Relief from federal firearms mental health prohibitor
HRS §134-6.5
in effect134-6.5. Relief from federal firearms mental health prohibitor
(a) Any person who is prohibited from shipping, transporting, possessing, or receiving any firearm or ammunition, pursuant to title 18 United States Code section 922(d)(4) or (g)(4), having been adjudicated as a mental defective or having been committed to a mental institution under the laws of this State, may petition the circuit court in the circuit where the adjudication or commitment was made, in a civil proceeding, for relief from the federal firearm prohibitor based on the adjudication or commitment. The attorney general shall represent the State; provided that the attorney general, with the prosecuting agency's consent, may designate the prosecuting attorney for the county in which the petitioner seeks relief to represent the State.
(b) In the civil
proceeding, the court shall consider:
(1) The circumstances regarding the adjudication or
commitment from which relief is sought, including the court files of the
adjudication or commitment;
(2) The petitioner's mental
health and criminal history records, if any;
(3) The petitioner's
reputation in the community, developed at a minimum through character witness
statements, testimony, or other character evidence; and
(4) Changes in the
petitioner's condition or circumstances since the disqualifying events relevant
to the relief sought, including medical documentation that the petitioner is no
longer adversely affected by the condition that resulted in the petitioner's adjudication
or commitment and is not likely to act in a manner dangerous to public safety.
(c) The court shall grant the petition for
relief if the petitioner proves, by clear and convincing evidence, that the
petitioner will not be likely to act in a manner dangerous to public safety and
that the granting of the relief would not be contrary to the public interest.
The court shall make written findings of facts and conclusions of law on the
issues before it and issue a final order.
(d) When a court
issues an order granting or denying a petition for relief, the court shall
forward this information to the Hawaii criminal justice data center, which in
turn shall forward this information to the Federal Bureau of Investigation, or
its successor agency, for inclusion in the National Instant Criminal Background
Check System database. The information shall
also be maintained by the Hawaii criminal justice data center for disclosure to
and use by law enforcement officials for the purpose of firearms permitting or
registration pursuant to chapter 134.
(e) A person may
file a petition for relief under this section no less than two years after the
adjudication or commitment from which the relief is sought, and no more
frequently than once every three years thereafter.
(f) For purposes of
this section, the terms "adjudicated as a mental defective",
"committed to a mental institution", and "mental
institution" shall be construed in accordance with title 18 United States
Code section 922, title 27 Code of Federal Regulations section 478.11, and
judicial interpretations of those provisions.
(g) Any relief
granted pursuant to this section shall not constitute relief from any other
federal prohibitors or from any state prohibition pursuant to chapter 134. The
State, its officers, and its employees shall not be liable for any damages,
attorneys' fees, or costs related to this relief process.
(h) The petitioner may appeal a denial of
relief, and the standard of review on appeal shall be de novo.
[L 2014, c 87,
§2]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0006_0005.htmFetched: 11/10/2026