to do or abstaining from any lawful action. The use of deadly force is not justifiable under this section if the actor knows that he or she can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that one abstain from any action which he or she has no duty to take, except that the actor is not obliged to retreat from his dwelling or place of work, unless he or she was the initial aggressor or is assailed in the place of work by another person whose place of work the actor knows it to be.

Self-Defense

Hawaii is a Castle Doctrine state. There is no duty to retreat inside one’s home or place of business. Outside of those locations, there is a duty to retreat if it can be done in “complete safety.”

Use of Force for the Protection of Other Persons

The use of force upon or toward the person of another is justifiable to protect a third person when the actor believes the person whom the actor seeks to protect would be justified in using such protective force and the actor believes that the actor’s intervention is necessary for the protection of the other person. The same requirements to retreat, to surrender the possession of a thing, or to comply with a demand apply to protection of another as in self-defense.

Use of Force for the Protection of Property

The use of force is justifiable when the actor believes that such force is immediately necessary to prevent unlawful entry, trespass or burglary in a building or upon real property in the actor’s possession or in the possession of another person for whose protection the actor acts and to prevent theft, criminal mischief, or any taking of tangible, movable property in the actor’s possession or in the possession of another person for whose protection the actor acts. The actor may use such force as the actor believes is necessary to protect the threatened property, provided that the actor first requests the person against whom force is used to desist from the person’s interference with the property, unless the actor believes that such a request would be useless, it would be dangerous to the actor or another person to make the request, or substantial harm would be done to the physical condition of the property which is sought to be protected before the request could effectively be made. The use of deadly force for the protection of property is justifiable only if the person against whom the force is used is attempting to dispossess the actor of the actor’s dwelling otherwise than under a claim of right to its possession or commit felonious property damage, burglary, robbery or felonious theft and either has employed or threatened deadly force against or in the presence of the actor or the use of force other than deadly force to prevent the commission of the crime would expose the actor or another person in the actor’s presence to substantial danger of serious bodily injury. [Haw. Rev. Stat, §703-304, 703-305, and 703-306]

Hawaii: Gun Laws at a Glance


Magazine Capacity Restrictions	No more than 10 rounds. Handgun magazines may not hold more than 10 rounds of ammunition in Hawaii. [Haw. Rev. Stat. §134-8(c)]
Ammunition Restrictions	Armor-piercing and Teflon-coated ammunition are prohibited in Hawaii. [Haw. Rev. Stat. Ann. § 134-8(a)]
Constitutional Carry	No. Hawaii does not recognize constitutional carry.
Open Carry	Yes, with a Hawaii license to carry, but licenses are rarely issued.
Concealed Carry License Issuance	Hawaii is now a shall-issue state.
Minimum Age for Concealed Carry License	You must be 21 to apply for a Hawaii concealed carry license.
Concealed Carry of Weapons Other Than Handguns	No. Handguns are the only weapons allowed to be carried with a Hawaii concealed carry license.
Taser or Stun Gun Ownership	Yes. As of Jan. 1, 2022, Hawaii Revised Statute §134-16, was repealed and it is legal for private citizens who are at least 21 years old and who meet specific criteria to own a Taser and other electric gun. It is unlawful for any person to knowingly or recklessly use an electric gun for any purpose except: self-defense, defense of another person, or protection of property of the person or of another person. [Haw. Rev. Stat, §134-82]
Chemical Spray/Pepper Spray	Yes, there is no statute prohibiting the purchase or use of pepper spray in Hawaii. The city/county of Honolulu ordinances state that a person may use a self-defense spray only as reasonable force to defend themselves, another person or their property. It must be propelled from an aerosol container and there are restrictions on the chemical mixtures, labeling and dating. Minors are not allowed to purchase or possess pepper spray. [Ordinances of Honolulu Sec. 41-37.1 and 41-37.3]

Hawaii: Carry Locations


Storing Firearms in Private Vehicles in Employee Parking Lots	Not addressed in Hawaii state law, although employers may have a policy.
Carrying a Concealed Firearm at Roadside Rest Areas	Yes, but not in buildings, with a Hawaii license to carry. [Haw. Rev. Stat. § 134-26]
Carrying a Concealed Firearm in Bars and Restaurants that Serve Alcohol	There is no statute making it illegal to concealed carry with a Hawaii license to carry, unless posted.
Carrying or Possessing a Firearm on Hotel Property	Hawaii statutes don’t specifically address firearms at hotels. Please note that each hotel develops their own policies and the individual hotel should be contacted to inquire about it’s concealed carry policy. See the Handguns at Hotels page for additional information.
Carrying a Concealed Handgun in a Vehicle	Yes, only with a Hawaii license to carry. Hawaii generally prohibits any person from carrying or possessing a loaded firearm on any public highway. [Haw. Rev. Stat. § 134-26]
Carrying a Concealed Firearm in State/National Parks, State/National Forests and Wildlife Management Areas	No. You may not carry a concealed firearm in state/national parks, state/national forests and Wildlife Management Areas in Hawaii. See the National Parks webpage for links to each Park in Hawaii. [Haw. Rev. Stat. § 13-146-19]

Hawaii: Key State Laws


Red Flag Law	Yes, Hawaii has a red flag law. A law enforcement officer, family or household member, medical professional, educator, or colleague, may file a petition. If granted, the respondent shall not own, purchase, possess, receive, transfer ownership of, or have in the respondent’s custody or control, or attempt to purchase, receive, or transfer ownership of, any firearm or ammunition while the order is in effect. [Haw. Rev. Stat. § 134-61 thru 134-72]
Carrying while under the influence	Not addressed in state statutes. As a responsibly armed American, regardless of the laws in your state, it is unwise to carry while under the influence of any substance that could impair your judgement, slow your reaction times, or impact your decision-making abilities. Any decision you make while carrying a firearm could have life-altering consequences.
Non-Resident Concealed Carry Licenses	No. Hawaii does not issue concealed carry licenses to non-residents.
Public Access to Concealed Carry Registry	No. The registry of Hawaii concealed carry license holders is not public information.
Preemption Laws for Concealed Carry	No, there is no state preemption of firearms laws in Hawaii. Local governments in Hawaii retain authority to regulate firearms and ammunition, and local licensing authorities in Hawaii have discretion in determining whether to issue a license to carry a firearm. [Haw. Rev. Stat. § 46-1.5]
Definition of Brandishing	No definition of brandishing was found in Hawaii law. A person commits the offense of disorderly conduct if the person engages in fighting or threatening, or in violent or tumultuous behavior, or creates a hazardous or physically offensive condition by any act which is not performed under any authorized license or permit. [Haw. Rev. Stat. Ann. § 711-1101]
Violation of “No Guns” Signs	Yes. It is considered criminal trespass in the second degree. The statute includes detailed descriptions of what constitutes trespass on a variety of premises. [Haw. Rev. Stat. § 708-814]
Duty to Inform Law Enforcement	Yes. You have a duty to inform a law enforcement officer that you’re carrying a concealed firearm in Hawaii.
Link Between Driver’s License and Carry License	No. Your Hawaii driver’s license is not linked to your Hawaii carry license. Therefore, a law enforcement officer (LEO) will not be notified that you are a concealed carry license holder immediately when they run your driver’s license. LEOs may have access to other databases where they can obtain this information.

Hawaii: Handgun Purchase and Possession


Is a permit required to purchase a handgun in Hawaii?	Yes. A permit is required to purchase a handgun in Hawaii. [Haw. Rev. Stat. § 134-2]
Does my current Hawaii concealed carry license exempt me from needing a background check when I purchase a firearm?	Yes. [Haw. Rev. Stat. § 134-2]
Is there a waiting period after purchasing a handgun in Hawaii?	There is a minimum 14-day wait when applying for a purchase permit except for sales to state or federally licensed dealers, law enforcement officers, persons with a license to carry a handgun or where a firearm is registered pursuant to state law. [Haw. Rev. Stat. § 134-2]
Do handguns need to be registered in Hawaii?	Yes. Hawaii requires all handguns to be registered. [Haw. Rev. Stat. § 134-3]
Are background checks required for private gun sales in Hawaii?	Yes. Private gun sales in Hawaii require a purchase permit, which includes a background check. There are no exceptions for gifts, inheritances, bequests or in any other manner, whether procured in the state or imported by mail, express, freight or otherwise. When title to any firearm is acquired by inheritance or bequest, the purchase permit must be obtained before taking possession of a firearm, provided that upon presentation of a copy of the death certificate of the owner making the bequest, any heir or legatee may transfer the inherited or bequeathed firearm directly to a dealer licensed under section 134-31 or licensed by the United States Department of Justice without complying with the requirements of this section. [Haw. Rev. Stat. § 134-2]
What is the minimum age to possess and transport a handgun in Hawaii?	The minimum age to obtain a permit to acquire a firearm is 21 years old. According to Hawaii laws, a permit is not required when any lawfully acquired firearm is lent to a person, including a minor, on a target range or similar facility for purposes of target shooting; provided that the period of the loan does not exceed the time in which the person actually engages in target shooting upon the premises. A person may carry unconcealed and use a lawfully acquired pistol or revolver while actually engaged in hunting game mammals, if that pistol or revolver and its suitable ammunition are acceptable for hunting by rules adopted pursuant to section 183D-3 and if that person is licensed pursuant to part II of chapter 183D. The pistol or revolver may be transported in an enclosed container, as defined in section 134-25 in the course of going to and from the place of the hunt, notwithstanding section 134-26. Any child who, while attending school, is found to be in possession of a firearm, will be excluded from attending school for not less than one year. [Haw. Rev. Stat. § 134-5(a)][Haw. Rev. Stat. § 302A-1134(b)]
Can I possess/carry a handgun in my home without a license?	No. No person shall acquire the ownership of a firearm, whether by purchase, gift, inheritance, bequest, or in any other manner, until the person has first procured a permit to acquire the ownership of a firearm. [Haw. Rev. Stat. § 134-2]
Handgun Purchase Process	To purchase a handgun in Hawaii, whether through a Federal Firearms Licensee (FFL) or a private transaction, you will need to complete a Permit to Acquire Firearms Application. Each firearm requires an individual permit to acquire. You may be required to purchase the firearm before obtaining your permit, but you cannot pick up your firearm immediately. You must take the following items to the county sheriff’s office to apply for your permit: Your firearm receipt, including the make, model and serial number, your completed Permit to Acquire Firearms Application, a valid driver’s license or state ID, proof of U.S. citizenship or permanent resident status, a Firearm Safety Training Course affidavit signed by an NRA-certified instructor or a Hunter’s Education Card, and any necessary fees. You will need to consent to mental health, medical and criminal background checks, including fingerprinting. There is a 14-day minimum waiting period to pick up your Permit to Acquire. After you have your permit, you can pick up your firearm. Your Permit to Acquire will only be valid for 10 days from the date it is issued. If this permit expires, you must reapply for a permit.