§134-66 Termination and renewal. (a) The respondent named in a one-year gun violence protective order issued under section 134-65 may submit a written request at any time during the effective period of the order for a hearing to terminate the order. Upon receipt of the written request for termination:
(1) The court shall set a date for a hearing. Notice of the request shall be personally served on the petitioner by any person authorized by section 634-21. The hearing shall occur no sooner than fourteen days from the date of service of the request upon the petitioner; and
(2) The respondent seeking termination of the order shall have the burden of proving by a preponderance of the evidence that the respondent does not pose a significant danger of causing bodily injury to the respondent's self or another person by owning, purchasing, possessing, receiving, or having in the respondent's custody or control any firearm or ammunition.
If the court finds after the hearing that the respondent has met the respondent's burden, the court shall terminate the order.
(b) A petitioner may submit a written request for a renewal of a one-year gun violence protective order within three months prior to the expiration of the order. Upon receipt of the written request for renewal, the court:
(1) In determining whether to renew a one-year gun violence protective order, after notice to the respondent, shall consider all relevant evidence presented by the petitioner and the respondent and may also consider other relevant evidence, including evidence of the facts identified in section 134-64(d); and
(2) May renew a one-year gun violence protective order if the court finds by a preponderance of the evidence that the respondent continues to pose a significant danger of causing bodily injury to the respondent's self or another person by owning, purchasing, possessing, receiving, or having in the respondent's custody or control any firearm or ammunition.
A one-year gun violence protective order renewed pursuant to this section shall expire after one year, subject to termination by further order of the court at a hearing held pursuant to subsection (a) and further renewal by order of the court pursuant to this subsection. [L 2019, c 150, pt of §2]
Structure Hawaii Revised Statutes
Title 10. Public Safety and Internal Security
134. Firearms, Ammunition and Dangerous Weapons
134-1 to 18 OLD REPEALED. §134-1 Definitions.
134-2.5 Permits for motion picture films or television program production.
134-3 Registration, mandatory, exceptions.
134-3.5 Disclosure for firearm permit and registration purposes.
134-4 Transfer, possession of firearms.
134-5 Possession by licensed hunters and minors; target shooting; game hunting.
134-6.5 Relief from federal firearms mental health prohibitor.
134-7 Ownership or possession prohibited, when; penalty.
134-7.3 Seizure of firearms upon disqualification.
134-7.5 Seizure of firearms in domestic abuse situations; requirements; return of.
134-8 Ownership, etc., of automatic firearms, silencers, etc., prohibited; penalties.
134-8.5 Bump fire stock, multiburst trigger activator, or trigger crank; prohibition.
134-10 Alteration of identification marks prohibited.
134-15 Restriction of materials for manufacture of pistols or revolvers.
134-21 Carrying or use of firearm in the commission of a separate felony; penalty.
134-23 Place to keep loaded firearms other than pistols and revolvers; penalty.
134-24 Place to keep unloaded firearms other than pistols and revolvers; penalty.
134-25 Place to keep pistol or revolver; penalty.
134-26 Carrying or possessing a loaded firearm on a public highway; penalty.
134-27 Place to keep ammunition; penalty.
134-28 Explosive devices; prohibitions; penalty.
134-29 Reporting lost, stolen, or destroyed firearms; penalties.
134-31 License to sell and manufacture firearms; fee.
134-32 License to sell and manufacture firearms; conditions.
134-33 Punishment for violations of section 134-32.
134-34 National emergency, when.
134-51 Deadly weapons; prohibitions; penalty.
134-52 Switchblade knives; prohibitions; penalty.
134-53 Butterfly knives; prohibitions; penalty.
134-63 Commencement of action; forms.
134-64 Ex parte gun violence protective order.
134-65 One-year gun violence protective order issued after notice and hearing.
134-66 Termination and renewal.
134-67 Relinquishment of firearms and ammunition.
134-68 Return and disposal of firearms or ammunition.
134-69 Reporting of order to Hawaii criminal justice data center.
134-71 Law enforcement to retain other authority.
134-72 Lack of liability for failure to seek order.
134-84 Sale, offer for sale, distribution, or transfer of electric guns or cartridges.
134-85 Disposal of electric gun or cartridge.
134-86 Ownership or possession prohibited.
134-88 Storage of electric gun; responsibility with respect to minors.
134-89 Carrying or use of electric gun in the commission of a separate misdemeanor.
134-90 Carrying or use of electric gun in the commission of a separate felony.