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EspañolIf the abuser has been charged with or convicted of a crime, can s/he keep or buy a gun?
Hawai‘i state law says that a person cannot have or buy a gun if s/he:
- has been convicted of, or is being prosecuted for:
- a felony;
- a criminal offense relating to firearms;
- any crime of violence; or
- the illegal sale or distribution of any drug;
- is under 25 and was found by a family court to have committed:
- a felony;
- two or more crimes of violence; or
- an illegal sale of any drug; or
- is a fugitive from justice.1
Note: A person who has been found not guilty of a crime because of a mental disorder also cannot have or buy a gun, unless medical documents say that s/he no longer has the mental disorder.2
Also, federal laws, which apply to all states, restrict a person’s right to have a gun under certain circumstances. Go to Federal Gun Laws to get more information.
1 Haw. Rev. Stat. § 134-7(a), (b), (d)
2 Haw. Rev. Stat. § 134-7(c)
How can I find out if the abuser has been convicted of a crime?
Criminal records are open to the public, but they are not always easy to get to. If you know which courthouse the abuser’s case was in, you can go there and ask the clerk of court for access to those records.
Some criminal records are also kept in the federal government’s National Instant Criminal Background Check System (NICS). However, only law enforcement officials and licensed firearm sellers are allowed to search the NICS. Your local police department may be willing to search NICS for you if you ask, but they don’t have to.
To read more about the NICS and background checks for gun buyers, see What will happen if the abuser tries to purchase a gun?
