Hawaii Firearm Bill of Sale
By law, private individuals that are allowed to own a firearm can, simultaneously, sell firearms privately to another individual. The seller is required to sight and sign the buyer’s permit to acquire for the transaction to be considered lawful.
There are situations when individuals are prohibited from purchasing firearms in the state of Hawaii. They should not be given a Hawaii firearm bill of sale to serve as proof of ownership change.
Following HI Rev. Stats. §134-4(a) and §134-7, none of the following individuals may purchase or possess a firearm:
No transfer of any rifle having a barrel length of sixteen inches or over or any shotgun having a barrel length of eighteen inches or over, whether usable or unusable, serviceable or unserviceable, modern or antique, registered under prior law or by a prior owner, or unregistered shall be made to any person under the age of eighteen years, except as provided by section §134-5.
No person who is a fugitive from justice or is a person prohibited from possessing firearms or ammunition under federal law shall own, possess, or control any firearm or ammunition therefore.
No person who is under indictment for, or has waived indictment for, or has been bound over to the circuit court for, or has been convicted in this State or elsewhere of having committed a felony, or any crime of violence, or an illegal sale of any drug shall own, possess, or control any firearm or ammunition therefor.
No person who:
Is or has been under treatment or counseling for addiction to, abuse of, or dependence upon any dangerous, harmful, or detrimental drug, intoxicating compound as defined in section 712-1240, or intoxicating liquor;
Has been acquitted of a crime on the grounds of mental disease, disorder, or defect pursuant to section 704-411; or
Is or has been diagnosed as having a significant behavioral, emotional, or mental disorders as defined by the most current diagnostic manual of the American Psychiatric Association or for treatment for organic brain syndromes;
shall own, possess, or control any firearm or ammunition therefore, unless the person has been medically documented to be no longer adversely affected by the addiction, abuse, dependence, mental disease, disorder, or defect.
No person who is less than twenty-five years old and has been adjudicated by the family court to have committed a felony, two or more crimes of violence, or an illegal sale of any drug shall own, possess or control any firearm or ammunition therefor.
No minor who:
Is or has been under treatment for addiction to any dangerous, harmful, or detrimental drug, intoxicating compound as defined in section 712-1240, or intoxicating liquor;
Is a fugitive from justice; or
Has been determined not to have been responsible for a criminal act or has been committed to any institution on account of a mental disease, disorder, or defect;
shall own, possess, or control any firearm or ammunition therefore, unless the minor has been medically documented to be no longer adversely affected by the addiction, mental disease, disorder, or defect.
For the purposes of enforcing this section, and notwithstanding section 571-84 or any other law to the contrary, any agency within the State shall make its records relating to family court adjudications available to law enforcement officials.
No person who has been restrained pursuant to an order of any court, including a gun violence protective order issued pursuant to part IV, from contacting, threatening, or physically abusing any person, shall possess, control, or transfer ownership of any firearm or ammunition therefor, so long as the protective order, restraining order, or any extension is in effect, unless the order, for good cause shown, specifically permits the possession of a firearm and ammunition. The protective order or restraining order shall specifically include a statement that possession, control, or transfer of ownership of a firearm or ammunition by the person named in the order is prohibited. The person shall relinquish possession and control of any firearm and ammunition owned by that person to the police department of the appropriate county for safekeeping for the duration of the order or extension thereof. At the time of service of a protective order or restraining order involving firearms and ammunition issued by any court, a police officer may take custody of any and all firearms and ammunition in plain sight, those discovered pursuant to a consensual search, and those firearms surrendered by the person restrained. If the person restrained is the registered owner of a firearm and knows the location of the firearm, but refuses to surrender the firearm or refuses to disclose the location of the firearm, the person restrained shall be guilty of a misdemeanor. In any case, when a police officer is unable to locate the firearms and ammunition either registered under this chapter or known to the person granted protection by the court, the police officer shall apply to the court for a search warrant pursuant to chapter 803 for the limited purpose of seizing the firearm and ammunition.
For the purposes of this subsection, good cause shall not be based solely upon the consideration that the person subject to restraint pursuant to an order of any court is required to possess or carry firearms or ammunition during the course of the person’s employment. Good cause consideration may include but not be limited to the protection and safety of the person to whom a restraining order is granted.
Any person disqualified from ownership, possession, control, or the right to transfer ownership of firearms and ammunition under this section shall surrender or dispose of all firearms and ammunition in compliance with section 134-7.3.
Any person violating subsection (a) or (b) shall be guilty of a class C felony; provided that any felon violating subsection (b) shall be guilty of a class B felony. Any person violating subsection (c), (d), (e), (f), or (g) shall be guilty of a misdemeanor.
Whether you’re purchasing a new firearm or bringing a firearm with you after moving to the state, Hawaii requires that it be registered within five days of purchase or arrival.
Yes, they are allowed but it’s much more difficult to get in Hawaii. Usually, they’re only permitted when individuals have extreme circumstances. If you feel that you qualify then go to the county or the city police department so they can assess your situation and make a decision on whether to grant a concealed carry permit.
Before applying for a concealed carry permit, the applicant must be at least 21 years old. The specifics of the application may vary depending on where you’re trying to get it but a few things remain consistent:
A background check
Proof of safety training as relates to firearms
A duly completed application form
Fingerprints
A criminal background check
Keep in mind that Hawaii does not recognize permits that may have been acquired in another state. That means you’ll have to go through the process anew when moving to Hawaii.