Hawaii Revised Statutes
134. Firearms, Ammunition and Dangerous Weapons
134-9 Licenses to carry.

§134-9 Licenses to carry. (a) In an exceptional case, when an applicant shows reason to fear injury to the applicant's person or property, the chief of police of the appropriate county may grant a license to an applicant who is a citizen of the United States of the age of twenty-one years or more or to a duly accredited official representative of a foreign nation of the age of twenty-one years or more to carry a pistol or revolver and ammunition therefor concealed on the person within the county where the license is granted. Where the urgency or the need has been sufficiently indicated, the respective chief of police may grant to an applicant of good moral character who is a citizen of the United States of the age of twenty-one years or more, is engaged in the protection of life and property, and is not prohibited under section 134-7 from the ownership or possession of a firearm, a license to carry a pistol or revolver and ammunition therefor unconcealed on the person within the county where the license is granted. The chief of police of the appropriate county, or the chief's designated representative, shall perform an inquiry on an applicant by using the National Instant Criminal Background Check System, to include a check of the Immigration and Customs Enforcement databases where the applicant is not a citizen of the United States, before any determination to grant a license is made. Unless renewed, the license shall expire one year from the date of issue.
(b) The chief of police of each county shall adopt procedures to require that any person granted a license to carry a concealed weapon on the person shall:
(1) Be qualified to use the firearm in a safe manner;
(2) Appear to be a suitable person to be so licensed;
(3) Not be prohibited under section 134-7 from the ownership or possession of a firearm; and
(4) Not have been adjudged insane or not appear to be mentally deranged.
(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.
(d) A fee of $10 shall be charged for each license and shall be deposited in the treasury of the county in which the license is granted. [L 1988, c 275, pt of §2; am L 1994, c 204, §8; am L 1997, c 254, § §2, 4; am L 2000, c 96, §1; am L 2002, c 79, §1; am L 2006, c 27, §3 and c 66, §3; am L 2007, c 9, §8]
Attorney General Opinions
An applicant for an unconcealed-carry license does not demonstrate "good moral character", as required by this section, where there is reliable and credible evidence that, if issued a license, the applicant may create a risk to public safety. Consequently, an application should be denied when the applicant exhibits specific and articulable indicia that the applicant poses a heightened risk to public safety. Att. Gen. Op. 18-1.
Applicants for an unconcealed-carry license must demonstrate a need to carry a firearm for protection that substantially exceeds the need possessed by ordinary law-abiding citizens. Att. Gen. Op. 18-1.
By its plain text, the legislative history, and applicable case law, this section does not limit unconcealed-carry licenses to private security officers and other individuals whose jobs entail the protection of life and property, but instead authorizes the issuance of those licenses to any qualified individual who demonstrates a sufficient "urgency" or "need" to carry a firearm and is "engaged in the protection of life and property". Att. Gen. Op. 18-1.
Chiefs of police may exercise reasonable discretion to deny licenses to otherwise-qualified applicants, but that discretion may not be exercised in an arbitrary or capricious manner. The discretion to deny unconcealed-carry licenses to qualified applicants should be exercised only where an applicant's characteristics or circumstances render the applicant unsuitable to carry an unconcealed firearm for reasons not captured by the express statutory requirements. Discretion may not be used to effectively nullify the authorization for unconcealed-carry licenses contained in this section or to impose categorical restrictions on unconcealed-carry licenses that the legislature did not enact. Att. Gen. Op. 18-1.
Case Notes
Where plaintiff asserted that § §134-6 and 134-9 violated rights guaranteed by Article I and the Second, Fifth, Ninth, and Fourteenth Amendments of the U.S. Constitution, defendants' motions to dismiss plaintiff's complaint granted; among other things, plaintiff did not have standing to challenge this chapter on the basis of an alleged deprivation of Second Amendment or Ninth Amendment rights, this chapter is not an impermissible bill of attainder with respect to plaintiff, and this chapter imposes no impairment of a contractual right possessed by plaintiff. 548 F. Supp. 2d 1151.
Discussed: 911 F. Supp. 2d 972 (2012).
Mentioned: 74 H. 197, 840 P.2d 374.

Structure Hawaii Revised Statutes

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 Permits to acquire.

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 REPEALED.

134-6.5 Relief from federal firearms mental health prohibitor.

134-7 Ownership or possession prohibited, when; penalty.

134-7.2 Prohibition against seizure of firearms or ammunition during emergency or disaster; suspension of permit or license.

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.

134-9 Licenses to carry.

134-10 Alteration of identification marks prohibited.

134-10.2 Manufacturing, purchasing, or obtaining firearm parts to assemble a firearm having no serial number; penalty.

134-10.5 Storage of firearm; responsibility with respect to minors. No person shall store or keep any firearm on any premises under the person's control if the person knows or reasonably should know that a minor is likely to gain access to the firear...

134-11 Exemptions.

134-12 REPEALED.

134-12.5 Forfeiture of firearms, ammunition, deadly or dangerous weapons, and switchblade knives; when. All firearms, ammunition, deadly or dangerous weapons, and switchblade knives possessed, used in violation of this chapter or the Hawaii Penal Cod...

134-13 Revocation of permits.

134-14 Report.

134-15 Restriction of materials for manufacture of pistols or revolvers.

134-16 REPEALED.

134-17 Penalties.

134-18 Qualified immunity for physicians, psychologists, or psychiatrists who provide information on permit applicants.

134-21 Carrying or use of firearm in the commission of a separate felony; penalty.

134-22 Possession of a firearm with intent to facilitate the commission of a felony drug offense; 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.

134-61 Definitions.

134-62 Court jurisdiction.

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.

134-70 Penalties.

134-71 Law enforcement to retain other authority.

134-72 Lack of liability for failure to seek order.

134-81 Definitions.

134-82 Restrictions on use, sale, offer for sale, distribution, and transfer of electric guns and cartridges.

134-83 License to sell, offer to sell, distribute, or otherwise transfer electric guns or cartridges; fee.

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.

134-87 Exemptions.

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.