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Información Legal: Hawái

State Gun Laws

5 de agosto de 2021

If the abuser's gun is taken away, what will happen to it?

If the judge orders that the abuser’s gun be taken away as part of an order for protection, s/he will have to give up any guns in his/her possession and will have to surrender any other guns to the law enforcement agency in his/her county.1 When the order for protection expires, the abuser may be able to go to the law enforcement agency that took the guns to get them back.

Even if there is not an order for protection in place, a police officer may take a gun away from an abuser for up to seven days if the officer believes that it was recently used to threaten or assault a family or household member. The police department that took the gun will hold the gun for longer than seven days if:

  • criminal charges are filed against the abuser;
  • the abuser had the gun illegally;
  • the gun or ammunition is going to be used as evidence; or
  • there is an active order for protection against the abuser.2

Also, if an abuser applies for a gun permit but is denied or if s/he becomes disqualified to have a gun at any point, s/he must:

  • surrender his/her guns to law enforcement within 30 days; or
  • get rid of the guns by:
    • selling them to a licensed gun dealer; or
    • giving or selling them to another person who has a permit to have a gun.3

However, if the reason that the abuser is disqualified from having a gun is due to an order for protection being issued, then the abuser has to surrender his/her guns to law enforcement within 48 hours, and s/he may not be able to give or sell the gun to a licensed dealer or to another person.4

1 Haw. Rev. Stat. § 134-7(f)
2 Haw. Rev. Stat. § 134-7.5(a), (d)
3 Haw. Rev. Stat. § 134-7.3
4 Haw. Rev. Stat. § 134-7.3(b), (d)