Ownership or possession prohibited
HRS §134-86
in effect134-86. Ownership or possession prohibited
(a) No person who is a fugitive from justice shall own, possess, or control an electric gun.
(b) No person who is under indictment for, has
waived indictment for, has been bound over to the circuit court for, or has
been convicted in this State or elsewhere of having committed a felony, any
crime of violence, or any illegal sale of any drug shall own, possess, or
control an electric gun.
(c) No person who:
(1) Is or has been under treatment or counseling for
addiction to, abuse of, or dependence upon any dangerous, harmful, or
detrimental drug; intoxicating compound as defined in section 712-1240; or
intoxicating liquor;
(2) Has been acquitted of a crime on the grounds of
mental disease, disorder, or defect pursuant to section 704-411;
(3) Is or has been diagnosed as having a significant
behavioral, emotional, or mental disorder as defined by the most current
diagnostic manual of the American Psychiatric Association; or
(4) Is under treatment for an organic brain syndrome;
shall own, possess, or control an electric gun,
unless the person has been medically documented to be no longer adversely
affected by the addiction, abuse, dependence, syndrome, or mental disease,
disorder, or defect.
(d) No person who is less than twenty-five
years of age and has been adjudicated by the family court to have committed a
felony, two or more crimes of violence, or an illegal sale of any drug shall
own, possess, or control an electric gun.
(e) No person who is less than twenty-one
years of age shall own, possess, or control an electric gun.
(f) No person shall possess an electric gun
that is owned by another, regardless of whether the owner has consented to
possession of the electric gun.
(g) No person who has been restrained pursuant
to an order of any court, including an ex parte order as provided in this
subsection, from contacting, threatening, or physically abusing any person or
from possessing or owning a firearm, shall possess, control, or transfer
ownership of an electric gun, so long as the protective order, restraining
order, or any extension is in effect, unless the order, for good cause shown,
specifically permits the possession of an electric gun. The restraining order
or order of protection shall specifically include a statement that possession,
control, or transfer of an electric gun by the person named in the order is
prohibited. Such person shall relinquish possession and control of any
electric gun owned by that person to the police department of the appropriate
county for safekeeping for the duration of the order or extension thereof.
In the case of an ex parte order that includes
a restriction on the possession, control, or transfer of an electric gun, the
affidavit or statement under oath that forms the basis for the order shall
contain a statement of the facts that support a finding that the person to be
restrained owns, intends to obtain or transfer, or possesses an electric gun,
and that the electric gun may be used to threaten, injure, or abuse any
person. The ex parte order shall be effective upon service pursuant to section
586-6.
At the time of service of a restraining order
involving electric guns issued by any court, the police officer may take
custody of any and all electric guns in plain sight, those discovered pursuant
to a consensual search, and those electric guns surrendered by the person
restrained.
For the purposes of this subsection, "good
cause" shall not be based solely upon the consideration that the person
subject to restraint pursuant to an order of any court, including an ex parte
order as provided for in this subsection, is required to possess or carry an
electric gun during the course of the person's employment. "Good cause"
includes but is not limited to the protection and safety of the person to whom
a restraining order is granted.
(h) Any person disqualified from ownership,
possession, control, or the right to transfer ownership of an electric gun
under this section shall surrender or dispose of all electric guns in
compliance with section 134-85.
(i) For the purposes of enforcing this
section, and notwithstanding section 571-84 or any other law to the contrary,
any agency within the State shall make its records relating to family court
adjudications available to law enforcement officials.
(j) Any person violating subsection (a) or (b)
shall be guilty of a class C felony. Any person violating subsection (c), (d),
(e), (f), (g), or (h) shall be guilty of a misdemeanor.
[L 2021, c 183, 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_0134-0086.htmFetched: 11/10/2026