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The state of Hawaii has some of the toughest gun laws in the nation. Obtaining a concealed weapons permit is extremely difficult and only the Chief of Police may issue permits within his jurisdiction. Applicants must be able to prove that they have a reason to fear injury to their person or property. They must be able to pass an NICS federal background check and be qualified to use the firearm safely. If a concealed weapons permit is granted, it may only be carried on the person in the county where the license was issued and will be valid for one year.
Just obtaining a permit to own a gun can be challenging for residents. Anyone who has past problems with alcohol addiction or has a restraining order against them is not eligible to own a gun. Hawaiian officials will also conduct a background check with the applicant's doctors to make sure they are mentally sane. Semi-automatic weapons are legal, yet automatic and assault weapons are banned in addition to high-capacity magazines. Police officers can legally seize any firearm or ammunition from anyone who has recently assaulted or threatened to hurt a family member.
Concealed weapons permits from other states are not recognized in Hawaii. Listed below are the penalties for carrying a weapon, regardless if it was carried openly or concealed at the time.
|
Type of Crime |
Description of the Offense |
Jail Time & Amount of Fine |
|
Class A Felony Offense |
It is illegal to possess or carry a loaded firearm onto any public highway |
20 years to life in prison without the possibility of probation or suspended sentence
A fine of up to $50,000 |
|
Class B Felony Offense |
Any person carrying or possessing a loaded or unloaded firearm without a license |
Between 2 and 20 years in prison
A fine of up to $25,000 |
|
Class C Felony Offense |
Any person carrying or possessing an unloaded firearm, other than a pistol or revolver |
Up to 5 years in prison
A fine up to $10,000 |
Individuals who have been charged with a felony offense have the right to be tried by a jury within six months of their arrest. However, the prosecution may offer the defendant a plea bargain in exchange for a guilty plea. This saves the prosecutors from having to spend lengthy amounts of time trying to obtain a conviction. The defendant benefits by pleading to a less serious offense and will have a shorter jail sentence. Anyone who wishes to plead "not guilty" should be aware of the potential sentence they face if found guilty.
People who have been arrested on gun violations in Hawaii may be in for the fight of their life. While the Aloha State is welcoming to outside visitors, it is not gun friendly. Therefore it is extremely important to hire an experienced criminal defense attorney immediately. Your lawyer can explain the charges and advise you on whether to accept a plea agreement or go to trial.
Your Rights When Dealing with the Police
Search and Seizure Laws
Arrests: Your Rights and the Law
After You're Arrested: Booking, Bail, and O.R.
Suspect to Defendant: Facing Criminal Charges
Getting Legal Representation When Charged With a Crime
Expungement & Sealing Adult Criminal Records
Crimes: Laws & Penalties