Seizure of firearms in domestic abuse situations; requirements; return of
HRS §134-7.5
in effect134-7.5. Seizure of firearms in domestic abuse situations; requirements; return of
(a) Any police officer who has reasonable grounds to believe that a person has recently assaulted or threatened to assault a family or household member may seize all firearms and ammunition that the police officer has reasonable grounds to believe were used or threatened to be used in the commission of the offense. The police officer may seize any firearms or ammunition that are in plain view of the officer or were discovered pursuant to a consensual search, as necessary for the protection of the officer or any family or household member. Firearms seized under this section shall be taken to the appropriate county police department for safekeeping or as evidence.
(b) Upon taking possession of a firearm or
ammunition, the officer shall give the owner or person who was in lawful
possession of the firearm or ammunition a receipt identifying the firearm or
ammunition and indicating where the firearm or ammunition can be recovered.
(c) The officer taking possession of the
firearm or ammunition shall notify the person against whom the alleged assault
or threatened assault was inflicted of remedies and services available to
victims of domestic violence, including the right to apply for a domestic abuse
restraining order.
(d) The firearm or ammunition shall be made
available to the owner or person who was in lawful possession of the firearm or
ammunition within seven working days after the seizure when:
(1) The firearm or ammunition are not retained for
use as evidence;
(2) The firearm or ammunition are not retained
because they are possessed illegally;
(3) The owner or person who has lawful possession of
the firearm or ammunition is not restrained by an order of any court from
possessing a firearm or ammunition; and
(4) No criminal charges are pending against the owner
or person who has lawful possession of the firearm or ammunition when a
restraining order has already issued.
[L 1996, c 201, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0007_0005.htmFetched: 11/10/2026