Carrying or possessing a firearm in certain locations and premises prohibited; penalty
HRS §134-9.1
in effect134-9.1. Carrying or possessing a firearm in certain locations and premises prohibited; penalty
(a) A person with a license issued under section 134-9, or authorized to carry a firearm in accordance with title 18 United States Code section 926B or 926C, shall not intentionally, knowingly, or recklessly carry or possess a loaded or unloaded firearm, whether the firearm is operable or not, and whether the firearm is concealed or unconcealed, while in any of the following locations and premises within the State:
(1) Any building or office owned, leased, or used by
the State or a county, and adjacent grounds and parking areas, including any
portion of a building or office used for court proceedings, legislative
business, contested case hearings, agency rulemaking, or other activities of
state or county government;
(2) Any public or private hospital, mental health
facility, nursing home, clinic, medical office, urgent care facility, or other
place at which medical or health services are customarily provided, including
adjacent parking areas;
(3) Any adult or juvenile detention or correctional
facility, prison, or jail, including adjacent parking areas;
(4) Any bar or restaurant serving alcohol or
intoxicating liquor as defined in section 281-1 for consumption on the
premises, including adjacent parking areas;
(5) Any stadium, movie theater, or concert hall, or
any place at which a professional, collegiate, high school, amateur, or student
sporting event is being held, including adjacent parking areas;
(6) All public library property, including buildings,
facilities, meeting rooms, spaces used for community programming, adjacent
grounds, and parking areas;
(7) The campus or premises of any public or private
community college, college, or university, and adjacent parking areas,
including buildings, classrooms, laboratories, research facilities, artistic
venues, and athletic fields or venues;
(8) The campus or premises of any public school,
charter school, private school, preschool, summer camp, or child care facility
as defined in section 346-151, including adjacent parking areas, but not
including:
(A) A private residence at which education is
provided for children who are all related to one another by blood, marriage, or
adoption; or
(B) A dwelling when not used as a child care
facility;
(9) Any beach, playground, park, or adjacent parking
area, including any state park, state monument, county park, tennis court, golf
course, swimming pool, or other recreation area or facility under control,
maintenance, and management of the State or a county, but not including an
authorized target range or shooting complex;
(10) Any shelter, residential, or programmatic
facility or adjacent parking area operated by a government entity or charitable
organization serving unhoused persons, victims of domestic violence, or
children, including children involved in the juvenile justice system;
(11) Any voter service center as defined in section
11-1 or other polling place, including adjacent parking
areas;
(12) The premises of any bank or financial institution
as defined in section 211D-1, including adjacent parking areas;
(13) Any place, facility, or vehicle used for public
transportation or public transit, and adjacent parking areas, including buses,
paratransit vans, bus shelters and terminals (but not including bus stops
located on public sidewalks), trains, rail stations, and airports;
(14) Any amusement park, aquarium, carnival, circus,
fair, museum, water park, or zoo, including adjacent parking areas; or
(15) Any public gathering,
public assembly, or special event conducted on property open to the public,
including any demonstration, march, rally, vigil, protest, picketing, or other
public assembly, for which a permit is obtained from the federal government,
the State, or a county, and the sidewalk or street immediately adjacent to the
public gathering, public assembly, or special event; provided that there are
signs clearly and conspicuously posted at visible places along the perimeter of
the public gathering, public assembly, or special event.
(b) This section shall not
apply to a person in an exempt category identified in section 134-11(a).
It shall be an affirmative defense to any prosecution under this section that a
person is:
(1) Carrying or possessing an unloaded firearm in a
police station in accordance with section 134-23(a)(6), 134-24(a)(6), or
134-25(a)(6);
(2) Carrying or possessing an unloaded firearm at an
organized, scheduled firearms show or exhibit;
(3) Lawfully carrying or possessing a firearm for
hunting in compliance with section 134-5;
(4) A private security officer expressly authorized
to carry or possess a weapon in a location or premises listed in subsection (a)
by the owner, lessee, operator, or manager of the location or premises;
provided that the private security officer is acting within the private
security officer's scope of employment;
(5) Carrying or
possessing an unloaded firearm in a courthouse for evidentiary purposes with
the prior express authorization of the court;
(6) Lawfully present within the person's own home,
other than a college or university dormitory or shelter or residential facility
serving unhoused persons or victims of domestic violence;
(7) Carrying a firearm pursuant to a license issued under section 134-9 or in accordance
with title 18 United States Code section 926B or 926C in the immediate area
surrounding the person's vehicle within a parking area for the limited purpose
of storing or retrieving the firearm;
(8) Possessing a firearm
in an airport or any place, facility, or vehicle used for public transportation
or public transit; provided that the firearm is unloaded and in a locked
hard-sided container for the purpose of transporting the firearm;
(9) Walking through a public gathering, public
assembly, or special event if necessary to access the person's residence, place
of business, or vehicle; provided that the person does not loiter or remain
longer than necessary to complete their travel or business; or
(10) Carrying a concealed firearm in accordance with
title 18 United States Code section 926B or 926C in a location or premises
within the State that is not a State or county property, installation,
building, base, or park, and not a location or premises where a private person
or entity has prohibited or restricted the possession of concealed firearms on
their property.
(c) The presence of a person in any location or
premises listed in subsection (a) shall be prima facie evidence that the person
knew it was a location or premises listed in subsection (a).
(d) Where only a
portion of a building or office is owned, leased, or used by the State or a
county, this section shall not apply to the portion of the building or office
that is not owned, leased, or used by the State or a county, unless carrying or
possessing a firearm within that portion is otherwise prohibited by this
section.
(e)
As used in this section, "private security officer" means any person
employed and duly licensed to engage in the private detective or guard business
pursuant to chapter 463.
(f) Any person who
violates this section shall be guilty of a misdemeanor.
(g) If any ordinance
of any county of the State establishing locations where the carrying of
firearms is prohibited is inconsistent with this section or with section 134-9.5,
the ordinance shall be void to the extent of the inconsistency.
[L 2023, c 52,
pt of §2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0009_0001.htmFetched: 11/10/2026