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EspañolWho qualifies for a gun permit?
To legally have or buy a gun in Hawaii, a person must get a permit issued by the county’s chief of police.1 A person may qualify for a gun permit if s/he does not any of the categories that make gun possession illegal and s/he is:
- a U.S. citizen, national, or lawful permanent resident who is at least 21 years old;
- an official representative of a foreign nation; or
- an immigrant (“alien”) who is:
- a law enforcement officer;
- age 18 or older and s/he has a hunting license; in this case, the permit only allows the person to use a rifle and shotgun for some time up to 60 days; or
- age 21 or older and s/he is training for a specific organized sport-shooting contest; in this case, the permit is only for some time up to six months.2
However, even if someone meets the requirements listed above, the police can still deny a gun permit if they believe that it is not in the interest of public health, safety, or welfare because “the person lacks the essential character or temperament necessary to be entrusted with a firearm.” The police must consider if the person poses a danger of causing a self-inflicted bodily injury or an unlawful injury to someone else, which can be proven by:
- information from a health care provider showing that the person has had suicidal or homicidal thoughts or tendencies within the past five years;
- statements or actions by the person that show a dangerous propensity or violent hatred (“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;
- other information that would lead a reasonable, objective observer to conclude that this person having a firearm presents or would present a danger to the community; or
- information that the person intends to or is likely to use a firearm for an unlawful purpose or in an unlawful way.3
1 Haw. Rev. Stat. § 134-2(a)
2 Haw. Rev. Stat. § 134-2(d)
3 Haw. Rev. Stat. § 134-2(e)
