Licenses to carry
HRS §134-9
in effect134-9. Licenses to carry
(a) The chief of police of a county shall grant a license to an applicant to carry a pistol or revolver and ammunition concealed on the licensee's person within the State, if the applicant:
(1) Satisfies each of the criteria established by or
pursuant to subsection (d);
(2) Is not prohibited under
section 134-7 from the ownership, possession, or control of a firearm and
ammunition;
(3) Is not found to be lacking the essential
character or temperament necessary to be entrusted with a firearm as set forth
in subsection (h);
(4) Is a citizen, national, or lawful permanent
resident of the United States or a duly accredited official representative of a
foreign nation;
(5) Is a resident of the State; and
(6) Is of the age of twenty-one years or more.
(b) The chief of police of a county may grant
to an applicant a license to carry a pistol or revolver and ammunition
unconcealed on the licensee's person within the county where the license is
granted, if the applicant:
(1) Sufficiently establishes the urgency or need to
carry a firearm unconcealed;
(2) Is engaged in the protection of life and
property;
(3) Satisfies each of the criteria established by or
pursuant to subsection (d);
(4) Is not prohibited under section 134-7 from the
ownership, possession, or control of a firearm and ammunition;
(5) Is not found to be lacking the essential
character or temperament necessary to be entrusted with a firearm as set forth
in subsection (h);
(6) Is a citizen, national, or lawful permanent
resident of the United States; and
(7) Is of the age of twenty-one years or more.
(c) The chief of police of the appropriate
county, or a designated representative of the chief of police, 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
if the applicant is not a citizen of the United States, before any
determination to grant a concealed or unconcealed license is made.
(d) To be eligible
to receive a license to carry a concealed or unconcealed pistol or revolver on
the licensee's person, the applicant shall:
(1) Submit the appropriate
carry license application, in person, to the chief of police of the appropriate
county, with:
(A) All fields on the application form completed
and all questions answered truthfully, under penalty of law;
(B) All required signatures present on the
application;
(C) Any required documents attached to the
application; and
(D) Payment of the nonrefundable license
application fee required under this section;
(2) Be
the registered owner of the firearm or firearms for which the license to carry
will be issued; provided that this paragraph shall not apply to detectives,
private detectives, investigators, and guards with an active license issued
pursuant to chapter 463;
(3) Not be prohibited under
section 134-7 from the ownership, possession, or control of a firearm;
(4) Have completed a course
of training as described in subsection (e) and be certified as qualified to use
the firearm or firearms for which the license to carry will be issued in a safe
manner; and
(5) Sign an affidavit
expressly acknowledging that:
(A) The applicant has read and is responsible
for understanding and complying with the federal, state, and county laws
governing the permissible use of firearms and associated requirements,
including:
(i) The prohibition on carrying or possessing a
firearm in certain locations and premises;
(ii) The prohibition on carrying more than one
firearm on the licensee's person at one time;
(iii) The prohibition on carrying a firearm on
private property of another person without the express authorization of the
owner, lessee, operator, or manager of the private property;
(iv) The requirement to maintain possession of
the license on the licensee's person while carrying a firearm;
(v) The requirement to disclose information
regarding the carrying of a firearm when stopped by law enforcement;
(vi) The provision for absolute liability for
injury or property damage proximately caused by a legally unjustified discharge
of a firearm under section 663-9.5; and
(vii) Laws regarding the use of deadly force for
self-defense or the defense of another;
(B) A license to
carry issued under this section shall be void if a licensee becomes
disqualified from the ownership, possession, or control of a firearm pursuant
to section 134-7(a), (b), (d), or (f);
(C) The license
shall be subject to revocation under section 134-13 if a licensee for any other
reason becomes disqualified under section 134-7 from the ownership, possession,
or control of a firearm; and
(D) A license that
is revoked or that becomes void shall be returned to the chief of police of the
appropriate county within forty-eight hours after the license is revoked or
becomes void.
(e) The course of
training for issuance of a license under this section may be any course
acceptable to the licensing authority that meets all of the following criteria:
(1) The course shall include in-person instruction on
firearm safety; firearm handling; shooting technique; safe storage; legal
methods to transport firearms and secure firearms in vehicles; laws governing
places in which persons are prohibited from carrying a firearm; firearm usage
in low-light situations; situational awareness and conflict management; and
laws governing firearms, including information regarding the circumstances in
which deadly force may be used for self-defense or the defense of another;
(2) The course shall include a component on mental
health and mental health resources;
(3) Except for the
component on mental health and mental health resources, the course shall be
conducted by one or more firearms instructors certified or verified by the
chief of police of the respective county or a designee of the chief of police
or certified by a nongovernmental organization approved for those purposes by
the chief of police of the respective county or a designee of the chief of
police, or conducted by one or more certified military firearms instructors;
(4) The course shall require participants to
demonstrate their understanding of the covered topics by achieving a score of
at least seventy per cent on a written examination; and
(5) The course shall include live-fire shooting
exercises on a firing range and shall include a demonstration by the applicant
of safe handling of, and shooting proficiency with, each firearm that the
applicant is applying to be licensed to carry.
(f) Upon passing the
course of training identified in subsection (e), the applicant shall obtain
from the instructor, and include as part of the applicant's application
package, a certification as to the following:
(1) The applicant's name,
as confirmed by reviewing the applicant's government-issued photo
identification;
(2) The date and location
of the firearm proficiency test;
(3) The firearm or firearms
that the applicant used in the firearm proficiency test;
(4) The applicant's score;
provided that an indication that the applicant passed or failed, without the
score itself, shall be insufficient information for the purposes of the
application; and
(5) The instructor's
qualifications to administer the firearm proficiency test.
The certification of the
above information, signed by the firearms instructor who conducted or taught
the course, providing the name, address, and phone number of the instructor,
shall constitute evidence of successful completion of the course; provided that
the instructor shall not submit a certification signed by the instructor for
the instructor's own license application. The course of training for issuance
of a license under this section shall be undertaken at the licensee's expense.
(g) An applicant for
a license under this section shall:
(1) Sign a waiver at the time of application,
allowing the chief of police of the county issuing the license or a designee of
the chief of police access to any records that have a bearing on the mental
health of the applicant; and
(2) Identify any health care providers who possess or
may possess the records described in paragraph (1).
(h) In determining
whether a person lacks the essential character or temperament necessary to be
entrusted with a firearm, the licensing authority shall consider whether the
person poses a danger of causing a self-inflicted bodily injury or unlawful injury
to another person, as evidenced by:
(1) Information from a
health care provider indicating that the person has had suicidal or homicidal
thoughts or tendencies within the preceding five years;
(2) Statements or actions
by the person indicating any dangerous propensity or violent animus toward one
or more individuals or groups, including groups based on race, color, national
origin, ancestry, sex, gender identity, gender expression, sexual orientation,
age, disability, religion, or any other characteristic, and the propensity or
animus is of a nature or to an extent that would objectively indicate to a
reasonable observer that it would not be in the interest of the public health,
safety, or welfare for the person to own, possess, or control a firearm or
ammunition; or
(3) Other information that
would lead a reasonable, objective observer to conclude that the person
presents or would present a danger to the community as a result of carrying a
firearm in public or intends or is likely to use a firearm for an unlawful
purpose or in an unlawful manner.
(i) A nonrefundable
fee of $150 shall be charged for each license application submitted under this
section. The fee shall be chargeable by and payable to
the appropriate county and shall be used for expenses related to police
services. The issuing authority shall waive the fee required by this
subsection upon a showing of financial hardship by the applicant.
(j) If the applicant
satisfies each of the requirements for a concealed carry license, an
application for a concealed carry license submitted to the chief of police of
the appropriate county under this section shall be approved within a reasonable
time after receipt of all required application materials. If the applicant
does not satisfy one or more of the requirements for a concealed carry license,
the license shall be denied within a reasonable time after receipt of the
application materials. If an application is denied, the chief of police or a
designee of the chief of police shall notify the applicant of the denial in
writing, stating the ground or grounds for the denial and informing the
applicant of the right to seek review of the denial through a hearing pursuant
to subsection (k). If the chief of police does not grant or deny a submitted
application for a concealed carry license within one hundred twenty days
following the date of the application, the application shall be deemed denied
as of that date for purposes of subsection (k).
(k) If an
application under this section is denied, a person or entity aggrieved by the
denial shall be entitled to a hearing before the chief of police of the
appropriate county or a designee of the chief of police. A person or entity
aggrieved by the denial shall submit a request for a hearing in writing to the
chief of police of the appropriate county no later than thirty days following
the date of the decision or determination notice. The hearing shall constitute
a contested case hearing for purposes of chapter 91. Following the hearing and
final decision, an aggrieved party shall be entitled to a judicial review
proceeding in state circuit court in accordance with section 91-14.
(l) If an
application pursuant to this section is approved, the chief of police shall
issue the applicant a license that contains, at minimum:
(1) The licensee's name;
(2) The licensee's address;
(3) A photograph of the licensee taken within ninety
days before issuance of the license;
(4) The county of issuance;
(5) A notation as to whether the license permits
concealed or unconcealed carry;
(6) The serial number of each registered firearm that
the licensee may carry pursuant to the license; and
(7) The license expiration date.
The license issued under this subsection shall not
constitute a government-issued photo identification document under federal or
state law.
(m) Unless
renewed, a concealed or unconcealed license shall expire four years from the
date of issue.
(n)
A license to carry issued under this section shall be void if a licensee
becomes disqualified from the ownership, possession, or control of a firearm
pursuant to section 134-7(a), (b), (d), or (f). If a licensee for any other
reason becomes disqualified under section 134-7 from the ownership, possession,
or control of a firearm, the license shall be subject to revocation under
section 134-13. A license that is void or revoked shall be returned to the chief of police of the appropriate county
within forty-eight hours after the license becomes void or is revoked.
(o) The chief of
police of each county shall adopt procedures to implement this section.
(p) The chief of
police of each county shall establish procedures and criteria for the renewal
of licenses issued under this section. No license renewal shall be granted if
an applicant for a renewed license does not satisfy, or no longer satisfies, the
eligibility criteria for a new license set forth in subsections (a) through
(d). As a precondition for the renewal of licenses issued under this section,
the chief of police of each county may establish reasonable continuing
education, training, and certification requirements, including requirements
pertaining to the safe handling of firearms and shooting proficiency. A
nonrefundable fee of $50 shall be charged for each license renewal application
submitted under this section. The fee shall be chargeable by and payable to
the appropriate county and shall be used for expenses related to police
services. The issuing authority shall waive the fee required by this
subsection upon a showing of financial hardship by the applicant.
(q) No person carrying a
firearm pursuant to a license issued under this section shall intentionally,
knowingly, or recklessly carry more than one firearm on the licensee's person
at one time.
(r) A license issued
by the chief of police of a county within the State under subsection (a) to
carry a pistol or revolver and ammunition concealed on the licensee's person
shall be valid for use in each county within the State.
[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; am L
2023, c 52, §7]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0009.htmFetched: 11/10/2026