If the abuser has been convicted of a crime, can s/he keep or buy a gun?
Hawaii 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,1 which is defined as:
- any offense under federal or state law that has as an element of the offense:
- injury or threat of injury to another person; or
- use, attempted use, or threatened use of physical force against a person, property, or the creation of a substantial risk of causing bodily injury;
- reckless endangering in the second degree;
- terroristic threatening in the second degree;
- sexual assault in the fourth degree;
- endangering the welfare of a minor in the second degree;
- endangering the welfare of an incompetent person;
- harassment (subsection(1)(a));
- harassment by stalking;
- criminal solicitation or criminal conspiracy for any of the crimes of violence listed above;
- offenses under federal law, or the law of another state or territory that are comparable to the crimes of violence listed above;2 or
- any offense under federal or state law that has as an element of the offense:
- an illegal sale or distribution of any drug;
- has been found not guilty of a crime because of a mental disorder, unless the person has been medically documented to no longer have the mental disorder;
- 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
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. § 134-1