doublenutz
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Link RemovedLink RemovedLink RemovedArticle I, § 17 of the Hawaii Constitution states: "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
In State v. Mendoza, 920 P.2d 357 (Haw. 1996), the Supreme Court of Hawaii rejected an art. I, § 17 challenge to Hawaii Revised Statutes Annotated § 134-4(b) which (along with 134-2) requires a person to obtain a permit before acquiring any firearm. The court found that the state’s police power allows it to regulate the right to "bear arms" in a reasonable manner, and that the permitting requirement was "rationally related to the legitimate government interest of ensuring that only those who are mature, law abiding, competent citizens possess firearms." Mendoza, 920 P.2d at 368.
State Firearms Policies
Open Carrying/Exposed Firearms
Hawaii Revised Statutes Annotated § 134-9 provides that no person shall carry a concealed or unconcealed handgun on his or her person without being licensed to do so per section 134-9, or in compliance with Section 134-5(c) (licensing of hunters) or 134-E (possession restrictions for pistol or revolver).
Firearms and ammunition generally must be confined to the possessor’s place of business, residence or sojourn, but the possessor may carry unloaded firearms or ammunition in an enclosed container from the place of purchase to the person’s place of business, residence or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and a:
Hawaii prohibits any person from carrying or possessing a loaded firearm on any public highway. Section 134-F. This prohibition does not apply to any person who has in his or her possession a handgun while licensed per Section 134-9. Section 134-F.
Any person age 16 or older (or anyone under age 16 if accompanied by an adult) may carry and use any lawfully acquired rifle or shotgun and suitable ammunition while actually engaged in hunting or target shooting, or while going to and from the place of hunting or target shooting, provided that the person has a hunting license. Section 134-5(a).
A person may carry unconcealed and use a lawfully acquired handgun while actually engaged in hunting game mammals, if the handgun is approved and the person is licensed. The handgun may be carried to or from the hunt in an enclosed container, as defined in section 134-E.
Link RemovedLink RemovedLink RemovedArticle I, § 17 of the Hawaii Constitution states: "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."
In State v. Mendoza, 920 P.2d 357 (Haw. 1996), the Supreme Court of Hawaii rejected an art. I, § 17 challenge to Hawaii Revised Statutes Annotated § 134-4(b) which (along with 134-2) requires a person to obtain a permit before acquiring any firearm. The court found that the state’s police power allows it to regulate the right to "bear arms" in a reasonable manner, and that the permitting requirement was "rationally related to the legitimate government interest of ensuring that only those who are mature, law abiding, competent citizens possess firearms." Mendoza, 920 P.2d at 368.
State Firearms Policies
Open Carrying/Exposed Firearms
Hawaii Revised Statutes Annotated § 134-9 provides that no person shall carry a concealed or unconcealed handgun on his or her person without being licensed to do so per section 134-9, or in compliance with Section 134-5(c) (licensing of hunters) or 134-E (possession restrictions for pistol or revolver).
Firearms and ammunition generally must be confined to the possessor’s place of business, residence or sojourn, but the possessor may carry unloaded firearms or ammunition in an enclosed container from the place of purchase to the person’s place of business, residence or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and a:
- Place of repair;
- Target range;
- Licensed dealer’s place of business;
- Organized, scheduled firearms show or exhibit;
- Place of formal hunter or firearm use training or instruction; or
- Police station.
Hawaii prohibits any person from carrying or possessing a loaded firearm on any public highway. Section 134-F. This prohibition does not apply to any person who has in his or her possession a handgun while licensed per Section 134-9. Section 134-F.
Any person age 16 or older (or anyone under age 16 if accompanied by an adult) may carry and use any lawfully acquired rifle or shotgun and suitable ammunition while actually engaged in hunting or target shooting, or while going to and from the place of hunting or target shooting, provided that the person has a hunting license. Section 134-5(a).
A person may carry unconcealed and use a lawfully acquired handgun while actually engaged in hunting game mammals, if the handgun is approved and the person is licensed. The handgun may be carried to or from the hunt in an enclosed container, as defined in section 134-E.