HawaiiCCW
Member
Some things came up in my 2A efforts with not being allowed to train or teach with firearms in Hawaii at the range.
So, with that said, I propose this question: When can a person carry a firearm in Hawaii?
My conclusion is that the possession or carrying of a loaded or unloaded handgun (even in the home), without a permit to carry, is a felony offense -- unless you are hunting game mammals. Follow with me now, and please say where I have gone wrong.
A link to the entire set of statutes is here. Links are provide to relevant statutes as they are mentioned. Let us start first with the relevant carry portion of Hawai’i law.
HRS § 134-9 states: (c) No person shall carry concealed or unconcealed on the person a pistol or revolver without being licensed to do so under this section or in compliance with sections 134-5(c) or 134-25.
So we know, just from reading this, that unless we have a concealed firearms permit, are in compliance with section 134-25 or 134-5(c), or have some sort of other statutory exemption – we cannot.
As of right now we are prohibited from carrying, because we don't have a license. So let us see if any relief is granted from 134-5(c).
HRS 134-5 (c) states:
So we now know that under 134-5(c) we must:
In part 134-5(a) there is an exemption that removes the requirement for a permit – if the person is target shooting. However, part (A) only applies to rifle and shotguns for target shooting – not pistols.
Moving on. HRS 134-25, the second exemption to carrying a concealed or unconcealed firearm, states the following:
Now we know that the firearm should be confined to our business, residence or sojourn. However, it is lawful to carry a firearm in an enclosed container – from and to one of the previously mentioned areas. I would suggest at this point, we are not exactly carrying the gun, but are carrying a case (that has the gun). I don't think carrying a case with gun = carrying a pistol.
In Section 134-25(b) of the statute reads:
There are no other relevant statutes that would provide any exemptions to these policies to normal persons. Standard exemptions apply to LEO, Military and so forth.
I had one Attorney provide me with a link to a case from 1984. However, this case relied on a statute that has since been repealed; and was replaced with more restrictive language in another statute
The case was STATE V. RABAGO, 67 HAW. 332, 686 P.2D 824 (1984).
The Hawaii Supreme Court held that statute prohibiting a person from carrying a concealed or unconcealed pistol or revolver on his person without being licensed does not proscribe a person from carrying or possessing an unregistered revolver at his place of residence since the possession or carrying of a firearm is proscribed only outside of the possessor's place of residence, business, or sojourn.
In Rabago, the Defendant had a loaded and unregistered gun. The gun discharged and shot a child in the hand. Both the trial court and the Supreme Court dismissed the 134-9 felony charge.
"On October 10, 1982, a group of people gathered at the home of Ricardo S. Rabago (Rabago). Part of the group was drinking wine and playing cards in the dining room when, at about 7:00 p.m., a heated argument broke out between Rabago and Ricardo Pascual. Rabago stormed out of the house and headed towards the garage with his wife and others in pursuit. Rabago entered the garage, grabbed a gun that was neither registered nor licensed in his name, and attempted to return to the house. A struggle ensued between Rabago and his wife for possession of the gun, and the gun discharged shooting a child in the hand, who had been playing in the garage."
Now, while it was on the books HRS 134-6 stated:
There are quite a few of us that are reading this thinking it's possible (by the letter of the law) to be charged with a felony offense if we even take a pistol outside of our home (i.e., target shooting, firearm safety classes etc.). Some are also reading this thinking we could be charged with a felony offense for carrying a loaded pistol in our home (obviously overridden by Heller, but still, it appears to be on the books).
So, with a strict reading of the law..
Can a person shoot on a target range with a pistol?
How about carry a unloaded or loaded pistol while on the target range or within their business?
Can 134-25 be read to allow you to un-case, handle, or carry those handguns once you have reached the destinations that you are allowed to carry in-between? (can confine = carry or bear)
Can you even carry a loaded firearm within your home?
My opinion? I’m screwed lol. (or I found the key to pandora's box)
So, with that said, I propose this question: When can a person carry a firearm in Hawaii?
My conclusion is that the possession or carrying of a loaded or unloaded handgun (even in the home), without a permit to carry, is a felony offense -- unless you are hunting game mammals. Follow with me now, and please say where I have gone wrong.
A link to the entire set of statutes is here. Links are provide to relevant statutes as they are mentioned. Let us start first with the relevant carry portion of Hawai’i law.
HRS § 134-9 states: (c) No person shall carry concealed or unconcealed on the person a pistol or revolver without being licensed to do so under this section or in compliance with sections 134-5(c) or 134-25.
So we know, just from reading this, that unless we have a concealed firearms permit, are in compliance with section 134-25 or 134-5(c), or have some sort of other statutory exemption – we cannot.
As of right now we are prohibited from carrying, because we don't have a license. So let us see if any relief is granted from 134-5(c).
HRS 134-5 (c) states:
So we now know that under 134-5(c) we must:
- be engaged in hunting game mammals (damn zombies doesn’t apply!);
- have acceptable ammunition and firearm; and
- be licensed in accordance with 183D-3.
In part 134-5(a) there is an exemption that removes the requirement for a permit – if the person is target shooting. However, part (A) only applies to rifle and shotguns for target shooting – not pistols.
Moving on. HRS 134-25, the second exemption to carrying a concealed or unconcealed firearm, states the following:
Now we know that the firearm should be confined to our business, residence or sojourn. However, it is lawful to carry a firearm in an enclosed container – from and to one of the previously mentioned areas. I would suggest at this point, we are not exactly carrying the gun, but are carrying a case (that has the gun). I don't think carrying a case with gun = carrying a pistol.
In Section 134-25(b) of the statute reads:
Wow! The firearm must be confined to my sojourn, residence, or business, but if I carry or possess the pistol it is a felony offense.
There are no other relevant statutes that would provide any exemptions to these policies to normal persons. Standard exemptions apply to LEO, Military and so forth.
I had one Attorney provide me with a link to a case from 1984. However, this case relied on a statute that has since been repealed; and was replaced with more restrictive language in another statute
The case was STATE V. RABAGO, 67 HAW. 332, 686 P.2D 824 (1984).
The Hawaii Supreme Court held that statute prohibiting a person from carrying a concealed or unconcealed pistol or revolver on his person without being licensed does not proscribe a person from carrying or possessing an unregistered revolver at his place of residence since the possession or carrying of a firearm is proscribed only outside of the possessor's place of residence, business, or sojourn.
In Rabago, the Defendant had a loaded and unregistered gun. The gun discharged and shot a child in the hand. Both the trial court and the Supreme Court dismissed the 134-9 felony charge.
"On October 10, 1982, a group of people gathered at the home of Ricardo S. Rabago (Rabago). Part of the group was drinking wine and playing cards in the dining room when, at about 7:00 p.m., a heated argument broke out between Rabago and Ricardo Pascual. Rabago stormed out of the house and headed towards the garage with his wife and others in pursuit. Rabago entered the garage, grabbed a gun that was neither registered nor licensed in his name, and attempted to return to the house. A struggle ensued between Rabago and his wife for possession of the gun, and the gun discharged shooting a child in the hand, who had been playing in the garage."
Now, while it was on the books HRS 134-6 stated:
The larges difference is 134-25 / 26, and 134-6 is the newer statutes add that:
Does this override that 1984 case? I think so, because it basically nullifies the ruling. The court said, carry doesn’t apply till you leave the home, and the legislators countered with – well now carrying is just a felony period.
There are quite a few of us that are reading this thinking it's possible (by the letter of the law) to be charged with a felony offense if we even take a pistol outside of our home (i.e., target shooting, firearm safety classes etc.). Some are also reading this thinking we could be charged with a felony offense for carrying a loaded pistol in our home (obviously overridden by Heller, but still, it appears to be on the books).
So, with a strict reading of the law..
Can a person shoot on a target range with a pistol?
How about carry a unloaded or loaded pistol while on the target range or within their business?
Can 134-25 be read to allow you to un-case, handle, or carry those handguns once you have reached the destinations that you are allowed to carry in-between? (can confine = carry or bear)
Can you even carry a loaded firearm within your home?
My opinion? I’m screwed lol. (or I found the key to pandora's box)
