§134-7.5 Seizure of firearms in domestic abuse situations; requirements; return of. (a) Any police officer who has reasonable grounds to believe that a person has recently assaulted or threatened to assault a family or household member may seize all firearms and ammunition that the police officer has reasonable grounds to believe were used or threatened to be used in the commission of the offense. The police officer may seize any firearms or ammunition that are in plain view of the officer or were discovered pursuant to a consensual search, as necessary for the protection of the officer or any family or household member. Firearms seized under this section shall be taken to the appropriate county police department for safekeeping or as evidence.
(b) Upon taking possession of a firearm or ammunition, the officer shall give the owner or person who was in lawful possession of the firearm or ammunition a receipt identifying the firearm or ammunition and indicating where the firearm or ammunition can be recovered.
(c) The officer taking possession of the firearm or ammunition shall notify the person against whom the alleged assault or threatened assault was inflicted of remedies and services available to victims of domestic violence, including the right to apply for a domestic abuse restraining order.
(d) The firearm or ammunition shall be made available to the owner or person who was in lawful possession of the firearm or ammunition within seven working days after the seizure when:
(1) The firearm or ammunition are not retained for use as evidence;
(2) The firearm or ammunition are not retained because they are possessed illegally;
(3) The owner or person who has lawful possession of the firearm or ammunition is not restrained by an order of any court from possessing a firearm or ammunition; and
(4) No criminal charges are pending against the owner or person who has lawful possession of the firearm or ammunition when a restraining order has already issued. [L 1996, c 201, §1]
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134-1 to 18 OLD REPEALED.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.