Handgun in Hawaii

[Vector]

I have gone to Hawaii a couple of times, and like I always do whenever I travel, I bring a handgun. There has never been an issue at the airlines, and fortunately I've never had the need to use it while there. However it dawned on me that maybe I might have been in violation of state law looking at one of the threads about reciprocal CCL's (I have one issued in FL).

So I presume I can transport the handgun from the airport to the resort (two move req), and keep it in the room.
However taking it hiking, or any other outdoor activity is the real question? Of course my main concern is despite my CCL, if I get stopped by a park ranger/LEO I might find my vacation turn into a nightmare. So what are the laws in Hawaii as the people here know them?

 

[ServiceSoon]

AFAIK you are out of luck in Hawaii.

 

[Birukun]

You also have to report to the Police Station and fill out an application for a permit of some sort that must be signed by the Police Chief. The requirements are listed in the regulations I linked to below.

Not a good idea to pack if you are going to Hawaii.

http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0003.HTM

 

[Vector]

Thanks for the link.
The way I read the requirement you have up to 3 days to register with the PD in the county you will be staying in. So if I am only going to be on each island (presumably different counties) for 3 days or less, I imagine I would be ok.
Regardless, now that I have a better idea of the requirements for having it in Hawaii, does anyone know what constitutes legal discharge of the firearm? In Florida you are not required to flee (Stand Your Ground law), and can use deadly force to protect yourself. While I hope not to need to use my firearm when visiting, I'd like to know how Hawaii looks at it. In reality, if I were protecting myself or family, I'd take the old saying to heart;

"Better to be judged by 12 rather than carried by 6"

However it does not hurt to know the law as it pertains to the issue of self defense.

 

[AirForceShooter]

Hawaii is NOT a gun friendly place.
Think Illinois.
Leave it home.

AFS

 

[esheato]

I mean, call me crazy, but I think this sort of information would have been important before you traveled there.

Ed

 

[obm]

The way I read the requirement you have up to 3 days to register with the PD in the county you will be staying in. So if I am only going to be on each island (presumably different counties) for 3 days or less, I imagine I would be ok.

I'm a gun owner in Hawaii. I'm not a lawyer, so ultimately it's your responsibility to write to the Hawaii Attorney General's Office for an official interpretation IN WRITING. If you discharge your firearm you will be arrested based on the interpretation of the local PD, you will be charged or not charge based on the interpretation of the AG, and finally you will be aquitted/convicted based on the judge's interpretation of the law. Usually, all three levels are on the same page but in gray areas of the law you never know.

My understanding is that you only need to register once and don't need to register in all the counties you will be visiting. The first PD firearms office will give you a piece of paper you wil be required to keep with the firearm at all times. It's also my understanding that it doesn't matter how long you stay in Hawaii, you still need to register even if you stay less that 3 days. But you should clarify with AG office.

You didn't mention what kind of handgun you bring...but...just because standard capacity mags are legal in your area, doesn't mean you can bring to Hawaii. If you are caught with a standard cap mag you will be charged with a misdemeanor. If you are caught with a standard cap inserted into a handgun you will be charged with a felony. Don't bring pistol magazines that hold more than 10 rounds to Hawaii.

Use of force:

http://capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0703/HRS_0703-0304.HTM

5(b)(i) seems to say you have no duty to retreat...but again, get interpretation from AG in writing.

Also, keep in mind, on Oahu(not sure of neighbor island PD policies), Honolulu PD as a matter of policy will arrest you automatically whether the shooting is justified or not. They leave it up to the DA to charge or not charge you with a crime afterwards. You will get arrested, booked and have to make bail. Kind of sucks if you justifiably use force, but in fairness to HPD, even police officers involved in ON DUTY shootings get arrested...only difference is that they are released on their own recognizance while civilians are required to make bail.

No CCW reciprocity w/any state. My understanding is that even non-federal police officers traveling on official business to Hawaii are not allowed to carry firearms.

Anyways, again, get your questions re: Hawaii firearms laws answered IN WRITING by the Hawaii AGs office for the near final word on the law.

Good luck...and hope you never have to discharge your weapon in self defense.

-obm

Hmmm...reading thru 134-3 it seems as though if you bring in a gun from out of state you have to have documentation that you will be hunting or target shooting:

http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0003.HTM

 

[dogrunner]

Non Federal police officers, including qualified honorably retired ones CAN carry in your State or in any other U.S. possession under the provisions of HR 218 (aka LEOSA)

 

[Vector]

In response to OBM, I find it insane that an ON DUTY LEO would be arrested if he shoots his weapon. I understand administrative desk work until the shoot is justified, but to get a record of an arrest seems nuts. A law abiding citizen defending ones self gets an automatic arrest also seems

The gun I have brought the last two times is a 9mm and it has two clips, 10 rounds and 18. Based on your post I will leave the 18 round clip at home next visit.

 

[obm]

dogrunner,

Thanks for the correction. I did find the Hawaii Revised Statues were updated after 2004 to allow for the exemptions in the federal act.

Vector I,

Getting arrested for on duty shooting - I got this info straight from a police officer. I do agree, it is silly.

It doesn't look like it's legal for you to bring your gun just for self-defense.

Looks like you need some documentation or verifcation listed in 134-3(a) sections 1 - 3.

134-3 is available here:

http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0003.HTM

You could of course, prior to coming to Hawaii, email the local ranges and ask if you can shoot at their ranges with your personal gun.

Oahu indoor ranges:
http://www.hawaiigunclub.com/en/contactus.html
http://www.magnum50.com/mail.html

Ammo is expensive at both places. Hawaii gun club allows you to bring outside ammo as long as it's not reloads. Magnum requires you to shoot their ammo. You would of course still need to register your gun to be in compliance. Both places have the right to ask to see your gun registration.

Not sure about neighbor island ranges. Again, double check all the details with Hawaii AG office in writing if you intend to bring your firearm again.

Good luck.

-obm

 

[Birukun]

Yeah, try and find a range on some of the other islands. I travel to Kauai for work and would love to spend some off time shooting. I just can't find range time when I am at home. Kauai has no public range. Hunting, yes. But I am not a hunter.

The only gun shop on Kauai closed some time ago from what I heard and now the only FFLs there are all 'kitchen dealers' - and you know how long they are going to last after the BATFE decide to spend time in the islands.