Updated September 19, 2023
A Hawaii firearm bill of sale is a document that provides evidence of a legal sale, purchase, or trade of a firearm. It establishes a formal change of ownership and is required for the registration of the firearm. This form will require notarization and the signatures of two (2) witnesses. No person may purchase a firearm in Hawaii without first obtaining a Permit to Acquire from their local sheriff’s office.
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Privately Selling a Firearm
Any private individual that is permitted to own a firearm in Hawaii is also permitted to execute the private sale of a firearm. The seller is required to sign the buyer’s Permit to Acquire.[1]
Prohibited from Buying
In accordance with Hawaii statutes,[2][3] none of the following individuals may purchase or possess a firearm:
- No transfer of any rifle having a barrel length of sixteen inches or over or any shotgun having a barrel length of eighteen inches or over, whether usable or unusable, serviceable or unserviceable, modern or antique, registered under prior law or by a prior owner, or unregistered shall be made to any person under the age of eighteen years.[4]
- No person who is a fugitive from justice or is a person prohibited from possessing firearms or ammunition under federal law shall own, possess, or control any firearm or ammunition therefor.
- No person who is under indictment for, or has waived indictment for, or has been bound over to the circuit court for, or has been convicted in this State or elsewhere of having committed a felony, or any crime of violence, or an illegal sale of any drug shall own, possess, or control any firearm or ammunition therefor.
- No person who:
- Is or has been under treatment or counseling for addiction to, abuse of, or dependence upon any dangerous, harmful, or detrimental drug, intoxicating compound,[5] or intoxicating liquor;
- Has been acquitted of a crime on the grounds of mental disease, disorder, or defect[6] or
- Is or has been diagnosed as having a significant behavioral, emotional, or mental disorders as defined by the most current diagnostic manual of the American Psychiatric Association or for treatment for organic brain syndromes;
- shall own, possess, or control any firearm or ammunition therefor, unless the person has been medically documented to be no longer adversely affected by the addiction, abuse, dependence, mental disease, disorder, or defect.
- No person who is less than twenty-five years old and has been adjudicated by the family court to have committed a felony, two or more crimes of violence, or an illegal sale of any drug shall own, possess or control any firearm or ammunition therefor.
- No minor who:
- Is or has been under treatment for addiction to any dangerous, harmful, or detrimental drug, intoxicating compound, or intoxicating liquor;
- Is a fugitive from justice; or
- Has been determined not to have been responsible for a criminal act or has been committed to any institution on account of a mental disease, disorder, or defect;
- shall own, possess, or control any firearm or ammunition therefor, unless the minor has been medically documented to be no longer adversely affected by the addiction, mental disease, disorder, or defect.
- For the purposes of enforcing this section, or any other law to the contrary,[7] any agency within the State shall make its records relating to family court adjudications available to law enforcement officials.
- No person who has been restrained pursuant to an order of any court, including a gun violence protective order, from contacting, threatening, or physically abusing any person, shall possess, control, or transfer ownership of any firearm or ammunition therefor, so long as the protective order, restraining order, or any extension is in effect, unless the order, for good cause shown, specifically permits the possession of a firearm and ammunition. The protective order or restraining order shall specifically include a statement that possession, control, or transfer of ownership of a firearm or ammunition by the person named in the order is prohibited. The person shall relinquish possession and control of any firearm and ammunition owned by that person to the police department of the appropriate county for safekeeping for the duration of the order or extension thereof. At the time of service of a protective order or restraining order involving firearms and ammunition issued by any court, a police officer may take custody of any and all firearms and ammunition in plain sight, those discovered pursuant to a consensual search, and those firearms surrendered by the person restrained. If the person restrained is the registered owner of a firearm and knows the location of the firearm, but refuses to surrender the firearm or refuses to disclose the location of the firearm, the person restrained shall be guilty of a misdemeanor. In any case, when a police officer is unable to locate the firearms and ammunition either registered under this chapter or known to the person granted protection by the court, the police officer shall apply to the court for a search warrant for the limited purpose of seizing the firearm and ammunition.
- For the purposes of this subsection, good cause shall not be based solely upon the consideration that the person subject to restraint pursuant to an order of any court is required to possess or carry firearms or ammunition during the course of the person’s employment. Good cause consideration may include but not be limited to the protection and safety of the person to whom a restraining order is granted.
- Any person disqualified from ownership, possession, control, or the right to transfer ownership of firearms and ammunition under this section shall surrender or dispose of all firearms and ammunition.[8]
Registering a Firearm
Firearm buyers and new residents in the state have five (5) days from purchasing or moving, respectively, to register their firearm(s) with the state.[9]
Concealed Carry
Concealed carry permits are available in the state, but they are only issued to individuals in extreme or urgent circumstances.[10] Permits are issued by county or city police departments on a case-by-case basis.
How to Apply
Hawaii residents must be at least twenty-one years of age to apply for an open or concealed carry permit. The application process varies by county, but always includes an application, proof of firearms safety training, fingerprints, and a background check.
Reciprocity
Hawaii does not recognize concealed carry permits from any other states.