I have a protection order against the abuser. Can s/he have or buy a gun?
The law says that a person cannot have a gun if s/he has a court order against him/her, which includes an order for protection or a gun violence protective order, that:
- prohibits that person from contacting, threatening, or physically abusing another person; and
- specifically includes a statement that possession of a firearm by the person named in the order is prohibited.1
In this case, the abuser will have to give any guns that s/he has to law enforcement to hold onto while the order is active or s/he could be charged with a misdemeanor.2
If your temporary or final order has these restrictions, then the abuser likely cannot have a gun. In addition, federal laws, which apply to all states, restrict an abuser’s ability to have a gun when a final order for protection is in place that meets certain requirements. Go to I have a final order of protection against the abuser. Can his/her gun be taken away? in our Federal Gun Laws section for more information.
1 Haw. Rev. Stat. § 134-7(f)
2 Haw. Rev. Stat. § 134-7(g)