Haw. Rev. Stat. § 134-3 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-3
Registration, mandatory, exceptions.
Status: in_force

(a) Every resident or other person arriving in the State who brings or by any other manner causes to be brought into the State a firearm of any description, whether usable or unusable, serviceable or unserviceable, modern or antique, shall register and submit to physical inspection the firearm within five days after arrival of the person or of the firearm, whichever arrives later, with the chief of police of the county of the person's place of business or, if there is no place of business, the person's residence or, if there is neither a place of business nor residence, the person's place of sojourn. A nonresident alien may bring firearms not otherwise prohibited by law into the State for a continuous period not to exceed ninety days; provided that the person meets the registration requirement of this section and the person possesses:

(1) A valid Hawaii hunting license procured under chapter 183D, part II, or a commercial or private shooting preserve permit issued pursuant to section 183D-34;

(2) A written document indicating the person has been invited to the State to shoot on private land; or

(3) Written notification from a firing range or target shooting business indicating that the person will actually engage in target shooting.

The nonresident alien shall be limited to a nontransferable registration of no more than ten firearms for the purpose of the above activities.

Every person registering a firearm under this subsection shall be fingerprinted and photographed by the police department of the county of registration; provided that this requirement shall be waived where fingerprints and photographs are already on file with the police department. The police department shall perform an inquiry on the person by using the International Justice and Public Safety Network, including the United States Immigration and Customs Enforcement query, the National Crime Information Center, and the National Instant Criminal Background Check System, pursuant to section 846-2.7 before any determination to register a firearm is made. Any person attempting to register a firearm, a firearm receiver, or the parts used to assemble a firearm, and who is found to be disqualified from ownership, possession, or control of firearms or ammunition under section 134-7, shall surrender or dispose of all firearms and ammunition pursuant to section 134-7.3.

(b) Every person who acquires a firearm pursuant to section 134-2 shall register the firearm in the manner prescribed by this section within five days of acquisition. If the firearm is acquired from a person who is not a dealer licensed under section 134-31 or a dealer licensed by the United States Department of Justice, the firearm shall be physically inspected by the chief of police of the appropriate county or designee at the time of registration. The registration of all firearms shall be on forms prescribed by the attorney general, which shall be uniform throughout the State, and shall include the following information: name of the manufacturer and importer; model; type of action; caliber or gauge; serial number; and source from which receipt was obtained, including the name and address of the prior registrant. If the firearm has been assembled from separate parts and an unfinished firearm receiver, the entity that registered the firearm receiver shall be recorded in the space provided for the name of the manufacturer and importer, and the phrase "assembled from parts" shall be recorded in the space provided for model. If the firearm has been assembled from parts created using a three-dimensional printer, the entity that registered the firearm receiver shall be recorded in the space provided for the name of the manufacturer and importer, and the phrase "3-D printer" shall be recorded in the space provided for model. If the firearm has no serial number, the registration number shall be entered in the space provided for the serial number, and the registration number shall be engraved upon the receiver portion of the firearm before registration. On firearms assembled from parts created using a three-dimensional printer, the registration number shall be engraved on stainless steel, permanently embedded to the firearm receiver during fabrication or construction, and visible when the firearm is assembled. Firearms and firearm receivers with engraved or embedded registration numbers, even if done by a dealer licensed under section 134-31 or a dealer licensed by the United States Department of Justice, shall be physically inspected by the chief of police of the appropriate county or designee at the time of registration. All registration data that would identify the individual registering the firearm by name or address shall be confidential and shall not be disclosed to anyone, except as may be required:

(1) For processing the registration;

(2) For database management by the Hawaii criminal justice data center;

(3) By a law enforcement agency for the lawful performance of its duties; or

(4) By order of a court.

(c) Dealers licensed under section 134-31 or dealers licensed by the United States Department of Justice shall register firearms pursuant to this section on registration forms prescribed by the attorney general and shall not be required to have the firearms physically inspected by the chief of police at the time of registration, except as provided in subsection (b). An authorized dealer, as provided in section 134-31, or a dealer licensed by the United States Department of Justice, who brings, assembles, or causes to be brought into the State by any other means, separate parts and an unfinished firearm receiver that when assembled create a firearm, or parts created by a three-dimensional printer that when assembled create a firearm, shall register the unfinished firearm receiver and receive a serial number before the assembly of the firearm or the sale or transfer of unassembled firearm parts or a receiver to a third party in accordance with subsection (b). Any sale or transfer of unfinished firearm receivers by an authorized dealer to a third party shall be conducted as if they were fully assembled firearms with a serial number engraved on the firearm receiver and in accordance with the firearms permitting process in section 134-2.

(d) Registration shall not be required for:

(1) Any device that is designed to fire loose black powder or that is a firearm manufactured before 1899;

(2) Any device not designed to fire or made incapable of being readily restored to a firing condition; or

(3) All unserviceable firearms and destructive devices registered with the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice pursuant to Title 27, Code of Federal Regulations.

(e) Every person who permanently moves firearms out of the State shall contact and notify the county police department in the county where the firearms are registered about the removal of the firearms within five days of the removal from the State . Any person who fails to timely notify the appropriate police department shall be subject to a civil penalty of $100 per firearm.

(f) No fee shall be charged for the registration of a firearm under this section, except for a fee chargeable by and payable to the registering county for persons registering a firearm under subsection (a), in an amount equal to the fee charged by the Hawaii criminal justice data center pursuant to section 846-2.7. In the case of a joint registration, the fee provided for in this section may be charged to each person.

(g) No person less than twenty-one years of age shall bring or cause to be brought into the State any firearm. [L 1988, c 275, pt of §2; am L 1994, c 204, §4; am L 1999, c 217, §2; am L 2007, c 9, §7; am L 2013, c 254, §2; am L 2016, c 108, §3; am L 2019, c 257, §2; am L 2020, c 68, §2 and c 74, §5; am L 2022, c 30, §§2,5; am L 2023, c 52, §13]
Haw. Rev. Stat. § 135-1 — HI Code / Division 1 / Title 10 / Chapter 135 / Section 135-1
Definitions.
Status: in_force

As used in this chapter:

"Chief of police" means the chief of police of the respective counties and their authorized representatives.

"County" means any county or political subdivision of the State.

"Emergency" means the imminent or actual occurrence of an event, which has the likelihood of causing extensive injury, death, property damage, or impedes the safe and necessary movement of persons or vehicles over public highways, including but not limited to the spillage of hazardous material on a public highway or public place.

"Emergency area" means the area in which an emergency occurs or is likely to occur.

"Owner" means any individual, partnership, firm, society, unincorporated association, joint venture group, hui, joint stock company, corporation, trustee, personal representative, trust estate, decedent's estate, trust, or other legal entity whether doing business for itself or in a fiduciary capacity, that owns or controls the real property.

"Public highway" means all state and county roads, alleys, streets, ways, lanes, bikeways, and bridges.

"Traffic accident" means an accident involving motorists, pedestrians, or bicyclists, or a combination, on [a] public highway which impedes the safe and necessary movement of persons or vehicles. [L 1997, c 313, pt of §2]
Haw. Rev. Stat. § 128D-2.5 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-2.5
Toxicologists.
Status: in_force

The department may establish permanent exempt positions known as toxicologists for the purpose of assessing human health risk. The positions shall be appointed by the director without regard to chapter 76.
Haw. Rev. Stat. § 134-88 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-88
Storage of electric gun; responsibility with respect to minors.
Status: in_force

(a) No person shall store or keep any electric gun on any premises under the person's control if the person knows or reasonably should know that a minor is likely to gain access to the electric gun, unless the person:

(1) Keeps the electric gun in a securely locked box or other container or in a location that a reasonable person would believe to be secure; or

(2) Carries the electric gun on the person or within such close proximity thereto that the minor cannot gain access or control of the electric gun.

(b) Any person violating this section shall be guilty of a misdemeanor. [L 2021, c 183, pt of §2]
Haw. Rev. Stat. § 122A-11 — HI Code / Division 1 / Title 10 / Chapter 122A / Section 122A-11
Employment.
Status: in_force

Whenever the governor determines that, because of invasion, insurrection, riot, civil disorder, unlawful combination or conspiracy, catastrophe, natural or human caused disaster, or imminent danger thereof, the public safety and order cannot be preserved or the laws cannot be enforced by the civil authorities or the national guard, or as otherwise provided by law, the governor may call the Hawaii state defense force, or such part of it as may be required, into the active service of the State for the duration of the condition which required its call.
Haw. Rev. Stat. § 127A-32 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-32
Effect of this chapter on other laws.
Status: in_force

All laws inconsistent with the provisions of this chapter, or of any rule issued under the authority of this chapter, shall be suspended during the period of time and to the extent that the emergency or disaster exists, and may be, by the governor for all laws, or mayor for county laws, designated as so suspended.
Haw. Rev. Stat. § 132D-14.5 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-14.5
Liability of homeowner, renter, or person otherwise responsible for real property.
Status: in_force

(a) Except as provided in subsections (b) and (c), a homeowner, renter, or person otherwise responsible for real property who intentionally, knowingly, recklessly, or negligently:

(1) Allows an individual, while on the real property, to possess, set off, ignite, discharge, or otherwise cause to explode any aerial devices, articles pyrotechnic, or display fireworks without a permit issued pursuant to this chapter shall be guilty of a petty misdemeanor;

(2) Allows any aerial devices, articles pyrotechnic, display fireworks, or pyrotechnic composition to be stored in the real property without a license issued pursuant to this chapter shall be guilty of a misdemeanor; and

(3) Notwithstanding paragraph (2), allows any aerial devices, articles pyrotechnic, display fireworks, or pyrotechnic composition to be stored in the real property, if the total weight of the aerial devices, articles pyrotechnic, display fireworks, and pyrotechnic composition is twenty-five pounds or more without a license issued pursuant to this chapter, shall be guilty of a class C felony .

(b) Any person who would otherwise be subject to sentencing under subsection (a) shall be guilty of an offense one class or grade higher, as the case may be, than that provided in subsection (a) if:

(1) The person has been convicted one or more times for any offense under this chapter within ten years of the instant offense; or

(2) Any of the aerial devices, articles pyrotechnic, display fireworks, or pyrotechnic composition possessed, set off, ignited, discharged, otherwise caused to explode, or stored in violation of subsection (a) cause substantial bodily injury to another person.

(c) Any person who would otherwise be subject to sentencing under subsection (a) shall be guilty of an offense two classes or grades higher, as the case may be, than that provided in subsection (a) if any of the aerial devices, articles pyrotechnic, display fireworks, or pyrotechnic composition possessed, set off, ignited, discharged, otherwise caused to explode, or stored in violation of subsection (a) cause serious bodily injury or death to another person.

(d) The state of mind requirement for subsections (b) and (c) shall not be applicable to whether the person was aware that any of the aerial devices, articles pyrotechnic, display fireworks, or pyrotechnic composition caused or would cause the injury or death. A person shall be strictly liable with respect to the attendant circumstance that the aerial devices, articles pyrotechnic, display fireworks, or pyrotechnic composition caused the injury or death. [L 2019, c 248, §1; am L 2025, c 243, §13]
Haw. Rev. Stat. § 127A-28 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-28
Enforcement of injunction proceedings; interventions.
Status: in_force

(a) Whenever in the opinion of the governor or mayor, as applicable, any person has engaged or is about to engage in any act or practice that constitutes or will constitute a violation of any provision of this chapter, or any rule of the governor or mayor issued under this chapter, having the force and effect of law, the governor or mayor may make application to the appropriate court in the name of the State or county for an order enjoining the acts or practices, or for such other order as will enforce compliance with the provisions, and upon a showing by the governor or mayor in such manner and form as is usual in injunction cases, that the person has engaged or is about to engage in any such act or practice, a permanent or temporary injunction, restraining order, or other appropriate order shall be granted without bond.

(b) The governor may intervene in the name of the State or the mayor may intervene in the name of the county, as applicable, in any action or proceeding wherein a party asserts a right or relies for ground of relief or defense upon this chapter or upon any rule or order of the governor or mayor issued under this chapter, or, in the judgment of the governor or mayor, there is an issue to be presented that involves enforcement of this chapter or the rules. [L 2014, c 111, pt of §2]
Haw. Rev. Stat. § 132-38 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-38
State fire marshal; terms of employment.
Status: in_force

(a) The state fire marshal shall be the administrator of the office. If a state fire marshal has not already been appointed by the state fire council by June 30, 2025, as set forth in Act 209, Session Laws of Hawaii 2024, the state fire marshal shall be appointed by the governor from a list of three names submitted by the state fire council. The state fire marshal shall serve for a term of five years. The appointment of the state fire marshal shall be made without regard to chapters 76 and 89, and shall not be subject to the advice and consent of the senate. If a vacancy occurs, the state fire council shall meet expeditiously to submit a list of three names to the governor for a new state fire marshal to serve the remainder of the unexpired term.

(b) The state fire marshal shall be qualified to direct the technical and executive work of the office and shall have education or training related to the programs of the office and significant experience in managing fire protection or related programs. [L 2025, c 302, pt of §3]
Haw. Rev. Stat. § 138-5 — HI Code / Division 1 / Title 10 / Chapter 138 / Section 138-5
Disbursements from the fund.
Status: in_force

(a) Every public safety answering point shall be eligible to seek disbursements from the fund to pay for the reasonable costs to lease, purchase, or maintain all necessary equipment, including computer hardware, software, and database provisioning, required by the public safety answering point to provide technical functionality for the 911 service. Reasonable costs may include expenses directly associated with the planning phases and training of personnel in any new and emerging technologies involving 911 services. All other expenses necessary to operate the public safety answering point, including but not limited to those expenses related to overhead, staffing, and other day-to-day operational expenses, shall continue to be paid through the general funding of the respective counties.

(b) Every public safety answering point shall be eligible to seek disbursements from the fund to pay for the reasonable costs associated with having representatives, other than board members, on board committees, including established and investigative committees.

(c) Each communications service provider may request reimbursement from the fund of 911 service costs incurred; provided that the costs:

(1) Are recoverable under section 138-4(d); and

(2) Have not already been reimbursed to the communications service provider from the fund.

In no event shall a communications service provider be reimbursed for any amount above its actual 911 service costs allowed to be recovered under section 138-4(d).

(d) Every communications service provider may seek disbursements from the fund to pay for the reasonable costs associated with having representatives, other than board members, on board committees, including established and investigative committees.

(e) After the expenses of the board are paid, the public safety answering points shall be allocated two-thirds of the remaining balance of the fund. The remaining one-third shall be available for communications service provider cost recovery. The board shall determine the reimbursement amounts for the public safety answering points, based on the limitations set forth in section 138-5(a). The reimbursement level for each communications service provider shall be limited:

(1) To one-third of the total contribution made by the individual communications service provider into the fund; provided that this method of direct reimbursement shall not be available to the provider of wire line 911; and

(2) As provided in subsection (c). [L 2004, c 159, pt of §2; am L 2011, c 168, pt of §1; am L 2024, c 66, §6]
Haw. Rev. Stat. § 121-13 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-13
Commissioned by commander in chief.
Status: in_force

All commissioned officers of the army or air national guard shall be commissioned by the commander in chief but the commander in chief may refuse to issue a commission to any person, if in the commander in chief's opinion, the person is in any way unqualified or unworthy to be an officer. All commissions in the military service of this State shall be in the name and by authority of the State, sealed with the state seal, signed by the governor, attested by the adjutant general, and recorded in rosters periodically prepared and printed by the department of defense.
Haw. Rev. Stat. § 121-31 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-31
Hawaii Code of Military Justice to apply.
Status: in_force

Whenever any portion of the militia, including the army or air national guard, is on active service pursuant to the order of the governor, or is on duty or ordered to assemble for duty in time of war, insurrection, invasion, public danger, or to aid the civil authorities on account of any breach of the peace, tumult, riot, resistance to the process of the State, or imminent danger thereof, or while engaged in disaster relief or for any other cause, the Hawaii Code of Military Justice and rules adopted to administer and implement that Code, shall be enforced and regarded as a part of this chapter until the forces are relieved from duty.
Haw. Rev. Stat. § 128D-32 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-32
Definitions.
Status: in_force

As used in this part, unless the context otherwise requires:

"Prospective purchaser" means a prospective owner, operator, tenant, developer, lender, or any other party who would not otherwise be liable under section 128D-6, prior to a voluntary response action being conducted.

"Requesting party" means the person or persons submitting an application to conduct a voluntary response action.

"Voluntary response action" means a response conducted voluntarily by a requesting party. [L 1997, c 377, pt of §2; am L 2005, c 133, §2]
Haw. Rev. Stat. § 122A-3 — HI Code / Division 1 / Title 10 / Chapter 122A / Section 122A-3
Rules.
Status: in_force

The governor shall adopt rules pursuant to section 121-5 governing the recruitment, organization, administration, equipment, facilities, training, and discipline of the Hawaii state defense force. Such rules shall, to the extent practicable, conform to regulations governing the national guard and shall be consistent with federal law and regulations pertaining to state defense forces.
Haw. Rev. Stat. § 127A-15 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-15
Proclamations, how made; service of papers.
Status: in_force

(a) Every proclamation of the governor or mayor for which provision is made by this chapter, shall be promulgated by posting on the applicable state or county emergency management agency website and by means calculated to bring its contents to the attention of the general public, including by official announcement by means of television or radio broadcast, or both, or by Internet, or such other means as may be available. The proclamation shall remain posted on the agency website until the state of emergency terminates automatically or by subsequent proclamation.

(b) Any process, notice, or order, service of which is provided for by this chapter, may be served by any law enforcement officer or person authorized by the governor or mayor, any other provision of law to the contrary notwithstanding. [L 2014, c 111, pt of §2]
Haw. Rev. Stat. § 134-8 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-8
Ownership, etc.
Status: in_force

§134-8 Ownership, etc., of automatic firearms, silencers, etc., prohibited; penalties. (a) The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following shall be prohibited: assault pistols, except as provided by section 134-4(e); automatic firearms; rifles with barrel lengths less than sixteen inches; ghost guns; shotguns with barrel lengths less than eighteen inches; cannons; mufflers, silencers, or devices for deadening or muffling the sound of discharged firearms; hand grenades, dynamite, blasting caps, bombs, or bombshells, or other explosives; or any type of ammunition or any projectile component thereof coated with teflon or any other similar coating designed primarily to enhance its capability to penetrate metal or pierce protective armor; and any type of ammunition or any projectile component thereof designed or intended to explode or segment upon impact with its target.

(b) Any person who installs, removes, or alters a firearm part with the intent to convert the firearm to an automatic firearm shall be deemed to have manufactured an automatic firearm in violation of subsection (a).

(c) The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of detachable ammunition magazines with a capacity in excess of ten rounds that are designed for or capable of use with a pistol shall be prohibited. This subsection shall not apply to magazines originally designed to accept more than ten rounds of ammunition that have been modified to accept no more than ten rounds and that are not capable of being readily restored to a capacity of more than ten rounds.

(d) Any person violating subsection (a) or (b) shall be guilty of a class C felony and shall be imprisoned for a term of five years without probation. Any person violating subsection (c) shall be guilty of a misdemeanor except when a detachable magazine prohibited under this section is possessed while inserted into a pistol in which case the person shall be guilty of a class C felony.

(e) In any prosecution for the manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of a ghost gun, it shall be an affirmative defense that the person holds a current license to sell and manufacture firearms for sale under section 134-31, or that the person is a dealer licensed by the United States Department of Justice, or that the firearm is not required to have a serial number under the federal Gun Control Act of 1968. [L 1988, c 275, pt of §2; am L 1989, c 261, §6 and c 263, §4; am L 1992, c 286, §§3, 4; am L 2025, c 18, §3]
Haw. Rev. Stat. § 134-53 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-53
Butterfly knives; prohibitions; penalty.
Status: in_force

(a) Whoever knowingly carries concealed on the person, or in a bag or other container carried by the person, any butterfly knife shall be guilty of a misdemeanor.

(b) Whoever knowingly possesses or intentionally uses or threatens to use a butterfly knife while engaged in the commission of a separate felony or misdemeanor shall be guilty of a class C felony; provided that a person shall not be prosecuted under this subsection when the separate felony or misdemeanor is an offense otherwise defined by this chapter.

(c) A conviction and sentence under subsection (b) shall be in addition to and not in lieu of any conviction and sentence for the separate felony or misdemeanor; provided that the sentence imposed under subsection (b) may run concurrently or consecutively with the sentence for the separate felony or misdemeanor.

(d) It shall be a defense to a prosecution under subsection (a) that the person was lawfully present in the person's own home at the time of the offense.

(e) For the purposes of this section, "butterfly knife" means any knife having a blade encased in a split handle that manually unfolds with hand or wrist action with the assistance of inertia, gravity, or both. [L 1999, c 285, §1; am L 2024, c 21, §6]
Haw. Rev. Stat. § 132-4.5 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-4.5
Investigation of fires; immunity for information received from insurers.
Status: in_force

(a) The fire chief of each county or the state fire marshal may require any insurer in writing to release information relating to any investigation the insurer has made concerning a loss or potential loss due to fire of suspicious or incendiary origin which information shall include but not be limited to:

(1) An insurance policy relating to the loss;

(2) Policy premium records;

(3) History of previous claims; and

(4) Other relevant material relating to the loss or potential loss.

(b) If any insurer has reason to suspect that a fire loss to its insured's real or personal property was caused by incendiary means, the insurer shall furnish the county fire chief or state fire marshal with all relevant material acquired during its investigation of the fire loss, cooperate with and take action as may be required of it by the county fire chief or state fire marshal, and permit any person ordered by the court to inspect any of its records pertaining to the policy and the loss. The insurer may request the county fire chief or state fire marshal to release information relating to any investigation the fire chief or state fire marshal has made concerning any fire loss of suspicious or incendiary origin.

(c) In the absence of fraud, malice, or criminal act, no insurer or person who furnishes information on its behalf, shall be liable for damages in a civil action or be subject to criminal prosecution for any oral or written statement made that is necessary to supply information required pursuant to this section.

(d) The county fire chief or state fire marshal receiving any information furnished pursuant to this section shall hold the information in confidence until its release is required in furtherance of a criminal or civil proceeding.

(e) The county fire chief, in person or by officers or members of the fire chief's fire department, or the state fire marshal, in person or by deputies or employees of the office of the state fire marshal, may be required to testify as to any information in the fire chief's or state fire marshal's possession regarding the fire loss of real or personal property in any civil action in which any person seeks recovery under a policy against any insurance company for the fire loss. [L 1979, c 215, §1; gen ch 1985; am L 2025, c 302, §8]
Haw. Rev. Stat. § 127A-31 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-31
Penalties prescribed by this chapter additional to other penalties.
Status: in_force

If conduct prohibited by or under the authority of this chapter is also made unlawful by another or other laws, the offender may be convicted as provided in this chapter and for the violation of the other law or laws.
Haw. Rev. Stat. § 132C-4 — HI Code / Division 1 / Title 10 / Chapter 132C / Section 132C-4
Certification; marking; administration.
Status: in_force

(a) Each manufacturer shall submit to the state fire council written certification attesting that each cigarette has been tested in accordance with, and has met the performance standard required under section 132C-3. The description of each cigarette listed in the certification shall include:

(1) The brand or trade name on the package;

(2) Style, such as light or ultra light;

(3) Length in millimeters;

(4) Circumference in millimeters;

(5) Flavor, such as menthol, if applicable;

(6) Filter or nonfilter;

(7) Package description, such as a soft pack or box;

(8) The mark approved pursuant to subsection (b);

(9) The name, address, and telephone number of the laboratory, if different than the manufacturer that conducted the test; and

(10) The date that the testing occurred.

Each cigarette certified under this subsection shall be recertified every three years. For each cigarette listed in a certification, a manufacturer shall pay to the state fire council a $375 fee to be deposited into the reduced ignition propensity cigarette program special fund under section 132C-9. The state fire council is authorized to annually adjust this fee to ensure it defrays the actual costs of the administration and staffing requirements and processing, testing, enforcement, inspection, and oversight activities required by this chapter.

The certifications shall be made available to the attorney general for purposes consistent with this chapter.

(b) Cigarettes that have been certified pursuant to subsection (a) shall be marked pursuant to the following requirements:

(1) The marking shall be in a font of at least eight-point type and shall include one of the following:

(A) Modification of the product's universal product code to include a visible mark printed at or around the area of the universal product code. The mark may consist of one or more alphanumeric or symbolic characters permanently stamped, engraved, embossed, or printed in conjunction with the universal product code;

(B) Any visible combination of alphanumeric or symbolic characters permanently printed, stamped, engraved, or embossed on the cigarette package or the cellophane wrap; and

(C) Printed, stamped, engraved, or embossed text that indicates that the cigarettes meet the standards of this section; and

(2) Prior to the certification of any cigarette, a manufacturer shall request approval of a proposed marking from the state fire council. Upon receipt of the request, the state fire council shall approve or disapprove the marking offered, except that the state fire council shall approve:

(A) Any marking approved and in use for the sale of cigarettes in the state of New York; or

(B) The letters "FSC", which signifies fire standards compliant, appearing in eight-point type or larger and permanently printed, stamped, engraved, or embossed on the package at or near the universal product code.

A marking shall be deemed approved if the state fire council fails to act within ten business days of receiving a request for approval. A manufacturer shall not use a modified marking unless the modification has been approved in accordance with this chapter. A manufacturer shall use only one marking and shall apply this marking uniformly for all packages, including packs, cartons, and cases, and brands marketed by that manufacturer.

(c) The state fire council shall be notified as to the marking that is selected.

(d) A manufacturer shall provide a copy of certifications to all wholesalers to which the manufacturer sells cigarettes and shall provide sufficient copies of an illustration of the packaging marking approved and used by the manufacturer pursuant to subsection (b) for each of the dealers that purchases cigarettes from any of those wholesalers. Wholesalers shall provide a copy of the illustration to all dealers to which they sell cigarettes. Wholesalers and dealers shall permit the state fire council and the attorney general to inspect markings on cigarette packaging at any time. [L 2008, c 218, pt of §1; am L 2011, c 189, §3]
Haw. Rev. Stat. § 122A-7 — HI Code / Division 1 / Title 10 / Chapter 122A / Section 122A-7
Discharge; dismissal.
Status: in_force

(a) Upon expiration of the term of service for which enlisted or appointed, a member of the Hawaii state defense force shall be entitled to a discharge; provided that no member shall be discharged by reason of expiration of term of service while employed in the active service of the Hawaii state defense force under section 122A-11.

(b) Subject to rules adopted by the governor, a member of the Hawaii state defense force may be discharged or dismissed prior to the expiration of the member's term of service for misconduct, inefficiency, personal hardship, or such other cause as the governor may prescribe.

(c) No officer shall be dismissed or discharged under conditions other than honorable, except by sentence of a court-martial or by order of the governor upon recommendation of a board of officers.

(d) Subject to rules adopted by the governor, every discharge of a member of the Hawaii state defense force shall reflect the character of the member's service. [L 1987, c 35, pt of §1; am L 1988, c 135, §1]
Haw. Rev. Stat. § 132D-20 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-20
Enforcement; probable cause for arrest.
Status: in_force

(a) This chapter shall be enforced by the department of law enforcement or each county. The department of law enforcement and counties, or both, are authorized to enforce and administer the provisions of this chapter.

(b) Arrests for offenses under this chapter or under a county fireworks ordinance shall be made in compliance with chapter 803. The facts and circumstances to establish probable cause for an arrest may include but are not limited to:

(1) Statements from individuals who witnessed the offense, even if those individuals are not law enforcement officers; and

(2) Photographs, video recordings, or other recordings that show the commission of the offense and can be authenticated by one or more witnesses; provided that a recording made using an unmanned aerial vehicle shall be exempt from the requirement of authentication by one or more witnesses.

(c) Video recordings or other recordings made by a law enforcement agency using, controlling, or operating an unmanned aerial vehicle may be used to establish probable cause pursuant to chapter 803 for an arrest if:

(1) The unmanned aerial vehicle is recording directly above a public park, street, sidewalk, or easement, or any public property ; and

(2) The act leading to the arrest is committed on a public park, street, sidewalk, or easement, or any public property .

(d) For the purposes of this section:

"Other recording" includes any photograph or a video made using an unmanned aerial vehicle.

"Unmanned aerial vehicle " means any aerial vehicle that is operated without the possibility of direct human intervention within or on the aerial vehicle. "Unmanned aerial vehicle" does not include a remote-controlled airplane. [L 1994, c 180, pt of §1; am L 2000, c 233, §15; am L 2019, c 248, §3; am L 2024, c 208, §8; am L 2025, c 244, §1]
Haw. Rev. Stat. § 128A-12 — HI Code / Division 1 / Title 10 / Chapter 128A / Section 128A-12
Statewide interoperable communications executive committee.
Status: in_force

There is established within the department of law enforcement for administrative purposes the statewide interoperable communications executive committee.
Haw. Rev. Stat. § 132-40 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-40
Deputies and assistants.
Status: in_force

The state fire marshal shall appoint two deputy state fire marshals, exempt from chapters 76 and 89, whose duties shall be to assist in implementing this chapter. The office may also employ other assistants and employees, subject to chapter 76, and incur other expenses as the state fire marshal may deem necessary to effectively administer the office. Each deputy state fire marshal shall be well-qualified by technical training and experience in the functions to be performed by the individual. The state fire marshal may remove any deputy state fire marshal for cause.
Haw. Rev. Stat. § 136-5 — HI Code / Division 1 / Title 10 / Chapter 136 / Section 136-5
Exemptions.
Status: in_force

Sections 136-3 and 136-4 shall not apply to any hand-held laser devices used in a recreational activity commonly referred to as "laser tag", and which activity is offered for a fee by an amusement or recreation facility, provided that the devices shall be collected by the operator of the facility following their use.
Haw. Rev. Stat. § 125-3 — HI Code / Division 1 / Title 10 / Chapter 125 / Section 125-3
Charges.
Status: in_force

Whenever under this chapter any transportation or services are furnished or commodities sold by the State, such charges shall be made and collected therefor as will compensate the State for its expenditures in connection therewith. Any moneys realized are reappropriated for the purposes of this chapter. [L Sp 1949, c 21, §3; RL 1955, §357-3; HRS §125-3]
Haw. Rev. Stat. § 132D-5.3 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-5.3
Distributing fireworks or articles pyrotechnic to non-permit holder.
Status: in_force

(a) A person commits the offense of distributing fireworks or articles pyrotechnic to non-permit holder when the person, who holds a valid license required pursuant to section 132D-7, intentionally, knowingly, or recklessly distributes aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks to another person who does not have a valid permit required pursuant to sections 132D-10 and 132D-16.

(b) Except as provided in subsections (c) and (d), the offense of distributing fireworks or articles pyrotechnic to non-permit holder shall be a class C felony.

(c) The offense of distributing fireworks or articles pyrotechnic to non-permit holder shall be a class B felony if:

(1) The person has been convicted one or more times for any offense under this chapter within ten years of the current offense; or

(2) Any of the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks distributed in the commission of the offense cause substantial bodily injury to another person.

(d) The offense of distributing fireworks or articles pyrotechnic to non-permit holder shall be a class A felony if any of the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks distributed in the commission of the offense cause serious bodily injury or death to another person.

(e) The state of mind requirement for subsections (c)(2) and (d) shall not be applicable to whether the person was aware the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks caused or would cause the injury or death. A person shall be strictly liable with respect to the result that the aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks caused the injury or death. [L 2025, c 243, pt of §2]
Haw. Rev. Stat. § 121-39 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-39
Pay of officers and warrant officers while on active duty.
Status: in_force

Officers and warrant officers of the army or air national guard while on active duty in the service of the State shall receive the pay and allowances of officers and warrant officers of similar grades of the United States Army and Air Force, respectively; provided that:

(1) The State shall allow officers and warrant officers to directly deposit their pay by electronic means to their personal banking accounts;

(2) If an officer or warrant officer is activated for more than thirty days in the service of the State and is not otherwise covered by health insurance, the State shall provide an allowance for the payment of TRICARE reserve select, TRICARE dental, and vision coverage for the individual officer or warrant officer and TRICARE reserve select coverage for the officer's family should the officer or warrant officer have eligible dependents; and

(3) No pay or allowances shall be made to officers or warrant officers for any service for which they receive military pay and allowances from the United States. [L 1967, c 196, pt of §1; HRS §121-39; am L 2007, c 31, §1; am L 2024, c 71, §1; am L 2025, c 181, §1]
Haw. Rev. Stat. § 121-20 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-20
Enlistment.
Status: in_force

Enlistment in the army or air national guard shall be in a manner, form, and for a period of time as may be provided by the laws of the United States, and regulations issued from time to time. No person shall be enlisted in the army or air national guard whose services during the person's preceding term of enlistment have not been honest and faithful.
Haw. Rev. Stat. § 130-1 — HI Code / Division 1 / Title 10 / Chapter 130 / Section 130-1
Emergency seat of state government.
Status: in_force

Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of state government at the normal location of the seat thereof in Honolulu, city and county of Honolulu, the governor shall, as often as the exigencies of the situation require, by proclamation, declare an emergency temporary location, or locations, for the seat of government at such place, or places, within or without the State as the governor may deem advisable under the circumstances, and shall take such action and issue such orders as may be necessary for an orderly transition of the affairs of state government to the emergency temporary location, or locations. The emergency temporary location, or locations, shall remain as the seat of government until the legislature shall by law establish a new location, or locations, or until the emergency is declared to be ended by the governor and the seat of government is returned to its normal location.
Haw. Rev. Stat. § 122A-14 — HI Code / Division 1 / Title 10 / Chapter 122A / Section 122A-14
Acceptance of gratuities.
Status: in_force

No member of the Hawaii state defense force, by reason of membership therein, shall solicit or accept any compensation, gift, donation, gratuity, or thing of value from any source whatever except the pay and allowances provided under this chapter. Any person who violates this section shall be punished as may be directed by nonjudicial punishment or a court-martial.
Haw. Rev. Stat. § 128E-8 — HI Code / Division 1 / Title 10 / Chapter 128E / Section 128E-8
Funds for operation.
Status: in_force

(a) The department shall establish an account, to be called the local emergency response planning committees account, within the environmental response revolving fund pursuant to section 128D-2, for the purpose of administration and oversight of this chapter.

(b) All moneys to meet the general operating needs and expenses of the emergency planning and community right-to-know program of the department shall be allocated by the legislature through appropriations out of the state general fund and the environmental response revolving fund; provided that the appropriations from the environmental response revolving fund shall not exceed the amount of moneys collected from the filing fees assessed in section 128E-9. The department shall include in its budgetary request for each upcoming fiscal period the amounts necessary to effectuate the purposes of this chapter.

(c) The department of health, with the assistance of the department of budget and finance and department of accounting and general services, shall prepare a report for the legislature concerning the amount of moneys collected during the preceding fiscal year, the amount of moneys collected to date during the current fiscal year, and the amount of moneys to be collected during the upcoming fiscal year, pursuant to sections 128E-9 and 128E-11. The department shall submit the foregoing report to the legislature not less than twenty days prior to the convening of each regular session of the legislature. [L 1993, c 300, pt of §1; am L 1997, c 260, §4]
Haw. Rev. Stat. § 134-84 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-84
Sale, offer for sale, distribution, or transfer of electric guns or cartridges.
Status: in_force

(a) A licensee shall post the license to sell, offer to sell, distribute, or otherwise transfer electric guns or cartridges, or a certified copy thereof, in a location readily visible to customers at each designated place of business. For internet sales by a licensee, the license number shall be prominently displayed and an electronic copy of the license shall be readily accessible to the customer.

(b) An individual licensee shall complete at least once every three years an electric gun safety or training course offered or approved by the county that focuses on:

(1) The safe use and handling of electric guns;

(2) Current information about the effects, dangers, risks, and limitations of electric guns; and

(3) Education on the existing state laws on electric guns.

A licensee shall keep copies of the certificates of completion of these training courses in the licensee's business records.

(c) A licensee shall not allow any employee to participate in the sale or transfer of electric guns or cartridges unless the employee completes at least once every three years the training courses described in subsection (b). The licensee shall keep copies of the certificates of completion of the training courses for each employee in the licensee's business records.

(d) If there is no manufacturer serial number on an electric gun or cartridge received into inventory by a licensee, then the licensee shall engrave on the electric gun or cartridge a legible unique serial number that begins with the licensee's license number, followed by a hyphen and a unique identifying number.

(e) A licensee shall keep records for all electric guns and cartridges received into inventory within the State, including:

(1) Information identifying the seller, distributor, or transferor of the electric gun or cartridge; and

(2) The transaction record for the electric gun or cartridge, including the date of receipt, a description of the electric gun or cartridge, the manufacturer's serial number or the unique identifying serial number engraved by the licensee, and, if available, the manufacturer and the model number.

(f) Before completing a sale, distribution, or other transfer of an electric gun, the licensee or an employee of the licensee shall conduct a criminal history background check of the recipient. At minimum, the criminal history background check shall be a name-based search of the adult criminal conviction records maintained by the Hawaii criminal justice data center. The licensee or employee of the licensee shall require the recipient to review a printed copy of the results of the background check. After the review, the recipient shall sign and date a declaration. The declaration shall be in the following form: "I, (name of recipient), declare under penalty of law that the attached document accurately reflects my adult criminal conviction history in Hawaii. I further declare that I do not have any convictions or charges pending against me that disqualify me from owning an electric gun. I further declare under penalty of law that I am not disqualified from owning an electric gun." The licensee or employee of the licensee shall witness the recipient sign the declaration and sign the declaration as a witness. If the recipient is disqualified from owning an electric gun, or refuses or is unable to sign or make the declaration, the licensee shall immediately terminate the sale, distribution, or transfer.

(g) Before completing a sale, distribution, or other transfer of an electric gun, the licensee or an employee of the licensee shall provide an informational briefing to the recipient that includes but is not limited to the following:

(1) The safe use and handling of electric guns;

(2) Current information about the effects, dangers, risks, and limitations of electric guns;

(3) Education on the existing state laws on electric guns; and

(4) The proper disposal of electric guns.

(h) Upon completion of the informational briefing, the licensee shall provide a certification of informational briefing that is signed and dated by the recipient and the person who provided the informational briefing acknowledging that the briefing was completed and that the recipient understood the briefing. The certification shall include the names of the recipient and the person who provided the informational briefing and the date of the briefing. The form of the certification shall be as provided by the county office that issued the license to the licensee.

(i) A licensee shall keep a record of the information provided to recipients during the informational briefing.

(j) A licensee shall keep records of all sales, distributions, and other transactions of electric guns and cartridges sold in the State or to a recipient in the State, including:

(1) The recipient's name, date of birth, address, and telephone number;

(2) A copy of the recipient's government-issued identification card or document;

(3) The transaction record for the electric gun or cartridge, including the date of the transaction; a description of the electric gun or cartridge; if available, the name of the manufacturer and serial and model numbers; and, if necessary, the unique serial number engraved by the licensee;

(4) The criminal history background check and declaration signed by the recipient and the licensee or licensee's employee as a witness; and

(5) A copy of the certification of informational briefing signed and dated by the recipient and the person who provided the briefing.

(k) A licensee shall keep a record of the licensee's current inventory of electric guns and cartridges.

(l) During normal business hours, a licensee shall allow the chief of police of the appropriate county or designee to inspect the licensee's books and records for all records required to be kept by the licensee for electric guns and cartridges. At the discretion of the chief of police of the appropriate county or designee, the inspection of the records may be conducted via facsimile transmittal of the records.

(m) A licensee shall keep records required by this section for a minimum of ten years. If a licensee, as a result of death or dissolution, cannot maintain the records, the records shall be turned over to the chief of police of the appropriate county or designee.

(n) When displaying or storing electric guns or cartridges at a designated place of business, a licensee shall display or store the electric guns and cartridges in a locked cabinet or area not accessible to the general public.

(o) During normal business hours, a licensee shall allow the chief of police of the appropriate county or designee to physically inspect all electric guns and cartridges in the possession and control of the licensee wherever they may be located within the State.

(p) Any person, including any licensee, violating this section shall be guilty of a misdemeanor.

(q) A license may be suspended or revoked for a violation of any of the requirements of this section. [L 2021, c 183, pt of §2]
Haw. Rev. Stat. § 130-4 — HI Code / Division 1 / Title 10 / Chapter 130 / Section 130-4
Effect of official county acts.
Status: in_force

During the period when the public business is being conducted at the emergency temporary location, or locations, the governing body and other officers of a county shall have and possess and shall exercise, at the location, or locations, all of the executive, legislative, and judicial powers and functions conferred upon the body and officers by or under the laws of the State. The powers and functions may be exercised in the light of the exigencies of the emergency situation without regard to or compliance with time-consuming procedures and formalities prescribed by law and pertaining thereto, and all acts of such body and officers shall be as valid and binding as if performed within the territorial limits of their county.
Haw. Rev. Stat. § 125-6 — HI Code / Division 1 / Title 10 / Chapter 125 / Section 125-6
Investigations, surveys.
Status: in_force

The governor and the governor's authorized representative may make investigations and surveys for the purpose of ascertaining facts to be used in administering this chapter, and in making the investigations and surveys, may require the making, filing, or keeping of applications, schedules, records, reports, or statements, under oath or otherwise, administer oaths, take evidence under oath, subpoena witnesses, and require the production of books, papers, and records. Witnesses shall be allowed their fees and mileage as in cases in the circuit courts. The circuit court of any circuit or judge thereof may enforce by proper proceedings the attendance and testimony of any witness subpoenaed to appear within the circuit, or the production of books, papers, and records. [L Sp 1949, c 21, §6; RL 1955, §357-6; HRS §125-6; gen ch 1985]
Haw. Rev. Stat. § 136-2 — HI Code / Division 1 / Title 10 / Chapter 136 / Section 136-2
Harassment; prohibited.
Status: in_force

No person eighteen years of age or over shall intentionally focus, point, or shine a laser pointing device directly or indirectly into the eye or eyes of another person, or upon another person or animal, in such a manner as would reasonably be expected to annoy, harass, or alarm the person or animal.
Haw. Rev. Stat. § 134-87 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-87
Exemptions.
Status: in_force

(a) Sections 134-82 and 134-86(f) shall not apply to:

(1) Law enforcement agencies and law enforcement officers acting within the course of their employment; and

(2) The Army or Air National Guard and its members when they are assisting civil authorities in disaster relief, emergency management, or law enforcement functions, subject to the requirements of section 121-34.5;

provided that the electric guns shall be acquired by the law enforcement agencies or the Army or Air National Guard and not individual law enforcement officers or members of the Army or Air National Guard, and shall remain in the custody and control of law enforcement agencies or the Army or Air National Guard.

(b) Law enforcement agencies that authorize use of electric guns by its law enforcement officers and the Army or Air National Guard shall:

(1) Provide training from the manufacturer or from a manufacturer-approved training program conducted by manufacturer-certified or manufacturer-approved instructors in the use of electric guns before deployment of the electric guns and related equipment in public;

(2) Maintain records regarding every electric gun in its custody and control, including every instance of usage of the electric guns, in a similar manner as records are maintained for the discharge of firearms; and

(3) Report to the legislature on the information in, and maintenance of, these records no later than twenty days prior to the convening of each regular session.

(c) The licensing requirement of sections 134-82(b) and 134-83 shall not apply to the sale of electric guns and cartridges by the electric gun manufacturers distributing directly to law enforcement agencies or the Army or Air National Guard. [L 2021, c 183, pt of §2]
Haw. Rev. Stat. § 134-9.2 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-9.2
[ §134-9.
Status: in_force

[ §134-9.2] Duty to maintain possession of license while carrying a firearm; duty to disclose; penalty. (a) A person carrying a firearm pursuant to a license issued under section 134-9 or in accordance with title 18 United States Code section 926B or 926C shall have in the person's immediate possession:

(1) The license issued under section 134-9 or documentation regarding the person's qualifications under title 18 United States Code section 926B or 926C;

(2) Government-issued photo identification; and

(3) Except with respect to firearms that are a part of the official equipment of any federal agency as provided under section 134-11(b), documentary evidence that the firearm being carried is registered under this chapter,

and shall, upon request from a law enforcement officer, present government-issued photo identification and the license or credentials and evidence of registration.

(b) When a person carrying a firearm, including a person carrying a firearm pursuant to a license issued under section 134-9 or in accordance with title 18 United States Code section 926B or 926C, is stopped by a law enforcement officer or is a driver or passenger in a vehicle stopped by a law enforcement officer, the person carrying a firearm shall immediately disclose to the law enforcement officer that the person is carrying a firearm , and shall, upon request:

(1) Identify the specific location of the firearm; and

(2) Present to the law enforcement officer a license to carry a firearm issued under section 134-9 or documentation regarding the person's qualifications under title 18 United States Code section 926B or 926C.

(c) Any person who violates this section shall be guilty of a petty misdemeanor. [L 2023, c 52, pt of §2]
Haw. Rev. Stat. § 132D-16.6 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-16.6
[ § 132D-16.
Status: in_force

[ § 132D-16.6] Display site inspection. Each county fire chief is authorized to conduct inspections of the persons conducting a display, including the site where the display is occurring or will occur within the fire chief's county to determine compliance with the applicable county code and the current editions of the National Fire Protection Association's "NFPA 1123: Code for Fireworks Display" and "NFPA 1126: Standard for the Use of Pyrotechnics Before a Proximate Audience". An inspection fee of $200 shall be assessed by the county upon the holder of a permit for a display under section 132D-10(2), which shall be separate from the display permit fee under that section. The inspection fee shall be paid to the county in which the display will occur, and shall be used to defray the cost of the official conducting the inspection of the display setup.
Haw. Rev. Stat. § 134-64 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-64
[ §134-64] Ex parte gun violence protective order.
Status: in_force

[ §134-64] Ex parte gun violence protective order. (a) A petitioner may request that an ex parte gun violence protective order be issued before a hearing for a one-year gun violence protective order, without notice to the respondent.

(b) The court shall issue or deny an ex parte gun violence protective order on the same day that the petition is submitted to the court, unless the petition is filed too late in the day to permit effective adjudication, in which case the order shall be issued or denied on the next business day.

(c) Before issuing an ex parte gun violence protective order, the court may examine under oath the petitioner and any witnesses the petitioner may produce.

(d) In determining whether sufficient grounds for an ex parte gun violence protective order exist, the court shall consider all relevant evidence presented by the petitioner, and may also consider other relevant evidence, including evidence of facts relating to the respondent's:

(1) Unlawful, reckless, or negligent use, display, storage, possession, or brandishing of a firearm;

(2) Act or threat of violence against the respondent's self or another person, regardless of whether the violence involves a firearm;

(3) Violation of a protective order or restraining order issued pursuant to chapter 586 or section 604-10.5, or a similar law in another state;

(4) Abuse of controlled substances or alcohol or commission of any criminal offense that involves controlled substances or alcohol; and

(5) Recent acquisition of any firearms, ammunition, or other deadly weapons.

(e) The court shall also consider the time that has elapsed since the events described in subsection (d).

(f) If the court finds probable cause to believe that the respondent poses an imminent danger of causing bodily injury to the respondent's self or another person by owning, purchasing, possessing, receiving, or having in the respondent's custody or control any firearm or ammunition, the court shall issue an ex parte gun violence protective order.

(g) An ex parte gun violence protective order issued pursuant to this section shall include:

(1) A statement that the respondent shall not own, purchase, possess, receive, transfer ownership of, or have in the respondent's custody or control, or attempt to purchase, receive, or transfer ownership of, any firearm or ammunition while the order is in effect;

(2) A description of the requirements for relinquishment of firearms and ammunition under section 134-67;

(3) A statement of the grounds asserted for the order;

(4) A notice of the hearing under section 134-63(d) to determine whether to issue a one­year gun violence protective order, including the address of the court and the date and time when the hearing is scheduled;

(5) A statement that at the hearing, the court may extend the order for one year; and

(6) A statement that the respondent may seek the advice of an attorney as to any matter connected with the order, and that the attorney should be consulted promptly so that the attorney may assist the respondent in any matter connected with the order.

(h) An ex parte gun violence protective order issued pursuant to this section shall be personally served on the respondent by an officer of the appropriate county police department. The officer shall file the proof of service with the court within one business day of service.

(i) In accordance with section 134-63(d), the court shall schedule a hearing within fourteen days of the granting of the petition for an ex parte gun violence protective order to determine if a one-year gun violence protective order shall be issued. A respondent may seek an extension of time before the hearing. The court shall dissolve any ex parte gun violence protective order in effect against the respondent if the court subsequently holds the hearing and issues or denies a one-year gun violence protective order. [L 2019, c 150, pt of §2]
Haw. Rev. Stat. § 134-103 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-103
[ § 134-103] Violations; who may sue; relief.
Status: in_force

[ § 134-103] Violations; who may sue; relief. (a) An act or omission by a firearm industry member in violation of this part shall constitute an actionable cause of action.

(b) A person who has suffered harm in the State because of a firearm industry member's violation of this part may bring an action in a court of competent jurisdiction.

(c) In addition to any lawsuit filed against a firearm owner pursuant to section 663-9.5, the attorney general or any county attorney or public prosecutor may bring a civil action in a court of competent jurisdiction in the name of the people of the State to enforce this part and remedy harm caused by a violation of this part.

(d) If a court determines that a firearm industry member engaged in conduct in violation of this part, the court may award any or all of the following:

(1) Injunctive relief sufficient to prevent the firearm industry member and any other defendant from further violating the law;

(2) Damages;

(3) Attorney's fees and costs; and

(4) Any other appropriate relief necessary to enforce this part and remedy the harm caused by the conduct.

(e) In an action alleging that a firearm industry member failed to establish, implement, and enforce reasonable controls in violation of section 134-102(b), there shall be a rebuttable presumption that the firearm industry member failed to implement reasonable controls if the following conditions are satisfied:

(1) The firearm industry member's action or failure to act created a reasonably foreseeable risk that the harm alleged by the claimant would occur; and

(2) The firearm industry member could have established, implemented, and enforced reasonable controls to prevent or substantially mitigate the risk that the harm would occur.

(f) If a rebuttable presumption is established pursuant to subsection (e), the firearm industry member shall have the burden of showing through a preponderance of the evidence that the firearm industry member established, implemented, and enforced reasonable controls.

(g) An intervening act by a third party, including but not limited to criminal use of a firearm-related product, shall not preclude a firearm industry member from liability under this part. [L 2023, c 28, pt of §1]
Haw. Rev. Stat. § 121-10 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-10
Administration.
Status: in_force

The adjutant general shall from time to time make and publish such orders and regulations, not inconsistent with law, as are necessary to bring the organization, armament, equipment, and discipline of the organized militia to a state of efficiency as nearly as possible approaching that of the army and air force of the United States. The adjutant general shall attest all commissions issued to military officers, appointments issued to warrant officers, maintain personnel records, superintend preparation of all letters and reports required by the United States from the State. The adjutant general shall have charge of the state military reservations, armories, and all other property of the State kept or used for military purposes. The adjutant general shall take an inventory at least once each year of all military stores, property, and funds under the adjutant general's jurisdiction. The adjutant general shall be the official custodian of the military records of all persons from the State who served in the armed forces of the United States during times of war or grave national emergency, including those records which are turned over to the State by the federal agency of selective service. The records shall be preserved perpetually in accordance with rules and regulations established by the adjutant general.

The adjutant general shall make an annual report of the operations of the adjutant general's department. [L 1967, c 196, pt of §1; HRS §121-10; gen ch 1985]
Haw. Rev. Stat. § 132D-8 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-8
Application for license.
Status: in_force

(a) All licenses required under section 132D-7 shall be issued by the county and shall be nontransferable. Licenses to import shall specify the date of issuance or effect and the date of expiration, which shall be March 31 of each year. The application shall be made on a form setting forth the date upon which the importations are to begin, the address of the location of the importer, and the name of the proprietor or, if a partnership, the name of the partnership and the names of all partners or, if a corporation, the name of the corporation and the names of its officers. The application for a license to import display fireworks, articles pyrotechnic, or aerial devices shall include written documentation of the proposed display event and related contact information in a form prescribed by the applicable county. If the state fire council or county discovers at a later date that a licensee has been convicted of a felony under this chapter, the licensee's license shall be revoked and no new license shall be issued to the licensee for two years.

(b) Each storage, wholesaling, and retailing site shall be required to obtain a separate license. The license shall specify the date of issuance or effect and the date of expiration, which shall be March 31 of each year. The application shall be made on a form setting forth the date upon which the storage or distribution are to begin, the address of the location of the licensee, and the name of the proprietor or, if a partnership, the name of the partnership and the names of all partners or, if a corporation, the name of the corporation and the names of its officers. Any license issued pursuant to this chapter may be revoked by the county if the licensee violates any provision of this chapter or if the licensee stores or handles the fireworks in a manner that presents an unreasonable safety hazard.

(c) Permanent and temporary fireworks storage buildings or structures and buildings or facilities where redistribution activities are performed shall comply with the currently adopted county building or fire codes or the latest edition of nationally recognized standards.

(d) It shall be unlawful for any licensee, other than a licensed wholesaler who is distributing fireworks or articles pyrotechnic to a licensed retailer pursuant to the person's license, to distribute any fireworks or articles pyrotechnic at any time to any person who does not present a permit duly issued as required by sections 132D-10 and 132D-16. The permit shall be signed by the seller or transferor at the time of distribution of the fireworks or articles pyrotechnic, and the seller or transferor shall indicate on the permit the amount and type of fireworks or articles pyrotechnic distributed. No person shall distribute fireworks to any permittee in any amount in excess of the amount specified in the permit, less the amount shown on the permit to have been previously purchased; provided that no fireworks shall be sold to a permittee holding a permit issued for purposes of section 132D-3, more than five calendar days before the applicable time period under section 132D-3.

(e) Aerial devices, display fireworks, or articles pyrotechnic shall only be sold or transferred by a wholesaler to a person with a valid permit under sections 132D-10 and 132D-16. No person with a valid permit under sections 132D-10 and 132D-16 shall sell or transfer aerial devices, display fireworks, or articles pyrotechnic to any other person.

(f) Any license issued pursuant to this chapter shall be prominently displayed in public view at each licensed location.

(g) A licensee under this chapter shall be deemed to have consented to allow the director or the director's designee to inspect the premises of the licensee, except the licensee's private residence. If a licensee withdraws consent to inspect the premises of the licensee, the license shall be revoked. [L 1994, c 180, pt of §1; am L 2000, c 233, §8; am L 2006, c 183, §8; am L 2011, c 127, §4; am L 2014, c 11, §2; am L 2024, c 208, §4; am L 2025, c 243, §7]
Haw. Rev. Stat. § 128D-23 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-23
Exemption from state and county permits.
Status: in_force

No state or county permit shall be required for the portion of any removal or remedial action conducted entirely on site where such response action is carried out in compliance with this chapter, or where such removal or remedial action is in response to a release of a hazardous substance or pollutant or contaminant that occurred in or on the coastal waters of the State and such removal or remedial action is carried out in compliance with this chapter, the National Contingency Plan, or at the direction of a federal or state on-scene coordinator.
Haw. Rev. Stat. § 121-11 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-11
Deputy adjutant general.
Status: in_force

The adjutant general may appoint and remove at the adjutant general's pleasure a deputy adjutant general, who shall have a grade no higher than brigadier general. The deputy adjutant general shall perform duties assigned to the deputy adjutant general by the adjutant general and shall act for and in the place of the adjutant general during the adjutant general's absence or disability.
Haw. Rev. Stat. § 138-3 — HI Code / Division 1 / Title 10 / Chapter 138 / Section 138-3
911 fund.
Status: in_force

There is established outside the state treasury a special fund, to be known as the 911 fund, to be administered by the board. The fund shall consist of amounts collected under section 138-4. The board shall place the funds in an interest-bearing account at any federally insured financial institution, separate and apart from the general fund of the State. Moneys in the fund shall be expended exclusively by the board for the purposes of ensuring adequate funding to deploy and sustain 911 service, developing and funding future 911 technologies, and funding expenses of administering the fund.
Haw. Rev. Stat. § 127A-25 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-25
Rules and orders.
Status: in_force

(a) For the purpose of carrying out any provision of this chapter, the governor may adopt rules for the State and the mayor may adopt rules for the county which may, if so stated in the rules, have the force and effect of law. Even though the rules are prescribed pursuant to a power conferred, or having mandatory or prohibitive effect, only in the event of a state of emergency or local state of emergency, the rules nevertheless may be prescribed prior thereto if stated therein to have the force and effect of law only in the event of a state of emergency or local state of emergency. All the rules, and likewise all other action taken under this chapter, shall be made and taken with due consideration of the orders, rules, regulations, actions, recommendations, and requests of federal authorities relevant thereto. In these rules, reasonable classifications, exceptions, and exemptions may be made and granted. Such rules shall not be subject to chapter 91.

(b) The power to adopt rules having the force and effect of law shall not be deemed in derogation of the power of the governor, or the governor's duly authorized representatives, or the mayor, or the mayor's duly authorized representatives, to make orders for the enforcement of this chapter or the rules issued thereunder. The rules may provide for the making of administrative findings by duly authorized representatives, or for the application of the rules by such representatives as the circumstances may require, and the issuance of orders therefor.

(c) Rules adopted pursuant to this chapter during a state of emergency shall be promulgated as herein provided, and may be made effective upon the promulgation. The rules shall be promulgated by posting them on the applicable state or county government website and by publishing them in a newspaper of general circulation in the State, by means calculated to bring its contents to the attention of the general public, including by official announcement by means of television or radio broadcast, or both, or by Internet, or, where only known persons are concerned, by service upon these persons by registered or certified mail or by personal service. The rules shall remain posted on the government website while in effect. When immediate promulgation of the rules is necessary in the opinion of the governor or mayor, as applicable, who shall be the sole judge thereof, in lieu of publication, the rules may be promulgated by television or radio broadcast, or both, or by Internet, or such other means as may be available; provided that the rules shall be posted and published thereafter at the earliest practicable date. [L 2014, c 111, pt of §2]
Haw. Rev. Stat. § 121-7 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-7
Adjutant general; appointment.
Status: in_force

(a) The adjutant general shall be the executive head of the department of defense and commanding general of the militia of the State. The adjutant general shall be appointed and be subject to removal as set forth in section 26-31. The adjutant general shall serve for the term as set forth in article V, section 6, of the Hawaii State Constitution.

(b) No person shall be eligible for appointment as adjutant general unless the person:

(1) Holds or has held a commission of the rank of colonel in the military grade of O6 or above, federally recognized as such, or its equivalent in the Army or Air national guard, state defense force, or in the Army or Air Force active component of the United States or a reserve component thereof and has served as a commissioned officer in one or more of the Army or Air Force components as listed herein for at least ten years; and

(2) Has no administrative actions or items that would prevent promotion to the rank of a general officer in the military grade of O7 or O8, federally recognized as such. [L 1967, c 196, pt of §1; HRS §121-7; gen ch 1985; am L 1987, c 28, §1; am L 1988, c 135, §1; am L 2022, c 100, §1]
Haw. Rev. Stat. § 132-33 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-33
Powers and duties generally.
Status: in_force

(a) The office shall:

(1) Review and assess the fire risk of the State;

(2) Coordinate fire protection efforts among local agencies for the State;

(3) Review and propose amendments to the state fire code, in consultation with and in consideration of recommendations provided by the state fire council for the state fire council's consideration in its adoption of or amendments to the state fire code;

(4) Review the emergency resources that are available in the State to be deployed to address fires;

(5) Work with state and county law enforcement agencies for enforcement of the state fire code; provided that law enforcement agencies shall have primary law enforcement jurisdiction;

(6) Upon request of a county official having enforcement responsibility and a showing of unusual fire hazard or other special circumstances, investigate and make appropriate recommendations. The state fire marshal may investigate or cause an investigation to be made to determine the probable cause, origin, and circumstances of any fire and shall classify the findings as the state fire marshal may find appropriate to promote fire protection and prevention. The state fire marshal shall coordinate and consult with county authorities in the event that the state fire marshal needs to summon witnesses related to a fire investigation;

(7) Conduct inspections of state buildings and facilities to ensure fire safety compliance;

(8) Oversee the training and certification of fire inspectors and investigators in the State; and

(9) Maintain records of all fires in the State, including the causes and circumstances.

(b) The office shall adopt rules pursuant to chapter 91 necessary to implement this part. [L 2025, c 302, pt of §3]
Haw. Rev. Stat. § 122A-9 — HI Code / Division 1 / Title 10 / Chapter 122A / Section 122A-9
Arms and equipment; facilities.
Status: in_force

(a) Subject to the availability of funds, the Hawaii state defense force shall be armed and equipped as prescribed by the governor.

(b) The governor, on such terms and conditions as may be prescribed by federal law and regulations and deemed acceptable by the governor, may accept arms, equipment, supplies, and facilities made available by the United States or any agency or instrumentality thereof for the use of the Hawaii state defense force.

(c) To the extent permitted by federal law and regulations, armories and other facilities of the national guard, and such other state facilities as may be available may be utilized for:

(1) Storage and maintenance of arms, equipment, and supplies of the Hawaii state defense force; and

(2) Assembly, drill, and instruction of its members;

provided that such use shall not interfere with use of armories or other national guard facilities by the national guard. [L 1987, c 35, pt of §1; am L 1988, c 135, §1]
Haw. Rev. Stat. § 132D-5.4 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-5.4
Removal or extraction of pyrotechnic contents; prohibited.
Status: in_force

Any person who removes or extracts the pyrotechnic contents from any aerial devices, articles pyrotechnic, consumer fireworks, or display fireworks shall be guilty of a class C felony.
Haw. Rev. Stat. § 121-12 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-12
Staff for military components, organization.
Status: in_force

(a) The headquarters staff of the national guard shall be composed of the army national guard component, which shall include a selective service section, and the air national guard component. The headquarters shall be staffed by the officers, warrant officers, and enlisted personnel, in the grades and branches of service as may be authorized by the secretaries of the army and the air force. The army division shall be headed by an assistant adjutant general. The air division shall be headed by a chief of staff or an assistant adjutant general, as determined by the adjutant general. The assistant adjutants general or chief of staff, when in the full-time employment of the department of defense, may receive the pay and allowance of their grade as fixed by the tables of the regular army or air force of the United States.

(b) The army national guard shall be organized and equipped as prescribed from time to time by the secretary of the army. Subject to the foregoing, it shall consist of not less than one brigade, or the equivalent thereof, to be organized by the order of the governor and be located throughout the State in accordance with military needs.

(c) The air national guard shall be organized and equipped as prescribed from time to time by the secretary of the air force.

(d) The inactive national guard consists of officers, warrant officers, and enlisted personnel transferred to it from the national guard in accordance with regulations promulgated by the secretaries of the army and the air force as appropriate. Members shall be assigned appropriately within the state headquarters for administration only, and attached to an active unit or organization for potential assignment and service with the unit or organization. [L 1967, c 196, pt of §1; HRS §121-12; am L 1969, c 15, §1(b); am L 2025, c 26, §2]
Haw. Rev. Stat. § 132-4 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-4
[OLD] REPEALED.
Status: in_force

L 1978, c 241, §2(4).

§132-4 Investigation of fires; criminal prosecutions. The fire chief of the county in which any fire occurs shall immediately investigate the cause, origin, and circumstances of fire by which property has been destroyed or damaged and so far as possible determine whether the fire was the result of carelessness or design. A county fire chief may request the office of the state fire marshal to assist with the investigation of a fire as provided in section 132-33.

If after any investigation the county fire chief is of the opinion that the evidence in relation to the fire indicates that a crime has been committed, the fire chief shall present the evidence to the prosecuting attorney of the county in which the supposed offense was committed, with the request that the prosecuting attorney institute criminal proceedings as the evidence may warrant.

If the office of the state fire marshal is of the opinion that the evidence in relation to a fire indicates that a crime has been committed, the office of the state fire marshal shall coordinate with the relevant county fire chief to present the evidence to the prosecuting attorney of the county in which the supposed offense was committed. [L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(6, 7, 8); RL 1945, §8529; RL 1955, §184-5; HRS §132-5; ren and am L 1978, c 241, §2(5); gen ch 1985; am L 2025, c 302, §7]
Haw. Rev. Stat. § 121-5 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-5
Command.
Status: in_force

The governor shall be the commander in chief of the forces comprising the militia. The governor is authorized to promulgate such rules, regulations, and forms therefor as are not inconsistent with law, and to carry into full effect the law relative thereto. The provisions of chapter 91 shall not apply. The rules, regulations, and forms shall have the force of law.
Haw. Rev. Stat. § 132D-8.6 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-8.6
Requirements of licensee.
Status: in_force

(a) Any person who has obtained a license required pursuant to section 132D-7 and ships fireworks or articles pyrotechnic into the State shall:

(1) Clearly designate the types of fireworks or articles pyrotechnic in each shipment on the bill of lading or shipping manifest with specificity;

(2) Declare on the bill of lading or shipping manifest the gross weight of aerial devices, articles pyrotechnic, consumer fireworks, and display fireworks to be imported in each shipment and the location of the storage facility, if applicable, in which the fireworks or articles pyrotechnic are to be stored;

(3) Before shipment and when booking each shipment of fireworks or articles pyrotechnic notify the state fire marshal regarding whether the shipment will be distributed from:

(A) Pier to pier;

(B) Pier to warehouse or storage facility; or

(C) Pier to redistribution;

(4) Before booking the shipment, provide to the state fire marshal:

(A) Written documentation regarding the proposed display event or events and related contact information to allow the state fire marshal to validate the importation of a three-month or six-month inventory under section 132D-8.5; and

(B) An inventory breakdown for each proposed display; and

(5) At the time shipping is booked, the importer or consignee shall notify the state fire marshal in writing of the expected shipment's landing date; provided that:

(A) Notifications shall be made through a system designated by the state fire marshal; and

(B) If a licensee fails to notify the state fire marshal two or more times within one year of the issuance of a license, the license may be revoked.

(b) The department of law enforcement or fire department of a county, in which a shipment of fireworks or articles pyrotechnic has landed and becomes subject to the jurisdiction of the fire department, shall be allowed to inspect, if it chooses, any shipment declared on the shipping manifest as fireworks or articles pyrotechnic or any facility in which fireworks or articles pyrotechnic are to be stored.

(c) The facility in which fireworks or articles pyrotechnic are to be stored shall:

(1) Have received approval fifteen days prior to the shipment's arrival from the appropriate county fire department; and

(2) Meet all state and county fire and safety codes.

(d) Any fireworks or articles pyrotechnic landed in the State shall be subject to seizure and forfeiture if:

(1) The importer or consignee does not have in the importer's or consignee's possession a valid license to import fireworks or articles pyrotechnic under section 132D-7;

(2) The consignee does not have a valid license to store fireworks or articles pyrotechnic under section 132D-7; or

(3) The fireworks or articles pyrotechnic have not been declared or have been misdeclared in violation of subsection (a).

(e) No person holding a retailer license to sell consumer fireworks shall be allowed to sell consumer fireworks commonly known as firecrackers in a packet size larger than five thousand individual units. Any person violating this subsection shall be guilty of a misdemeanor.

(f) Any person violating subsection (a), (c), or (d) shall be subject to the following for shipments of fireworks or articles pyrotechnic of:

(1) Twenty-five pounds or less gross weight shall be a petty misdemeanor;

(2) Over twenty-five pounds to three hundred pounds gross weight shall be a misdemeanor;

(3) Over three hundred pounds to ten thousand pounds gross weight shall be a class C felony; and

(4) More than ten thousand pounds gross weight shall be a class B felony. [L 2000, c 233, §3; am L 2006, c 183, §10; am L 2011, c 127, §5; am L 2024, c 208, §5; am L 2025, c 243, §8]
Haw. Rev. Stat. § 128D-39 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-39
Letter of completion.
Status: in_force

(a) Within thirty days of satisfactory completion of the voluntary response action, the director shall issue a letter of completion for the response action completed by the requesting party.

(b) The letter of completion shall identify the specific hazardous substances, pollutants, contaminants, media, and land area addressed in the response action.

(c) If contamination is left on the site, the letter of completion shall specify terms and conditions necessary to protect the public health and environment.

(d) The letter of completion shall be noted on the property deed and shall be sent to the county agency that issues building permits. The exemption from future liability and other benefits and restrictions identified in the letter of completion shall run with the land and apply to all future owners of the property. The exemption from liability noted in section 128D-40 shall not apply to those persons who were liable pursuant to section 128D-6 prior to conducting the voluntary response action. [L 1997, c 377, pt of §2; am L 1998, c 233, §4; am L 2005, c 133, §7]
Haw. Rev. Stat. § 134-26 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-26
Carrying or possessing a loaded firearm on a public highway; penalty.
Status: in_force

(a) It shall be unlawful for any person on any public highway to carry on the person, or to have in the person's possession, or to carry in a vehicle any firearm loaded with ammunition; provided that this section shall not apply to any person who has in the person's possession or carries a pistol or revolver in accordance with a license issued as provided in section 134-9.

(b) Any vehicle used in the commission of an offense under this section shall be forfeited to the State, subject to the notice and hearing requirements of chapter 712A.

(c) Any person violating this section shall be guilty of a class B felony. [L 2006, c 66, pt of §1]
Haw. Rev. Stat. § 137-1 — HI Code / Division 1 / Title 10 / Chapter 137 / Section 137-1
Definitions.
Status: in_force

As used in this chapter, unless the context otherwise requires:

"Government entity" means any department, unit, or agency, of the federal, state, or county governments.

"Search and rescue expenses" include the following expenses incident to, and incurred by, a government entity or any person or private entity in a search or rescue operation:

(1) Any and all actual hourly wages, salaries, and employment-related benefits, of persons participating in a search or rescue operation;

(2) Any and all equipment costs, including rental, lease, use, repair, and/or replacement costs of equipment used in a search or rescue operation;

(3) Any and all fuel expenses incident to a search or rescue operation;

(4) Any and all other expenses relating to a search and rescue operation.

"Warning or notice" means any warning or notice issued by a government entity posted on any type of sign. [L 1999, c 66, pt of §2]
Haw. Rev. Stat. § 125-7 — HI Code / Division 1 / Title 10 / Chapter 125 / Section 125-7
Fraud, misdemeanor.
Status: in_force

Any person required by the governor or the governor's authorized representative, pursuant to section 125-6, to make, keep, or file any application, schedule, record, report, or statement, whether or not under oath, who intentionally makes, files, or keeps a false or fraudulent application, schedule, record, report, or statement or intentionally conceals therein any material fact, and any person who in any other manner intentionally deceives or attempts to deceive the governor or the governor's authorized representative with respect to any fact to be used in administering this chapter, and any person who fails to observe and comply with the rules and regulations promulgated under this chapter, shall be fined not more than $1,000 or imprisoned not more than six months, or both. [L Sp 1949, c 21, §7; RL 1955, §357-7; HRS §125-7; am L 1974, c 5, §3; gen ch 1985]
Haw. Rev. Stat. § 128E-3 — HI Code / Division 1 / Title 10 / Chapter 128E / Section 128E-3
Powers; rulemaking; appointment of hearing officers.
Status: in_force

(a) The commission may adopt rules in accordance with chapter 91 to implement this chapter. The rules shall include, but not be limited to, requirements for reporting releases. Any person heard at a public hearing on the adoption of any rule shall be given written notice of the action taken by the commission with respect to the rule.

(b) In addition to other specific powers provided in this chapter, the commission may appoint, without regard to chapter 76, hearing officers to conduct public participation activities, including public hearings and public informational meetings. [L 1993, c 300, pt of §1; am L 2000, c 253, §150]
Haw. Rev. Stat. § 122A-12 — HI Code / Division 1 / Title 10 / Chapter 122A / Section 122A-12
Federal service.
Status: in_force

Nothing in this chapter shall be construed as authorizing the Hawaii state defense force or any part thereof to be called, ordered, or in any manner drafted as such into the military service of the United States; provided no person by reason of the person's enlistment or appointment in the Hawaii state defense force shall be exempted from military service under any law of the United States.
Haw. Rev. Stat. § 127A-6 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-6
Emergency management reserve corps.
Status: in_force

(a) The administrator may establish an emergency management reserve corps comprising trained specialists to support state and county emergency, disaster, or day-to-day requirements. The emergency management reserve corps may include:

(1) Any employee of the State or county;

(2) Any employee hired specifically for staffing during emergency, disaster, or day-to-day periods and exercises who shall be hired and compensated without regard to chapters 76, 78, and 88; and

(3) Any volunteer,

who shall be detailed in accordance with this chapter. Emergency management reserve corps positions shall be authorized and managed by the agency and do not need the approval of the governor.

(b) The emergency management reserve corps shall support state emergency or disaster requirements and, if requested by a county emergency management agency, supplement the county emergency management agency staff. The emergency management reserve corps may be mobilized during, or in advance of, emergencies or disasters, or for emergency management day-to-day activities. Emergency management reserve corps members shall attend a minimum of forty hours of paid activities per year. [L 2014, c 111, pt of §2; am L 2019, c 78, §3]
Haw. Rev. Stat. § 128D-15 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-15
Employee protection.
Status: in_force

No person shall terminate from employment or in any other way discriminate against, or cause to be eliminated from employment or discriminated against, any person on the grounds that the person has provided information to the State, filed, instituted, or caused to be filed or instituted any proceeding under this chapter, or has testified or is about to testify in any proceeding resulting from the administration or enforcement of this chapter, or has refused to act because of the good faith belief that one would be acting in violation of this chapter. No criminal penalty shall be imposed under this chapter upon any person for action taken in the course and scope of the person's employment if the person does not possess managerial or supervisory authority.
Haw. Rev. Stat. § 138-8 — HI Code / Division 1 / Title 10 / Chapter 138 / Section 138-8
Proprietary information.
Status: in_force

(a) All proprietary information submitted to the board by any third party used by the board in connection with its duties or any public safety answering point in deploying 911 service shall be retained in confidence. Proprietary information submitted pursuant to this chapter shall not be released to any person, other than to the submitting communications service provider or reseller, the board, or any independent, third-party accounting firm retained by the board, without the express permission of the submitting communications service provider or reseller. General information collected by the board shall be released or published only in aggregate amounts that do not identify or allow identification of numbers of subscribers or revenues attributable to an individual communications service provider.

(b) The board, any third parties it may retain, and any public safety answering point shall take appropriate measures to maintain the confidentiality of the proprietary information that may be submitted by a communications service provider. The board shall hold all [proprietary] information in confidence and shall adopt reasonable procedures to prevent disclosure or providing access to the proprietary information to the public and competitors, including members of the board representing other communications service providers. Members of the board shall not disclose the information to any third parties, including their employers, without the written consent of the communications service provider whose proprietary information is to be disclosed.

(c) A committee consisting of all board members, except the communications service provider representatives, shall have the power to act for the board on the specific matters defined by the board, when at least two-thirds of the members of the board determine that a board action may be conducted by the committee to prevent disclosure of proprietary information to the communications service provider representatives. [L 2004, c 159, pt of §2; am L 2011, c 168, pt of §1; am L 2024, c 66, §11]
Haw. Rev. Stat. § 121-38 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-38
Wearing of uniform for private purposes.
Status: in_force

Any member of the national guard or other component of the militia wearing a uniform or any portion thereof issued by the United States or the State, except for military purposes, without permission being first obtained from an officer authorized to grant this permission by the governor, is guilty of a misdemeanor, and shall be punishable by a fine not exceeding $25, or imprisonment for not more than thirty days.
Haw. Rev. Stat. § 128D-34 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-34
Application.
Status: in_force

(a) For each site at which a requesting party chooses to conduct a voluntary response action, an application and $1,000 nonrefundable processing fee shall be submitted. In the case of a requesting party that is a public or nonprofit agency, the director may reduce or waive this fee if the director deems it to be in the public interest.

(b) The department shall review each application in a timely manner and approve or deny the application based upon the requirements in this section and sections 128D-33 and [128D-35].

(c) Each application shall include but not be limited to the following information:

(1) The requesting party's name, mailing address, telephone number, facsimile number, if applicable, or electronic mail address;

(2) The property owners' names, mailing addresses, telephone numbers, facsimile numbers, if applicable, or electronic mail addresses;

(3) The property location, mailing address, street or physical location address, latitude and longitude, tax map key numbers, and telephone number for the requesting party;

(4) A brief description of the site, its operational history, and any known or suspected contamination;

(5) A listing of any permits obtained by any facility on the property;

(6) A description of the intended scope of work;

(7) A description of any civil, criminal, or administrative actions relative to the environmental matters of the subject property;

(8) A written consent by the property owner supporting the proposed voluntary response action including any restrictions of property rights; and

(9) The signature of the requesting party.

(d) The requesting party shall provide the department with any and all reports and data pertaining to environmental investigations or response actions on the subject property.

(e) Within sixty days after initial approval of the application, the requesting party and the department shall negotiate an agreement for conducting the voluntary response action. The agreement shall contain guarantees of completion, such as letters of credit, personal guarantees, insurance, or similar measures of guarantee. If, after sixty days, an agreement cannot be negotiated in good faith, the department may deny the application.

(f) The department's decision on an application shall be final, with no right of appeal. [L 1997, c 377, pt of §2; am L 2005, c 133, §3]
Haw. Rev. Stat. § 121-42 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-42
No pay without orders.
Status: in_force

No officer or enlisted member of the army or air national guard shall be entitled to receive the pay herein provided unless the orders detailing the officer or enlisted member for duty or subsequent orders, specify that pay is to be received for the service rendered.
Haw. Rev. Stat. § 128D-17 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-17
Judicial review.
Status: in_force

(a) Any person who receives and complies with the terms of any order issued under this chapter may bring and maintain an action in the circuit environmental court to review the order as provided for in this section, prior to the completion of all action required in this order, provided that the person shall not seek any form of injunctive relief and at all times is in compliance with the order.

(b) The director's order may be issued without a hearing and shall be supported by an administrative record consisting of the documents and other papers and materials considered by the director in issuing the order. The order shall be effective immediately unless it provides otherwise. The person receiving the order may supplement the administrative record with other documents, writings, or material within thirty days after receipt of the order. In the sole discretion of the director, the administrative record may be supplemented further by a proceeding in which testimony and other evidence may be received. A person aggrieved by the order who is and continues to be in compliance with the order may petition the circuit environmental court for an expedited review of the order after service of a certified copy of the order. The review by the environmental court shall be confined to the administrative record. The environmental court shall, upon request by any party, hear oral arguments and receive written briefs. Discovery shall not be permitted. The environmental court shall affirm the order or, if it finds that the order is arbitrary and capricious, it shall reverse or modify the order. The environmental court's order in any expedited review shall be without prejudice to any party in any other proceeding.

(c) In an expedited review of the director's order concerning the determination that the aggrieved party is subject to liability under this chapter, the environmental court shall affirm the order unless it is clearly shown to be arbitrary and capricious.

(d) If the environmental court reverses the director's determination that the objecting party is subject to liability under this chapter, the environmental court shall vacate the order of the director in its entirety and award the objecting party reimbursement from the fund, or if sufficient funds are not available, then from the State, of all costs incurred in complying with the order, which may include the party's reasonable attorney's fees.

(e) In reviewing a director's order under this section, the environmental court shall uphold the director's decision on technical issues, including the nature and scope of the action ordered, unless the objecting party demonstrates, based on the administrative record, that the decision is arbitrary and capricious.

(f) If the environmental court finds that the director's order is arbitrary and capricious under subsection (e), the environmental court shall issue findings of fact and conclusions of law sufficient to advise the parties of the deficiencies in the order. The environmental court shall thereafter allow the contesting parties a thirty-day period following the entry of its findings of fact and conclusions of law to agree to mutually acceptable technical modifications to the challenged order. However, if the contesting parties are unable to reach agreement within the thirty-day period, then the parties shall notify the environmental court and each party shall select a technical panel member in accordance with subsection (g) at the conclusion of the thirty-day period. The environmental court shall order that the outstanding issues be submitted to a technical panel for binding resolution of the issues identified by the environmental court in a manner consistent with the environmental court's findings and conclusions, and the state contingency plan.

(g) The technical panel shall consist of three members, each of whom shall have expertise in engineering, or expertise in the physical, chemical, biological, or health sciences.

(h) A majority of the technical panel members shall determine an appropriate resolution to the technical issues identified by the environmental court in the period of time the environmental court orders. The technical panel members shall be selected as follows:

(1) One member shall be selected by the director;

(2) One member shall be selected by the objecting party, or a majority of the objecting parties challenging the order; and

(3) The foregoing two members shall select the third member of the panel within thirty days of their selection.

(i) After making a decision that resolves the technical issues, the technical panel shall submit its final decision to the environmental court. The environmental court shall vacate the order found arbitrary and capricious and enter an order adopting the decision submitted by the technical panel unless the environmental court finds that:

(1) The decision is not consistent with the environmental court's findings of fact and conclusions of law and the state contingency plan;

(2) The decision was procured by corruption, fraud, or undue means;

(3) There was evident partiality or corruption in the panel, or any of the members;

(4) The panel was guilty of misconduct by which the rights of any party have been prejudiced; or

(5) The panel exceeded its powers or so imperfectly executed them that a mutual, final, and definite decision upon the subject matter submitted was not made.

(j) Any action for concurrent review under this section shall have priority on the civil trial calendar of the circuit environmental court.

(k) The petitioner, in any action pursuant to section 128D-19, may seek judicial review of any partial or complete denial of the petition. The review shall be conducted pursuant to section 91-14. In addition to any other relief that may be awarded, the environmental court may award to the petitioner reimbursement from the fund, or if there are insufficient funds then from the State, which may include appropriate costs, fees, and other expenses, including reasonable attorney's fees.

(l) In reviewing alleged procedural errors, the environmental court may disallow costs or damages only if the errors were so serious and related to matters of such central relevance to the action that the action would have been significantly changed had the errors not been committed. [L 1990, c 298, pt of §17; am L 1991, c 280, §15; am L 2014, c 218, §8]
Haw. Rev. Stat. § 127A-30 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-30
Rental or sale of essential commodities during a state of emergency; prohibition against price increases.
Status: reserved

(a) Whenever the governor declares a state of emergency for the entire State or any portion thereof, or a mayor declares a local state of emergency for the county or any portion thereof, or when the State, or any portion thereof, is the subject of a severe weather warning:

(1) There shall be prohibited any increase in the selling price of any commodity, whether at the retail or wholesale level, in the area that is the subject of the proclamation or severe weather warning; provided that the prohibition may be restricted to particular commodities in the proclamation; and

(2) No landlord shall terminate any tenancy for a residential dwelling unit in the area that is the subject of the proclamation or severe weather warning, except for a breach of a material term of a rental agreement or lease, or if the unit is unfit for occupancy as defined in this chapter; provided that:

(A) Nothing in this chapter shall be construed to extend a fixed-term lease beyond its termination date, except that a periodic tenancy for a residential dwelling unit may be terminated by the landlord upon forty-five days' written notice:

(i) When the residential dwelling unit is sold to a bona fide purchaser for value; or

(ii) When the landlord or an immediate family member of the landlord will occupy the residential dwelling unit; or

(B) Under a fixed-term lease or periodic tenancy, upon forty-five days' written notice, a landlord may require a tenant or tenants to relocate during the actual and continuous period of any repair to render a residential dwelling unit fit for occupancy; provided that:

(i) Reoccupancy shall first be offered to the same tenant or tenants upon completion of the repair;

(ii) The term of the fixed-term lease or periodic tenancy shall be extended by a period of time equal to the duration of the repair; and

(iii) It shall be the responsibility of the tenant or tenants to find other accommodations during the period of repair.

(b) Notwithstanding this section, any additional operating expenses incurred by the seller or landlord because of the emergency, disaster, or severe weather warning that can be documented may be passed on to the consumer. In the case of a residential dwelling unit, if rent increases are contained in a written instrument that was signed by the tenant before the declaration or severe weather warning, the increases may take place pursuant to the written instrument.

(c) The prohibitions under subsection (a) shall remain in effect until twenty-four hours after the severe weather warning is canceled by the issuing agency; or in the event of a declaration, seventy-two hours after the effective date and time of the declaration, unless the prohibition is identified and continued and the types of commodities are identified by the governor or mayor in the proclamation or any supplementary proclamation. Any proclamation issued under this chapter that fails to state the time at which it will take effect, shall take effect at noon on the day on which it takes effect.

(d) In any action against a merchant, landlord, or other business for violation of the price limitations in this section, the defendant shall be deemed not to have violated this section if the defendant proves all of the following:

(1) The violation of the price limitation was unintentional;

(2) The defendant voluntarily rolled back prices to the appropriate level upon discovering that this section was or may have been violated; and

(3) The defendant has instituted a restitution program for all consumers who may have paid excessive prices.

(e) Any violation of this section shall constitute unfair methods of competition and unfair and deceptive acts or practices in the conduct of any trade or commerce under section 480-2 and shall be subject to a civil penalty as provided in section 480-3.1. Each item sold at a price that is prohibited by this section shall constitute a separate violation.

(f) As used in this section:

"Breach of a material term" means the failure of a party to perform an obligation under the rental agreement or lease, which constitutes the consideration for entering into the contract and includes the failure to make a timely payment of rent.

"Commodity" means any good or service necessary for the health, safety, and welfare of the people of Hawaii; provided that this term shall include, but not be limited to: materials; merchandise; supplies; equipment; resources; and other articles of commerce that shall include food; water; ice; chemicals; petroleum products; construction materials; or residential dwellings.

"Fixed-term lease" means a lease for real property that specifies its beginning date and its termination date as calendar dates, or contains a formula for determining the beginning and termination dates; and the application of the formula as of the date of the agreement will produce a calendar date for the beginning and termination of the lease.

"Periodic tenancy" means a tenancy wherein real property is leased for an indefinite time with monthly or other periodic rent reserved. A periodic tenancy may be created by express agreement of the parties, or by implication upon the expiration of a fixed-term lease when neither landlord nor tenant provides the other with written notice of termination and the tenant retains possession of the premises for any period of time after the expiration of the original term.

"Unfit for occupancy" means that a residential dwelling unit has been damaged to the extent that the appropriate county agency determines that the unit creates a dangerous or unsanitary situation and is dangerous to the occupants or to the neighborhood. [L 2014, c 111, pt of §2; am L 2024, c 206, §4]
Haw. Rev. Stat. § 130-3 — HI Code / Division 1 / Title 10 / Chapter 130 / Section 130-3
Emergency seat of county government.
Status: in_force

Whenever, due to an emergency resulting from the effects of enemy attack, or the anticipated effects of a threatened enemy attack, it becomes imprudent, inexpedient, or impossible to conduct the affairs of county government at the regular or usual place or places thereof, the governing body of each county may meet at any place within or without the territorial limits of the county on the call of the presiding officer or any two members of the governing body, and shall proceed to establish and designate by ordinance, resolution, or other manner, alternate or substitute sites or places as the emergency temporary location, or locations, of government where all, or any part, of the public business may be transacted and conducted during the emergency situation. The sites or places may be within or without the territorial limits of the county and may be within or without the State.
Haw. Rev. Stat. § 134-7.3 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-7.3
Seizure of firearms upon disqualification.
Status: in_force

(a) If any applicant is denied a permit, the chiefs of police of the respective counties shall send, by certified mail, a notice setting forth the reasons for the denial and may require that the applicant voluntarily surrender all firearms and ammunition to the chief of police where the applicant resides or dispose of all firearms and ammunition. If an applicant fails to voluntarily surrender or dispose of all firearms and ammunition within thirty days from the date notice was mailed, the chief of police may seize all firearms and ammunition.

(b) Any person disqualified from ownership, possession, or control of firearms and ammunition under section 134-7 or part IV, within forty-eight hours of disqualification, shall voluntarily surrender all firearms and ammunition to the chief of police where the person resides or dispose of all firearms and ammunition. If any person fails to voluntarily surrender or dispose of all firearms and ammunition within forty-eight hours from the date of disqualification, the chief of police may seize all firearms and ammunition.

(c) For any person disqualified from ownership, possession, or control of firearms and ammunition under section 134-7(c), or because the person has been admitted to a psychiatric facility, whether for emergency or involuntary hospitalization, pursuant to part IV of chapter 334, once the chief of police is notified that the person is disqualified, the chief of police shall promptly issue a notice to the disqualified person to immediately surrender all firearms and ammunition. The notice shall be in writing, shall set forth the reasons for the disqualification, and shall state the requirement that the person immediately surrender all firearms and ammunition to the chief of police. If any person fails to voluntarily surrender all firearms and ammunition upon receiving notice, the chief of police may seize all firearms and ammunition. The firearms and ammunition shall be held in police custody until the person has been medically documented to be no longer adversely affected as provided in section 134-7 or until transferred or sold by the owner. Nothing in this subsection shall be construed to limit the duties imposed by subsection (b).

(d) For the purposes of this section, "dispose" means selling the firearms to a gun dealer licensed under section 134-31, transferring ownership of the firearms to any person who meets the requirements of section 134-2, or surrendering all firearms to the chief of police where the person resides for storage or disposal; provided that, for a person subject to section 134-7(f) or part IV, "dispose" shall not include transferring ownership of the firearms to any person who meets the requirements of section 134-2.

(e) The chief of police of the respective counties shall adopt procedures to implement and administer the provisions of this section by December 31, 2001. [L 2000, c 127, §1; am L 2004, c 4, §2; am L 2016, c 110, §2; am L 2018, c 158, §1; am L 2019, c 150, §4]
Haw. Rev. Stat. § 125C-32 — HI Code / Division 1 / Title 10 / Chapter 125C / Section 125C-32
Biennial county energy emergency preparedness plans.
Status: in_force

The mayor of each county, or the mayor's authorized representative, shall prepare a comprehensive county energy emergency preparedness plan. The plan shall be prepared in coordination with and be consistent with the biennial state energy emergency preparedness plan, and shall be implemented in coordination with the state energy emergency preparedness plan upon declaration of an energy emergency by the governor. Not later than September 30 of every even-numbered year, each county shall prepare and transmit to the director of business, economic development, and tourism the county's biennial county energy emergency preparedness plan.
Haw. Rev. Stat. § 132-35 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-35
Preparation of statistical reports.
Status: in_force

Every two years, the state fire marshal shall prepare statistical reports on the history and condition of state fire defenses and an analysis of contributing factors of fire causes for the period of the report. The reports shall be posted on the office's website and publicly available upon request, subject to a fee not to exceed the cost of printing and distribution. The reports compiled under this section shall include a compilation or summary of the county fire chiefs' records prepared pursuant to section 132-1(a), in addition to any other sources the state fire marshal deems appropriate.
Haw. Rev. Stat. § 132-44 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-44
State fire marshal; biennial report; deadline; contents.
Status: in_force

(a) Beginning with the regular session of 2027, no later than twenty days before the convening in each odd-numbered year of a regular session, the office shall submit to the legislature a report regarding the activities of the state fire marshal and the counties in implementing this chapter.

(b) The report shall include, at a minimum:

(1) A status report concerning:

(A) Community risk reduction; and

(B) The establishment, administration, and enforcement of defensible space requirements;

(2) The amount of moneys expended during the previous fiscal biennium for:

(A) Community risk reduction;

(B) The establishment, administration, and enforcement of defensible space requirements; and

(C) Fire suppression; and

(3) Any recommendations for the state fire marshal for legislative action, including but not limited to current or future resource and funding needs for:

(A) Community risk reduction; and

(B) The establishment, administration, and enforcement of defensible space requirements. [L 2025, c 302, pt of §3]
Haw. Rev. Stat. § 121-10.5 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-10.5
Prisoner of war and missing in action designations.
Status: in_force

The State of Hawaii hereby recognizes the designations of prisoner of war and missing in action as valid descriptions of casualty status and category classification for military personnel.
Haw. Rev. Stat. § 121-26 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-26
Relief from civil or criminal liability.
Status: in_force

Members of the army or air national guard or the militia ordered into active service of the State by any proper authority shall not be liable, civilly or criminally, for any act or acts done by them in pursuance of duty in such service. The attorney general, the attorney general's deputy, special deputy, or appointee shall defend all actions brought civilly or criminally for acts or omissions against any member of the army, air national guard, or militia which reasonably appear to have occurred during the performance of service under this chapter, or chapter 122, or during a call-up under section 121-30, and reasonably done within the line or performance of duty. No action or proceedings shall be prosecuted or maintained against a member of a military court or an officer or person acting under its authority or reviewing its proceedings, on account of the approval or imposition or collection of a fine or penalty, or the execution of any writ, warrant, execution, process, or mandate of a military court.
Haw. Rev. Stat. § 127A-19 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-19
Shelters.
Status: in_force

(a) The agency may establish guidelines for providing suitable arrangements and accommodations for the sheltering of the public and the sheltering of pet animals in public shelters under this chapter.

(b) County emergency management agencies shall be responsible for identifying and operating locations and facilities suitable for sheltering:

(1) The public; and

(2) Pet animals,

and coordinating sheltering efforts with private and nonprofit organizations engaged in emergency management functions relating to providing shelter or the management or operation of a public shelter under this chapter.

(c) The administrator or director of the county emergency management agency shall be responsible for the identification, coordination, and cooperation of private owners, operators, or controllers of real property, private locations, or facilities that are suitable for use as shelters of the public or of pet animals into emergency sheltering operations.

(d) A public shelter identified for the sheltering of pet animals pursuant to subsection (b) need not be subject to guidelines developed for public shelters, unless the particular shelter has been specifically identified as a shelter for both pet animals and the public.

(e) For purposes of this section, "pet animal" shall have the same meaning as defined in section 711-1100.

(f) For purposes of this section, "shelter" includes any structure, excavation, or other facility or item used or useful for the protection of persons. [L 2014, c 111, pt of §2; am L 2022, c 99, §6]
Haw. Rev. Stat. § 134-72 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-72
[ §134-72] Lack of liability for failure to seek order.
Status: in_force

[ §134-72] Lack of liability for failure to seek order. This part shall not be construed to impose criminal or civil liability on any person who chooses not to seek an ex parte gun violence protective order or a one-year gun violence protective order pursuant to this part.
Haw. Rev. Stat. § 127A-26 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-26
Forfeitures.
Status: in_force

The forfeiture of any property unlawfully possessed, pursuant to section 127A-12(b), may be adjudged upon conviction of the offender found to be unlawfully in possession of the same, where no person other than the offender is entitled to notice and hearing with respect to the forfeiture, or the forfeiture may be enforced by an appropriate civil proceeding brought in the name of the State. The district courts and circuit courts shall have concurrent jurisdiction of the civil proceedings. Any property forfeited as provided in this section may be ordered destroyed, or may be ordered delivered for public use to such agency as shall be designated by the governor or the governor's representative, or may be ordered sold, in whole or in part, for the account of the State.
Haw. Rev. Stat. § 134-6.5 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-6.5
Relief from federal firearms mental health prohibitor.
Status: in_force

(a) Any person who is prohibited from shipping, transporting, possessing, or receiving any firearm or ammunition, pursuant to title 18 United States Code section 922(d)(4) or (g)(4), having been adjudicated as a mental defective or having been committed to a mental institution under the laws of this State, may petition the circuit court in the circuit where the adjudication or commitment was made, in a civil proceeding, for relief from the federal firearm prohibitor based on the adjudication or commitment. The attorney general shall represent the State; provided that the attorney general, with the prosecuting agency's consent, may designate the prosecuting attorney for the county in which the petitioner seeks relief to represent the State.

(b) In the civil proceeding, the court shall consider:

(1) The circumstances regarding the adjudication or commitment from which relief is sought, including the court files of the adjudication or commitment;

(2) The petitioner's mental health and criminal history records, if any;

(3) The petitioner's reputation in the community, developed at a minimum through character witness statements, testimony, or other character evidence; and

(4) Changes in the petitioner's condition or circumstances since the disqualifying events relevant to the relief sought, including medical documentation that the petitioner is no longer adversely affected by the condition that resulted in the petitioner's adjudication or commitment and is not likely to act in a manner dangerous to public safety.

(c) The court shall grant the petition for relief if the petitioner proves, by clear and convincing evidence, that the petitioner will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest. The court shall make written findings of facts and conclusions of law on the issues before it and issue a final order.

(d) When a court issues an order granting or denying a petition for relief, the court shall forward this information to the Hawaii criminal justice data center, which in turn shall forward this information to the Federal Bureau of Investigation, or its successor agency, for inclusion in the National Instant Criminal Background Check System database. The information shall also be maintained by the Hawaii criminal justice data center for disclosure to and use by law enforcement officials for the purpose of firearms permitting or registration pursuant to chapter 134.

(e) A person may file a petition for relief under this section no less than two years after the adjudication or commitment from which the relief is sought, and no more frequently than once every three years thereafter.

(f) For purposes of this section, the terms "adjudicated as a mental defective", "committed to a mental institution", and "mental institution" shall be construed in accordance with title 18 United States Code section 922, title 27 Code of Federal Regulations section 478.11, and judicial interpretations of those provisions.

(g) Any relief granted pursuant to this section shall not constitute relief from any other federal prohibitors or from any state prohibition pursuant to chapter 134. The State, its officers, and its employees shall not be liable for any damages, attorneys' fees, or costs related to this relief process.

(h) The petitioner may appeal a denial of relief, and the standard of review on appeal shall be de novo. [L 2014, c 87, §2]
Haw. Rev. Stat. § 121-21 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-21
Discharge.
Status: in_force

Discharges shall be granted for the convenience of the State and for the same reasons and in like manner as are from time to time prescribed by federal laws and regulations for the army or air national guard.
Haw. Rev. Stat. § 134-86 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-86
Ownership or possession prohibited.
Status: in_force

(a) No person who is a fugitive from justice shall own, possess, or control an electric gun.

(b) No person who is under indictment for, has waived indictment for, has been bound over to the circuit court for, or has been convicted in this State or elsewhere of having committed a felony, any crime of violence, or any illegal sale of any drug shall own, possess, or control an electric gun.

(c) No person who:

(1) Is or has been under treatment or counseling for addiction to, abuse of, or dependence upon any dangerous, harmful, or detrimental drug; intoxicating compound as defined in section 712-1240; or intoxicating liquor;

(2) Has been acquitted of a crime on the grounds of mental disease, disorder, or defect pursuant to section 704-411;

(3) Is or has been diagnosed as having a significant behavioral, emotional, or mental disorder as defined by the most current diagnostic manual of the American Psychiatric Association; or

(4) Is under treatment for an organic brain syndrome;

shall own, possess, or control an electric gun, unless the person has been medically documented to be no longer adversely affected by the addiction, abuse, dependence, syndrome, or mental disease, disorder, or defect.

(d) No person who is less than twenty-five years of age 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 an electric gun.

(e) No person who is less than twenty-one years of age shall own, possess, or control an electric gun.

(f) No person shall possess an electric gun that is owned by another, regardless of whether the owner has consented to possession of the electric gun.

(g) No person who has been restrained pursuant to an order of any court, including an ex parte order as provided in this subsection, from contacting, threatening, or physically abusing any person or from possessing or owning a firearm, shall possess, control, or transfer ownership of an electric gun, 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 an electric gun. The restraining order or order of protection shall specifically include a statement that possession, control, or transfer of an electric gun by the person named in the order is prohibited. Such person shall relinquish possession and control of any electric gun owned by that person to the police department of the appropriate county for safekeeping for the duration of the order or extension thereof.

In the case of an ex parte order that includes a restriction on the possession, control, or transfer of an electric gun, the affidavit or statement under oath that forms the basis for the order shall contain a statement of the facts that support a finding that the person to be restrained owns, intends to obtain or transfer, or possesses an electric gun, and that the electric gun may be used to threaten, injure, or abuse any person. The ex parte order shall be effective upon service pursuant to section 586-6.

At the time of service of a restraining order involving electric guns issued by any court, the police officer may take custody of any and all electric guns in plain sight, those discovered pursuant to a consensual search, and those electric guns surrendered by the person restrained.

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, including an ex parte order as provided for in this subsection, is required to possess or carry an electric gun during the course of the person's employment. "Good cause" includes but is not limited to the protection and safety of the person to whom a restraining order is granted.

(h) Any person disqualified from ownership, possession, control, or the right to transfer ownership of an electric gun under this section shall surrender or dispose of all electric guns in compliance with section 134-85.

(i) For the purposes of enforcing this section, and notwithstanding section 571-84 or any other law to the contrary, any agency within the State shall make its records relating to family court adjudications available to law enforcement officials.

(j) Any person violating subsection (a) or (b) shall be guilty of a class C felony. Any person violating subsection (c), (d), (e), (f), (g), or (h) shall be guilty of a misdemeanor. [L 2021, c 183, pt of §2]
Haw. Rev. Stat. § 132D-24 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-24
Recordkeeping requirements.
Status: in_force

(a) A person having a license or permit issued under this chapter to hold, store, transport, sell, possess, or otherwise dispose of fireworks or articles pyrotechnic shall keep records and maintain inventories in conformance with the recordkeeping and inventory requirements of this chapter.

(b) Each licensee and permittee shall create and keep for five years a record of all fireworks or articles pyrotechnic received, imported, held, distributed, sold, possessed, or disposed of, in that year, including the amounts of fireworks or articles pyrotechnic received, imported, held, distributed, sold, possessed, or disposed.

(c) Records required under this section shall be maintained separately in a file, log book, or electronic database that is readily accessible by the licensee or permittee.

(d) All records pertaining to the receipt, importation, storage, distribution, sale, possession, and disposal of fireworks or articles pyrotechnic shall be produced and made available upon request by the director, county fire chiefs, or their designees. [L 2024, c 208, pt of §2]
Haw. Rev. Stat. § 128D-36 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-36
Funding.
Status: in_force

(a) The department shall establish an account, to be called the voluntary response action account, within the environmental response revolving fund pursuant to section 128D-2, for the purpose of administration and oversight of this part.

(b) The $1,000 nonrefundable application fee shall be deposited into the voluntary response action account.

(c) Upon initial approval of an application, the department may require a deposit of up to $5,000 to initiate a site-specific account. The department may require an additional deposit of up to $5,000, whenever the balance of the site-specific account falls below $1,000.

(d) If a site-specific account balance is inadequate to support oversight, the department may discontinue oversight on the voluntary response action. The department may pursue enforcement action against the requesting party and any other person liable under section 128D-6, pursuant to part I of this chapter, when an account balance is inadequate to support further oversight by the department.

(e) At the completion of the voluntary response action, or at the termination of the agreement, except when the voluntary response action requires continuing oversight, the department shall provide a final accounting of the site-specific account and return the balance to the requesting party. [L 1997, c 377, pt of §2; am L 2005, c 133, §4]
Haw. Rev. Stat. § 132D-20.5 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-20.5
Refusal to provide identification.
Status: in_force

(a) Except as provided in subsection (b), any person detained for violating this chapter shall provide the person's name and current mailing address, or any proof thereof, upon the lawful order or direction of any law enforcement officer in the course and scope of the officer's duties to enforce this chapter.

(b) If the law enforcement officer has reasonable grounds to believe that the person is being deceptive or misleading in providing the person's name or address, the person shall provide proof thereof, upon the lawful order or direction of the law enforcement officer.

(c) Refusal to provide identification pursuant to this section shall be a petty misdemeanor. [L 2025, c 243, pt of §2]
Haw. Rev. Stat. § 121-4 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-4
Composition.
Status: in_force

The Hawaii national guard shall consist of the army national guard, the air national guard, the inactive national guard, and other organizations and units authorized by the laws of the United States or the regulations issued thereunder for the national guard which are recognized by the federal government, and in which federally recognized officers, warrant officers, and enlisted personnel are appointed or enlisted.
Haw. Rev. Stat. § 132D-3 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-3
Permissible uses of consumer fireworks.
Status: in_force

Consumer fireworks may be set off, ignited, discharged, or otherwise caused to explode within the State only:

(1) From 9:00 p.m. on New Year's Eve to 1:00 a.m. on New Year's Day; from 7:00 a.m. to 7:00 p.m. on Chinese New Year's Day; and from 1:00 p.m. to 9:00 p.m. on the Fourth of July; or

(2) From 9:00 a.m. to 9:00 p.m. as allowed by permit pursuant to section 132D-10 if the proposed cultural use is to occur at any time other than during the periods prescribed in paragraph (1);

provided that the purchase of not more than five thousand individual consumer fireworks commonly known as firecrackers shall be allowed under each permit. [L 1994, c 180, pt of §1; am L 2000, c 233, §5; am L 2006, c 183, §4]
Haw. Rev. Stat. § 121-36 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-36
Responsibility for property.
Status: in_force

Every officer commanding a unit shall be charged with and be responsible for the arms, accouterments, ammunition, clothing, or other military property or stores issued to or belonging to the officer's command, and shall be accountable to the State for the same in case of their being lost or damaged otherwise than by unavoidable accident, or in actual service. All officers and members of the militia having arms or other property of the State in their possession shall be accountable to the State in a like manner.
Haw. Rev. Stat. § 134-71 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-71
[ §134-71] Law enforcement to retain other authority.
Status: in_force

[ §134-71] Law enforcement to retain other authority. The provisions of this part shall not affect the ability of a law enforcement officer to remove firearms or ammunition from any person pursuant to other lawful authority.
Haw. Rev. Stat. § 128D-35 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-35
Denial of application.
Status: in_force

(a) The director may deny an application submitted under section 128D-34. In denying an application, the director may consider the following:

(1) The nature and extent of any past, current, or future actions by the department regarding the proposed site and the impact the voluntary response action might have on these past, current, or future actions;

(2) Site eligibility based on the criteria in section 128D-33;

(3) Completeness and accurateness of the application:

(A) If an application is denied because it is incomplete or inaccurate, the director, not later than forty-five days after receipt of the application, shall identify the omission or inaccuracy for the requesting party. A requesting party whose application has been denied because it is incomplete or inaccurate, may resubmit an application for the same response action without submitting an additional application fee; and

(B) If a requesting party's application is denied a second time, the director may require an additional $1,000 processing fee for any subsequent submittal;

(4) Inappropriate or inadequate scope of work;

(5) Pending litigation;

(6) The capacity of the requesting party or the requesting party's agent to carry out the response action properly;

(7) Whether the public will receive substantial benefit from the cleanup, including but not limited to environmental improvement and economic development;

(8) Whether the continued operation of the site or new site development, with the exercise of due care, will aggravate or contribute to the existing contamination or interfere with the department's response action;

(9) Whether the continued operation or new development of the property will pose health risks to the community and those persons likely to be present at the site; or

(10) The financial viability of the prospective purchaser.

(b) If the director finally denies the application, the director shall:

(1) Notify the requesting party that the application has been denied; and

(2) Explain the reasons for denial of the application. [L 1997, c 377, pt of §2; am L 1998, c 233, §3]
Haw. Rev. Stat. § 121-18 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-18
Retired list.
Status: in_force

Officers shall be placed on the retired list in the grade held at the time of retirement and may if promoted by the commander in chief be placed on such list in the next higher grade. Retired officers shall only be placed on active duty by order of the commander in chief and while on active duty shall rank next to officers of like grade upon the active list.
Haw. Rev. Stat. § 134-11 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-11
Exemptions.
Status: in_force

(a) Sections 134-7 to 134-9 and 134-21 to 134-27, except section 134-7(f), shall not apply:

(1) To state and county law enforcement officers; provided that such persons are not convicted of an offense involving abuse of a family or household member under section 709-906;

(2) To members of the armed forces of the State and of the United States and mail carriers while in the performance of their respective duties if those duties require them to be armed;

(3) To regularly enrolled members of any organization duly authorized to purchase or receive the weapons from the United States or from the State; provided the members are either at, or going to or from, their places of assembly or target practice;

(4) To persons employed by the State, or subdivisions thereof, or the United States while in the performance of their respective duties or while going to and from their respective places of duty if those duties require them to be armed;

(5) To aliens employed by the State, or subdivisions thereof, or the United States while in the performance of their respective duties or while going to and from their respective places of duty if those duties require them to be armed; and

(6) To police officers on official assignment in Hawaii from any state which by compact permits police officers from Hawaii while on official assignment in that state to carry firearms without registration. The governor of the State or the governor's duly authorized representative may enter into compacts with other states to carry out this paragraph.

(b) Sections 134-2 and 134-3 shall not apply to such firearms or ammunition that are a part of the official equipment of any federal agency.

(c) Sections 134-8, 134-9, and 134-21 to 134-27, shall not apply to the possession, transportation, or use, with blank cartridges, of any firearm or explosive solely as props for motion picture film or television program production when authorized by the chief of police of the appropriate county pursuant to section 134-2.5 and not in violation of federal law. [L 1988, c 275, pt of §2 and am c 272, §2; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 1996, c 60, §§1, 2; am L 1999, c 202, §1 and c 297, §2; am L 2006, c 66, §4]
Haw. Rev. Stat. § 138-9 — HI Code / Division 1 / Title 10 / Chapter 138 / Section 138-9
Limitation of liability.
Status: in_force

(a) Notwithstanding any law to the contrary, in no event shall any communications service provider, reseller, or independent third-party accounting firms, consultants, or other third party retained by the State under section 138-2, or their respective employees, directors, officers, assigns, affiliates, or agents, except in cases of gross negligence or wanton and wilful misconduct, be liable for any civil damages or criminal liability resulting from death or injury to a person or from damage to property incurred by any person in connection with any act or omission in developing, designing, adopting, establishing, installing, participating in, implementing, maintaining, or providing access to 911 or any other communications service intended to help persons obtain emergency assistance. In addition, no communications service provider, reseller, or independent third-party accounting firms, consultants, or other third party retained by the State under section 138-2, or their respective employees, directors, officers, assigns, affiliates, or agents, shall be liable for civil damages or criminal liability in connection with the release of customer information to any governmental entity, including any public safety answering point, as required under this chapter.

(b) In no event shall any public safety answering point, or its employees, assigns, or agents, or emergency response personnel, except in cases of gross negligence or wanton and wilful misconduct, be liable for any civil damages or criminal liability resulting from death or injury to the person or from damage to property incurred by any person in connection with any act or omission in the development, installation, maintenance, operation, or provision of 911 services. [L 2004, c 159, pt of §2; am L 2011, c 168, pt of §1; am L 2024, c 66, §8]
Haw. Rev. Stat. § 127A-18 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-18
Mitigation of hazardous situations.
Status: in_force

(a) Even in the absence of an emergency or disaster, the governor may authorize designated state employees, agents, contractors, or representatives to enter private property at reasonable times to mitigate situations deemed by the governor to be hazardous to the health and safety of the public; provided that this section shall be applicable only to the following actions:

(1) Cutting, trimming, or removing dangerous trees or branches that pose a hazard to other properties;

(2) Stabilizing or removing unstable rock and soil hazards;

(3) Cleaning streams and waterways to mitigate or prevent flooding; or

(4) Additional natural hazards;

provided further that at least ten days' written notice shall be provided to the landowner and to the occupier of the private property of the governor's intention to authorize designated state employees, agents, contractors, or representatives to enter the property to mitigate the hazardous situation; provided further that the landowner or occupier shall be given a reasonable opportunity to mitigate the hazardous situation without assistance of the State before designated state employees, agents, contractors, or representatives may enter the property.

(b) Written notice sent to the landowner's last known address by certified mail, postage prepaid, return receipt requested, shall be deemed sufficient notice. If land ownership cannot be determined, notice shall be given once in a daily or weekly publication of general circulation in the county in which any action or proposed action will be taken.

(c) If entry is refused, the governor may apply to the district court in the circuit in which the property is located for a warrant to enter the premises. The district court may issue a warrant directing the chief of the appropriate county police to assist the governor in gaining entry onto the premises during regular working hours or at other reasonable times.

(d) The governor may seek recovery and reimbursement, by appropriate proceedings, of all costs and expenses incurred in the mitigation of a hazardous situation under this section, and any costs and expenses imposed against any landowner shall be a lien upon the landowner's property.

(e) This section shall take effect only upon authorization and funding for personnel to administer the program. [L 2014, c 111, pt of §2; am L 2022, c 249, §2]
Haw. Rev. Stat. § 121-6 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-6
Organization and reorganization of units.
Status: in_force

The governor may organize, alter, divide, annex, consolidate, and reorganize the army and air national guard into divisions, brigades, regimental combat teams, regiments, battle groups, battalions, squadrons, batteries, companies, and similar organizations in accordance with their strength as authorized from time to time and in conformity with the tables of organization prescribed by the secretaries of the army and of the air force. The governor may change the location of units, and subject to the approval of the appropriate secretary, redesignate units or organizations.
Haw. Rev. Stat. § 136-4 — HI Code / Division 1 / Title 10 / Chapter 136 / Section 136-4
Possession of laser pointing devices by minors prohibited.
Status: in_force

It shall be unlawful for any minor to possess a laser pointing device.
Haw. Rev. Stat. § 125C-4 — HI Code / Division 1 / Title 10 / Chapter 125C / Section 125C-4
Adopting, filing, and taking effect of rules.
Status: repealed

The governor or the governor's authorized representative shall adopt rules pursuant to chapter 91, to insure that petroleum products are made available to the public in an orderly, efficient, and safe manner, to become effective when a shortage, as defined in section 125C-2, exists. If additional and unforeseen measures are required to insure that petroleum products are distributed in an orderly, efficient, and safe manner, the governor or the governor's authorized representative may proceed without prior notice or hearing or upon such abbreviated notice and hearing as the governor finds practicable to adopt additional rules authorized under this chapter with the additional rules to be effective for a period of not longer than one hundred twenty days without renewal. Any rule so adopted may be amended or repealed by the governor without prior notice or hearing or upon abbreviated notice and hearing prior to the expiration of the one hundred twenty-day period; provided that no amendment shall extend the rule beyond the original period of one hundred and twenty days. To be effective after the one hundred twenty-day period, the rules shall be adopted pursuant to chapter 91. Each rule adopted, amended, or repealed shall become effective as adopted, amended, or repealed upon approval by the governor and filing with the lieutenant governor. Each rule in effect shall have force and effect of law, but the effect of each rule may be temporarily or indefinitely suspended by the governor by written declaration filed with the lieutenant governor. Each rule temporarily suspended shall take effect again immediately upon expiration of the suspension period. Each rule indefinitely suspended shall take effect immediately upon the filing with the lieutenant governor of the written declaration by the governor terminating the suspension.
Haw. Rev. Stat. § 134-65 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-65
[ §134-65] One-year gun violence protective order issued after notice and hearing.
Status: in_force

[ §134-65] One-year gun violence protective order issued after notice and hearing. (a) A petitioner requesting a one-year gun violence protective order shall include in the petition detailed allegations based on personal knowledge that the respondent poses a significant danger of causing a self-inflicted bodily injury or an injury to another person by owning, purchasing, possessing, receiving, or having in the respondent's custody or control any firearm or ammunition.

(b) In determining whether to issue a one-year gun violence protective order under this section, the court shall consider all relevant evidence presented by the petitioner and the respondent, and may also consider other relevant evidence, including but not limited to evidence of the facts identified in section 134-64(d).

(c) If the court finds by a preponderance of the evidence at the hearing that the respondent poses a significant danger of causing bodily injury to the respondent's self or another person by owning, purchasing, possessing, receiving, or having in the respondent's custody or control any firearm or ammunition, the court shall issue a one-year gun violence protective order.

(d) A one-year gun violence protective order issued pursuant to this section shall include all of the following:

(1) A statement that the respondent shall not own, purchase, possess, receive, transfer ownership of, or have in the respondent's custody or control, or attempt to purchase, receive, or transfer ownership of, any firearm or ammunition while the order is in effect;

(2) A description of the requirements for relinquishment of firearms and ammunition under section 134-67;

(3) A statement of the grounds supporting the issuance of the order;

(4) The date and time the order expires;

(5) The address of the court that issued the order;

(6) A statement that the respondent may request a hearing to terminate the order at any time during its effective period;

(7) A statement that the respondent may seek the advice of an attorney as to any matter connected to the order;

(8) A statement of whether the respondent was present in court to be advised of the contents of the order or whether the respondent failed to appear; and

(9) A statement that if the respondent was present in court, the respondent's presence shall constitute proof of service of notice of the terms of the order.

(e) If the respondent fails to appear at the hearing, a one-year gun violence protective order issued pursuant to this section shall be personally served on the respondent by an officer of the appropriate county police department. The officer shall file the proof of service with the court within one business day of service. [L 2019, c 150, pt of §2]
Haw. Rev. Stat. § 122A-5 — HI Code / Division 1 / Title 10 / Chapter 122A / Section 122A-5
Uniform; rank precedence and command.
Status: in_force

(a) The Hawaii state defense force shall be uniformed. The governor shall prescribe by rules a distinctive uniform and insignia of the Hawaii state defense force.

(b) Grades and ranks shall exist in the Hawaii state defense force and shall be the same as those prescribed by federal law and regulations to exist in the army national guard. Members of the Hawaii state defense force in the same grade shall rank among themselves in the same manner as is prescribed by federal law and regulations for members of the army national guard in like grade.

(c) The senior officer present in any organization or formation of the Hawaii state defense force shall command, unless the governor shall designate another commanding officer. When in the active service of the State, an officer of the national guard assigned to any organization or formation of the Hawaii state defense force is eligible to command that organization or formation, but an officer of the Hawaii state defense force is not eligible to command an organization or formation of the national guard. [L 1987, c 35, pt of §1; am L 1988, c 135, §1]
Haw. Rev. Stat. § 134-21 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-21
Carrying or use of firearm in the commission of a separate felony; penalty.
Status: in_force

(a) It shall be unlawful for a person to knowingly carry on the person or have within the person's immediate control or intentionally use or threaten to use a firearm while engaged in the commission of a separate felony, whether the firearm was loaded or not, and whether operable or not; provided that a person shall not be prosecuted under this subsection when the separate felony is:

(1) A felony offense otherwise defined by this chapter;

(2) The felony offense of reckless endangering in the first degree under section 707-713;

(3) The felony offense of terroristic threatening in the first degree under section 707-716(1)(a), 707-716(1)(b), or [707-716(1)(e)]; or

(4) The felony offenses of criminal property damage in the first degree under section 708-820 or criminal property damage in the second degree under section 708-821 and the firearm is the instrument or means by which the property damage is caused.

(b) A conviction and sentence under this section shall be in addition to and not in lieu of any conviction and sentence for the separate felony; provided that the sentence imposed under this section may run concurrently or consecutively with the sentence for the separate felony.

(c) Any person violating this section shall be guilty of a class A felony. [L 2006, c 66, pt of §1]
Haw. Rev. Stat. § 121-22 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-22
Warrants of noncommissioned officers.
Status: in_force

The warrants of noncommissioned officers and appointments of private first-class and rated specialists shall be continued in force after discharge by reason of expiration of term of service if they reenlist on the day following their discharge and the vacancy caused by their discharge has not been filled.
Haw. Rev. Stat. § 134-21.5 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-21.5
Carrying of a firearm in the commission of a separate misdemeanor ; penalty.
Status: in_force

(a) It shall be unlawful for a person to knowingly carry on the person or have within the person's immediate control a firearm while engaged in the commission of a separate misdemeanor offense, whether the firearm was loaded or not, and whether operable or not; provided that a person shall not be prosecuted under this section when the separate offense is an offense otherwise defined by this chapter or is the offense of criminally negligent storage of a firearm under section 707-714.5.

(b) A conviction and sentence under this section shall be in addition to and not in lieu of any conviction and sentence for the separate misdemeanor; provided that the sentence imposed under this section may run concurrently or consecutively with the sentence for the separate misdemeanor.

(c) Any person violating this section shall be guilty of a class C felony.

(d) For the purposes of this section, "misdemeanor" does not include a petty misdemeanor. [L 2024, c 21, §2]
Haw. Rev. Stat. § 130-2 — HI Code / Division 1 / Title 10 / Chapter 130 / Section 130-2
Effect of official state acts.
Status: in_force

During such time as the seat of government remains at an emergency temporary location, or locations, all official acts required by law to be performed at the seat of government by any officer, agency, department, or authority of the State, including the convening and meeting of the legislature in any kind of session, shall be as valid and binding when performed at the emergency temporary location, or locations, as if performed at the normal location of the seat of government.
Haw. Rev. Stat. § 123-7 — HI Code / Division 1 / Title 10 / Chapter 123 / Section 123-7
Battalions and divisions.
Status: in_force

A battalion of naval militia shall be considered the equivalent of a battalion of land militia, and a division of naval militia shall be considered the equivalent of a company of land militia and equal in the state service, and they shall be entitled to equal rights, privileges, and allowances when not inconsistent with law.
Haw. Rev. Stat. § 134-33 — HI Code / Division 1 / Title 10 / Chapter 134 / Section 134-33
Punishment for violations of section 134-32.
Status: in_force

Any person who manufactures or sells any firearms within the State without having a valid license so to do, or who being a holder of a license violates any of the terms or conditions of the same, shall be fined not less than $100 nor more than $1,000 or imprisoned not less than three months nor more than one year.
Haw. Rev. Stat. § 121-37 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-37
Failure to return arms, etc.
Status: in_force

Every member of the militia who wilfully neglects to return to the armory or headquarters of the unit to which the member belongs, any arms, uniform, or equipment issued to the member by the State or its officers, within six days after being notified by the member's commanding officer to do so, shall be guilty of a misdemeanor, and shall be punishable by a fine not exceeding $50 or imprisonment for not more than thirty days.
Haw. Rev. Stat. § 125-5 — HI Code / Division 1 / Title 10 / Chapter 125 / Section 125-5
Contributions.
Status: in_force

The governor or the governor's authorized representative may receive, expend, or use contributions or grants in money or property, or special contributions thereof for special purposes provided for by this chapter, and may establish suitable funds in the treasury for the deposit and expenditures of the moneys. The contributions or grants are appropriated for the purpose of this chapter, or for such special purposes, as the case may be. [L Sp 1949, c 21, §5; RL 1955, §357-5; HRS §125-5; gen ch 1985]
Haw. Rev. Stat. § 128E-2 — HI Code / Division 1 / Title 10 / Chapter 128E / Section 128E-2
Designation and functions of the Hawaii state emergency response commission.
Status: in_force

(a) There is created the Hawaii state emergency response commission, which shall be placed within the department for administrative purposes and carry out the requirements of this chapter.

(b) The commission shall consist of the following members, who shall be appointed by the governor as provided in section 26-34:

(1) The director of health;

(2) The chairperson of the board of agriculture and biosecurity;

(3) The adjutant general;

(4) The director of labor and industrial relations;

(5) The chairperson of the board of land and natural resources;

(6) The director of the office of planning and sustainable development;

(7) The director of business, economic development, and tourism;

(8) The director of transportation;

(9) The dean of the University of Hawaii school of public health or the dean of the University of Hawaii school of medicine, as determined by the governor;

(10) One representative from each committee designated by the mayor of each respective county; and

(11) Other persons appointed by the governor to meet the minimum requirements of the Emergency Planning and Community Right-to-Know Act of 1986.

(c) A state officer who serves as a member of the commission may designate, in writing, another person to act in place of the officer. The designated person shall have all the powers of a commission member.

(d) The director shall be the chairperson of the commission. A vice-chairperson shall be designated by the chairperson to serve in the chairperson's absence. The chairperson or the vice-chairperson may assign, delegate, or transfer tasks, duties, and responsibilities to members of the commission.

(e) Commission members shall serve without compensation, but shall be reimbursed for actual and necessary expenses, including travel expenses, incurred in carrying out their duties.

(f) Commission and committee support personnel shall be supervised and administered by the chairperson as the primary agent responsible for performing the functions and duties of the commission. The department shall employ such professional, technical, administrative, and other staff personnel as may be deemed necessary to carry out the purposes of this chapter.

(g) The commission shall:

(1) Carry out the duties and responsibilities of a state emergency response commission as specified in the Emergency Planning and Community Right-to-Know Act of 1986;

(2) Develop state contingency plans relating to the implementation of this chapter;

(3) Supervise, coordinate, and provide staff support to the committees for the implementation of this chapter and the Emergency Planning and Community Right-to-Know Act of 1986;

(4) Develop a public information, education, and participation program for the public and facility owners covering the requirements of this chapter, and the interpretation of the chemical information collected pursuant to this chapter and the risks that these chemicals pose to the public health and environment;

(5) Appoint the members of the committees;

(6) Develop a state chemical inventory form to be used in lieu of the federal Tier II form and chemical list requirements; and

(7) Do all other things necessary for the implementation of this chapter and the requirements of the Emergency Planning and Community Right-to-Know Act of 1986. [L 1993, c 300, pt of §1; am L 2002, c 60, §2; am L 2021, c 152, §4 and c 153, §9 ; am L 2025, c 236, §18]
Haw. Rev. Stat. § 138-10 — HI Code / Division 1 / Title 10 / Chapter 138 / Section 138-10
Database or location information.
Status: in_force

(a) Any communications service location information obtained by any public safety answering point or public safety agency or its personnel for public safety purposes is not a government record open to disclosure under chapter 92F.

(b) A person shall not disclose or use, for any purpose other than the 911 calling system, information contained in the database of the communications service provider's network portion of the 911 calling system established pursuant to this chapter, without the prior written consent of the communications service provider. [L 2004, c 159, pt of §2; am L 2011, c 168, pt of §1; am L 2024, c 66, §11]
Haw. Rev. Stat. § 130-5 — HI Code / Division 1 / Title 10 / Chapter 130 / Section 130-5
Applicability.
Status: in_force

This chapter shall control and be supreme in the event it shall be employed notwithstanding any statutory, charter, or ordinance provision to the contrary or in conflict herewith.
Haw. Rev. Stat. § 132D-10 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-10
Permits.
Status: in_force

(a) A permit shall be required for the purchase and use of:

(1) Any consumer fireworks commonly known as firecrackers upon payment of a fee of $25;

(2) Any aerial devices, articles pyrotechnic, or display fireworks for the purposes of section 132D-16 upon payment of a fee of $110; and

(3) Any consumer fireworks for cultural uses that occur at any time other than during the periods prescribed in section 132D-3(1) upon a payment of a fee of $25.

(b) Each person may purchase a maximum of fifty permits per year; provided that this limit shall not apply to permits issued under subsection (a)(2); provided further that nothing in this section shall prohibit a county from enacting ordinances more stringent than this section for permits issued under subsection (a)(1) or (3). [L 1994, c 180, pt of §1; am L 2000, c 233, §10; am L 2006, c 183, §12; am L 2008, c 38, §3; am L 2025, c 243, §9]
Haw. Rev. Stat. § 132-16 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-16
State fire council; composition; functions.
Status: in_force

(a) There shall be established a state fire council, which shall be placed within the department of law enforcement for administrative purposes. The state fire council shall consist of the state fire marshal, the fire chiefs of the counties, the fire chief of the Hawaii state aircraft rescue fire fighting unit, and a representative of the division of forestry and wildlife of the department of land and natural resources. The state fire council may appoint an advisory committee to assist it in carrying out its functions under this chapter. The advisory committee may include the heads of the various county building departments, a licensed architect recommended by the Hawaii Society of the American Institute of Architects, a licensed electrical engineer and a licensed mechanical engineer recommended by the Consulting Engineers Council of Hawaii, a representative of the Hawaii Rating Bureau, a representative of the Hawaii Fire Fighters Association, representatives of the county fire departments, a representative of the Hawaii state aircraft rescue fire fighting unit, a representative of the division of forestry and wildlife of the department of land and natural resources, and other members of the public as the state fire council may determine can best assist it. The state fire council shall elect a chairperson from among its members.

(b) In addition to adopting a state fire code pursuant to section 132-3, the state fire council shall:

(1) Administer the requirements for reduced ignition propensity cigarettes, in accordance with chapter 132C;

(2) Serve as a focal point through which all applications to the federal government for federal grant assistance for fire-related projects shall be made. Upon the receipt of any federal grants, the state fire council shall administer those federal grants;

(3) Advise the governor and state fire marshal on fire policy issues and serve in an advisory capacity to the state fire marshal on strategies for the implementation of fire and life safety issues; and

(4) Coordinate with the state building code council on matters pertaining to fire safety.

(c) The state fire council may also:

(1) Appoint advisory committees comprising representatives from each county fire department, a representative of the Hawaii state aircraft rescue fire fighting unit, and a representative of the division of forestry and wildlife of the department of land and natural resources to assist in drafting the state fire code and coordinating statewide training, data collection, and contingency planning needs for firefighters;

(2) Advise and assist the county and state fire departments where appropriate; may prescribe standard procedures and forms relating to inspections, investigations, and reporting of fires; may approve plans for cooperation among the county and state fire departments; and may advise the governor and the legislature with respect to fire prevention and protection, life safety, and any other functions or activities for which the various county and state fire departments are generally responsible;

(3) Establish, in conformance with the adopted state fire code and nationally recognized standards, statewide qualifications and procedures, to be administered by the county fire departments, for testing, certifying, and credentialing individuals who perform maintenance and testing of portable fire extinguishers, water-based fire protection systems, other fire protection systems, private fire hydrants, and fire alarm systems; provided that the county fire departments may establish and charge reasonable certification fees ;

(4) Review any conflicts that may arise in the adoption, amendment, or implementation of the state fire codes at the state and county levels or in the adoption, amendment, or implementation of rules proposed or adopted by the office or the counties pursuant to this chapter; and

(5) The state fire council may adopt rules pursuant to chapter 91 for purposes of this section.

(d) The state fire council may adopt rules pursuant to chapter 91 for purposes of this section. [L 1978, c 241, §2(19); am L 1985, c 103, §1; am L 1987, c 271, §1; gen ch 1992; am L 2000, c 12, §1; am L 2005, c 190, §2; am L 2008, c 218, §2; am L 2014, c 165, §2; am L 2019, c 4, §2; am L 2023, c 142, §2; am L 2024, c 209, §4 ; am L 2025, c 302, §15]
Haw. Rev. Stat. § 132-8.5 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-8.5
Automatic elevators.
Status: in_force

(a) Every owner, as defined in section 132-8, of a building in a county with more than five floors above or below ground, in which there is an elevator having automatic operation, shall provide that one or more elevators in such building shall be arranged for use by firefighters as follows:

(1) A key-operated switch with light jewel shall be provided adjacent to the elevator at the street floor landing and may be provided at other landings subject to the discretion of the county fire chief. The key-operated switch shall remove the elevator from normal service and place it on firefighters' service.

(2) The key-operated switch shall, when operated, cancel existing car calls, prevent registration of further car calls, prevent the opening of the elevator doors except at the landing at which the switch is located, and cause the car to travel to that landing bypassing other landing calls. The light jewel shall be illuminated when the car is returning to the firefighters' landing in response to the operation of the key-operated switch.

(3) When the car arrives at the firefighters' landing, the doors shall open and remain open until closed by the operation of the elevator from the car.

(4) A key-operated switch shall be provided in the car which can be operated only by the key which operates the firefighters' landing switch and which, when operated, shall permit operation of the elevator only from the car-operating buttons and cause the elevator to bypass landing calls.

(b) In any case where a contract for the installation of an elevator in a building with more than five floors above or below ground, has been entered on or after July1, 1974, the elevator shall meet all requirements of the American National Standard Safety Code for Elevators, A17.1-1971, and supplements A17.1a-1972 and A17.1b-1973, as amended from time to time.

(c) The installation, operation, and maintenance of the safety feature prescribed in subsection (a) shall comply with Appendix E of the American National Standard Safety Code for Elevators A17.1-1971, as amended from time to time, and with rules promulgated in conformity with chapter 91 by each county fire chief.

(d) Each county fire chief shall, after consultation with the director of labor and industrial relations as administrator of the Hawaii Occupational Safety and Health Law under chapter 396, promulgate rules in conformity with chapter 91 necessary for the purposes of this section as it applies to all elevators contracted for, before July1, 1974.

(e) Any person who violates this section shall be subject to the penalties provided in section 132-13. [L 1972, c 24, §2; am L 1974, c 67, §1; HRS §132-9.5; am L 1977, c 191, §2; ren and am L 1978, c 241, §2(10)]
Haw. Rev. Stat. § 122A-10 — HI Code / Division 1 / Title 10 / Chapter 122A / Section 122A-10
Training.
Status: in_force

(a) Each organization of the Hawaii state defense force shall assemble for training, drill, and instruction as ordered by the governor or the adjutant general.

(b) To the extent authorized and permitted by federal law and regulations, the governor or the adjutant general may:

(1) Detail officers and members of the national guard to train and instruct the Hawaii state defense force; and

(2) Provide for the attendance of members of the Hawaii state defense force at service schools and other courses of training or instruction conducted by the armed forces of the United States.

(c) When actually engaged in training, drill, or instruction prescribed by this section, a member of the Hawaii state defense force shall be deemed to be in the active service of the State. [L 1987, c 35, pt of §1; am L 1988, c 135, §1]
Haw. Rev. Stat. § 135-2 — HI Code / Division 1 / Title 10 / Chapter 135 / Section 135-2
Authority of chief of police and their authorized representatives.
Status: in_force

In times of an emergency or traffic accident, the chief of police may divert vehicles, pedestrians, bicyclists, or a combination thereof, onto existing private roads or pathways on private real property for the purpose of accommodating the movement of people and vehicles away from an emergency or traffic accident area.
Haw. Rev. Stat. § 128D-20 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-20
De minimis settlements.
Status: in_force

(a) Whenever practicable and in the public interest, the director, in consultation with the attorney general, as promptly as possible, shall reach a final settlement with a potentially responsible party in any administrative or civil action brought under this chapter, provided that the settlement involves only a minor portion of the response costs at the facility concerned and, in the judgment of the director, the conditions in either paragraph (1) or (2) are met:

(1) Both the amount of the hazardous substances contributed by that party to the facility and the toxic or other hazardous effects of the substances contributed by that party to the facility are minimal in comparison to other hazardous substances at the facility; or

(2) The potentially responsible party is the owner of the real property on or in which the facility is located, and did not conduct or permit the generation, transportation, storage, treatment, or disposal of any hazardous substance at the facility, and did not contribute to the release or threat of release of a hazardous substance at the facility through any action or omission.

This subsection shall not apply if the potentially responsible party purchases the real property with actual or constructive knowledge that the property was used for the generation, storage, treatment, or disposal of any hazardous substance.

(b) The director may provide a covenant not to sue with respect to the facility concerned to any party who has entered into a settlement under this section unless such a covenant would be inconsistent with the public interest.

(c) The director shall reach any such settlement or grant such covenant not to sue as soon as possible after the director has available the information necessary to reach such a settlement or grant such a covenant.

(d) A settlement under this section shall be entered as a consent decree or embodied in an administrative order setting forth the terms of the settlement. Any [environmental court] with jurisdiction may enforce any such consent decree or administrative order.

(e) A party who has resolved its liability to the State under this section shall not be liable for claims for contribution or indemnity regarding matters addressed in the settlement. Such settlement does not discharge any of the other potentially responsible parties unless its terms so provide, but it reduces the potential liability of the others by the amount of the settlement.

(f) Nothing in this section shall be construed to affect the authority of the director to reach settlements with other potentially responsible parties. [L 1991, c 280, pt of §1; am L 2014, c 218, §8]

Revision Note

"State court", as amended by L 2014, c 218, §8, changed to "environmental court" pursuant to §23G-15.
Haw. Rev. Stat. § 128D-2.6 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-2.6
Ecological risk assessor.
Status: in_force

The department may establish a permanent exempt position for an ecological risk assessor for the purpose of assessing ecological risks and damages. The position shall be appointed by the director without regard to chapter 76.
Haw. Rev. Stat. § 132D-26 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-26
Disposal of confiscated fireworks or articles pyrotechnic.
Status: in_force

Any law enforcement agency or county fire department that confiscates prohibited fireworks or articles pyrotechnic pursuant to this chapter may safely destroy or dispose of the confiscated fireworks or articles pyrotechnic; provided that the law enforcement agency or county fire department shall retain a sample or specimen of each type of confiscated firework or article pyrotechnic for evidentiary purposes.
Haw. Rev. Stat. § 121-34 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-34
Right-of-way on street, violation, and penalty.
Status: in_force

Any portion of the army or air national guard while parading, drilling, moving in convoy, or performing any military duty pursuant to orders and according to law, shall have the right-of-way in any street or highway through which they may pass; provided that the carriage of the United States mail or the legitimate functions of the police and the progress and operations of fire engines and fire departments shall not be interfered with thereby. Any person who wilfully interferes or obstructs such right-of-way shall be guilty of a misdemeanor and shall be punishable by a fine not exceeding $100.
Haw. Rev. Stat. § 128D-12 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-12
Confidentiality of information.
Status: in_force

(a) Any record, report, or information obtained from any persons under section 128D-4(a) and (b) shall be available to the public, except as provided in subsection (b).

(b) Upon a showing satisfactory to the department that public disclosure of records, reports, or information, or a particular part thereof, obtained by the department, its personnel or contractors pursuant to this chapter, would divulge commercial or financial information entitled to protection under state or federal law, the department shall consider such information to be confidential and not a public record open to disclosure.

(c) No records, reports, or information for which confidentiality is claimed by the person from whom they are obtained shall be disclosed until such person has received reasonable notice under the procedures set forth in 40 Code of Federal Regulations Part 2, section 2.201 et seq. and has had the opportunity to demonstrate why these should not be disclosed, including a reasonable opportunity to obtain judicial relief. In any such proceeding, confidentiality shall be accorded to any documents which satisfy the criteria set forth in 40 Code of Federal Regulations Part 2 or any rules adopted by the department.

(d) No confidential information, obtained pursuant to this chapter by any official or employee of the department within the scope and cause of this official's or employee's employment in the prevention, control, or cleanup of releases of hazardous substances or pollutants or contaminants into the environment, shall be disclosed by the official or employee with the following exception: the document or information may be disclosed to officers, employees, or authorized representatives of the State or of the United States, including local government entities, who have been charged with carrying out this chapter, including a cost recovery or an enforcement action, or to comply with any state law, CERCLA, or the Clean Water Act, or when relevant in any proceeding under this chapter. Persons receiving information pursuant to this subsection shall maintain the confidentiality of the information which is provided in this section to the maximum extent allowed by law. [L 1990, c 298, pt of §17; am L 1991, c 280, §13]
Haw. Rev. Stat. § 132-14 — HI Code / Division 1 / Title 10 / Chapter 132 / Section 132-14
Educational powers of county fire chiefs.
Status: in_force

The fire chiefs of each county may:

(1) Appoint advisers, promote and secure the appointment and service of committees of commercial, industrial, labor, civic, and other organizations, who shall, without compensation, assist the county fire chief in establishing standards of safety;

(2) Establish and maintain museums and exhibits of safety and fire prevention in which shall be exhibited equipment, safeguards, and other means and methods for protection against fire loss, and publish and distribute bulletins on any phase of this general subject;

(3) Cause lectures to be delivered, illustrated by stereopticon or other views, diagrams, or pictures, for the information of owners or other persons and the general public, in regard to the causes and prevention of fires and related subjects. [L 1917, c 115, pt of §49; RL 1925, pt of §3463; RL 1935, pt of §6839; am L 1939, c 239, §1(15); RL 1945, §8539; RL 1955, §184-16; HRS §132-16; ren and am L 1978, c 241, §2(17)]
Haw. Rev. Stat. § 125-2 — HI Code / Division 1 / Title 10 / Chapter 125 / Section 125-2
Powers in an emergency.
Status: in_force

If the governor declares that an emergency as defined in section 125-1 exists, the governor or the governor's authorized representatives, to make available commodities necessary to the public health, safety, or welfare, or to insure the availability of commodities required to maintain commerce to or within the State under normal conditions, may:

(1) Whenever the availability of shipping space depends upon determination by the governor or the governor's authorized representatives, of the emergency needs of the population, allocate space to and among types of commodities and consignees, such distribution of space among consignees to be upon an equitable basis so far as reasonably practicable.

(2) Charter or affreight a ship or ships, make any other arrangements, including contracts of guaranty, for the procurement of ships and any other means of transportation, and transport cargoes to the State. Cargoes from the State may be transported on any return voyage.

(3) Purchase and resell, or otherwise distribute commodities.

(4) Control the distribution of commodities by rules and regulations promulgated pursuant to chapter 91. [L Sp 1949, c 21, §2; RL 1955, §357-2; HRS §125-2; am L 1973, c 195, §2; am L 1974, c 5, §2; gen ch 1985]
Haw. Rev. Stat. § 128A-5 — HI Code / Division 1 / Title 10 / Chapter 128A / Section 128A-5
County organizations for homeland security.
Status: in_force

Counties are authorized, but not required, to establish organizations for homeland security. If a county does not establish a separate organization for homeland security, the functions listed in section 128A-4 shall be incorporated into the responsibilities of the county emergency management agency.
Haw. Rev. Stat. § 132D-22 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-22
Entry onto premises; inspection of premises, books, and records; obstructing inspector operations; penalty.
Status: in_force

(a) Any inspector may, at reasonable hours, enter and inspect the premises of a licensee or permittee and any relevant books or records therein to verify compliance with this chapter and the conditions of the license or permit.

(b) Upon a request by any inspector to enter and inspect the premises of a licensee or permittee at reasonable hours, the licensee, the permittee, or an employee of the licensee or permittee shall make the premises and all relevant books and records therein available for immediate inspection and examination.

(c) Any licensee or permittee who refuses the inspector entry or access to the premises, books, or records shall be in violation of the conditions of the license or permit. After a hearing, the issuing department shall suspend or revoke the license or permit for refusing entry or access or for violations of any other requirement or condition of the license or permit or any provision of this chapter or rule adopted pursuant to this chapter. The issuing department shall provide the licensee or permittee with a written notice and order describing the basis for the suspension or revocation. Any person aggrieved by the suspension or revocation determination may request a contested case hearing pursuant to chapter 91. To request a contested case hearing, the person shall submit a written request to the issuing department within thirty calendar days of the date of the notice and order of the suspension or revocation. Appeal to the circuit court under section 91-14, or any other applicable statute, shall only be taken from the issuing department's final order pursuant to a contested case.

(d) Any licensee, permittee, employee of a licensee or permittee, or other person who:

(1) Threatens with the use of violence, force, or physical interference or obstacle, or hinders, obstructs, or prevents any inspector, or any person assisting an inspector, from entering into the premises of the licensee or permittee; or

(2) Opposes, obstructs, or molests an inspector in the inspector's enforcement of this chapter,

shall be guilty of a misdemeanor, punishable by a fine of no more than $2,000 or imprisonment for no more than one year, or both.

(e) If any inspector having demanded admittance onto the premises of a licensee or permittee and declared the inspector's name and office, is not admitted by the licensee, permittee, or person in charge of the premises, the inspector may use force to enter the premises.

(f) For purposes of this section:

"Inspector" means any county fire department officer, including firefighters.

"Premises of a licensee or permittee" does not include the licensee's or permittee's private residence or a dwelling that is considered to be the person's dwelling, including a single-family house, apartment unit, condominium, townhouse, or cooperative unit. [L 2024, c 208, pt of §2; am L 2025, c 243, §17]
Haw. Rev. Stat. § 121-8 — HI Code / Division 1 / Title 10 / Chapter 121 / Section 121-8
Adjutant general; rank, salary.
Status: in_force

The adjutant general shall have the grade of a general officer. The salary of the adjutant general shall be subject to section 26-52.
Haw. Rev. Stat. § 128E-10 — HI Code / Division 1 / Title 10 / Chapter 128E / Section 128E-10
Immunity from civil liability.
Status: in_force

(a) No employee, representative, or agent of a state or county agency, or persons requested by a state or county agency to engage in any emergency service or response activities involving a hazardous material release at a facility or transportation accident site, shall be liable for the death of or any injury to persons, or the loss of or damage to property, resulting from that hazardous material release, except for any acts or omissions that constitute wilful misconduct.

(b) No commission or committee member shall be liable for the death of or any injury to persons, the loss of or damage to property, or any civil damages, resulting from any act or omission arising out of the performance of the functions, duties, and responsibilities of the commission or a committee, except for acts or omissions that constitute wilful misconduct. [L 1993, c 300, pt of §1]
Haw. Rev. Stat. § 125C-9 — HI Code / Division 1 / Title 10 / Chapter 125C / Section 125C-9
Investigations and surveys.
Status: in_force

The governor or the governor's authorized representative may make investigations and surveys for the purpose of ascertaining facts to be used in administering this chapter, and in making the investigations and surveys, may require the making, filing, or keeping of applications, schedules, records, reports, or statements, under oath or otherwise, administer oaths, take evidence under oath, subpoena witnesses, and require the production of books, papers, and records. Witnesses shall be allowed their fees and mileage as in cases in the circuit courts. The circuit court of any circuit or judge thereof may enforce by proper proceedings the attendance and testimony of any witness subpoenaed to appear within the circuit, or the production of books, papers, and records.
Haw. Rev. Stat. § 127A-20 — HI Code / Division 1 / Title 10 / Chapter 127A / Section 127A-20
Immunity from liability of private shelter.
Status: in_force

(a) Any individual, partnership, firm, society, unincorporated association, joint venture group, hui, joint stock company, corporation, trustee, personal representative, trust estate, decedent's estate, trust, or other legal entity whether doing business for itself or in a fiduciary capacity, owning or controlling real property, that voluntarily and without compensation grants a license or privilege for, or otherwise permits, the designation by the emergency management agency of the county in which the building is located for the use of the property, in whole or in part, for the purpose of sheltering persons during emergencies and disasters, shall, together with its successors in interest, if any, not be civilly liable for negligently causing the death of or injury to any person or damage to any personal property on the property of the licensor in connection with the use of the licensed premises for the purposes designated.

(b) For the purposes of this section, the following shall not be considered compensation:

(1) Any compensation or consideration paid by or on behalf of any guest or person for transient accommodation lodging;

(2) Any compensation or consideration paid for any patient, resident, or ward present or residing in any hospital, community-based care home, home-based care home, or healthcare agency of any type licensed by the department of health or the department of human services and used as a private shelter under this section; provided that the protections afforded by this section shall not extend beyond the use of the private shelter under this section for any other duty or standard of care owed to any patient, resident, or ward; and

(3) Any compensation or consideration paid by or on behalf of any minor or student of any age in any day care, preschool, elementary school, middle school, or any other educational facility used as a private shelter under this section. [L 2014, c 111, pt of §2]
Haw. Rev. Stat. § 128D-33 — HI Code / Division 1 / Title 10 / Chapter 128D / Section 128D-33
Eligibility.
Status: in_force

(a) This part shall apply to all releases or threats of releases to which the director is authorized to respond under section 128D-4, except:

(1) A site listed or proposed to be listed on the National Priorities List (NPL) pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA);

(2) Those sites with respect to which an order or other enforcement actions has been issued or entered under CERCLA and is still in effect;

(3) A site where the United States Coast Guard has issued a federal Letter of Interest;

(4) A site that is subject to corrective action under Subtitle C of the Resource Conservation and Recovery Act (RCRA) or chapter 342J; and

(5) A site that poses an imminent and substantial threat to human health, the environment, or natural resources as determined by the director.

(b) The requesting party shall provide the department with written consent from the property owner to conduct the voluntary response action including any restrictions of property rights.

(c) The requesting party shall pay a nonrefundable processing fee of $1,000 with each application to be eligible for a voluntary response action. [L 1997, c 377, pt of §2; am L 1998, c 233, §2]
Haw. Rev. Stat. § 132D-17.5 — HI Code / Division 1 / Title 10 / Chapter 132D / Section 132D-17.5
County ordinances.
Status: in_force

(a) Nothing in this chapter shall be construed to supersede or in any manner affect a county fireworks ordinance; provided that the ordinance is at least as stringent in the control or prohibition of aerial devices, articles pyrotechnic, consumer fireworks, and display fireworks as the law under this chapter.

(b) Nothing in this chapter shall prohibit a county from enacting ordinances that are more stringent in the control or prohibition of aerial devices, articles pyrotechnic, consumer fireworks, and display fireworks than this chapter. [L 2010, c 170, §1; am L 2025, c 243, §15]