2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-9 Licenses to carry.

§134-9 Licenses to carry.
(a) The chief of police of a county shall grant a license to an applicant to carry a pistol or revolver and ammunition concealed on the licensee's person within the State, if the applicant:
(1) Satisfies each of the criteria established by or pursuant to subsection (d);
(2) Is not prohibited under section 134-7 from the ownership, possession, or control of a firearm and ammunition;
(3) Is not found to be lacking the essential character or temperament necessary to be entrusted with a firearm as set forth in subsection (h);
(4) Is a citizen, national, or lawful permanent resident of the United States or a duly accredited official representative of a foreign nation;
(5) Is a resident of the State; and
(6) Is of the age of twenty-one years or more.
(b) The chief of police of a county may grant to an applicant a license to carry a pistol or revolver and ammunition unconcealed on the licensee's person within the county where the license is granted, if the applicant:
(1) Sufficiently establishes the urgency or need to carry a firearm unconcealed;
(2) Is engaged in the protection of life and property;
(3) Satisfies each of the criteria established by or pursuant to subsection (d);
(4) Is not prohibited under section 134-7 from the ownership, possession, or control of a firearm and ammunition;
(5) Is not found to be lacking the essential character or temperament necessary to be entrusted with a firearm as set forth in subsection (h);
(6) Is a citizen, national, or lawful permanent resident of the United States; and
(7) Is of the age of twenty-one years or more.
(c) The chief of police of the appropriate county, or a designated representative of the chief of police, shall perform an inquiry on an applicant by using the National Instant Criminal Background Check System, to include a check of the Immigration and Customs Enforcement databases if the applicant is not a citizen of the United States, before any determination to grant a concealed or unconcealed license is made.
(d) To be eligible to receive a license to carry a concealed or unconcealed pistol or revolver on the licensee's person, the applicant shall:
(1) Submit the appropriate carry license application, in person, to the chief of police of the appropriate county, with:
(A) All fields on the application form completed and all questions answered truthfully, under penalty of law;
(B) All required signatures present on the application;
(C) Any required documents attached to the application; and
(D) Payment of the nonrefundable license application fee required under this section;
(2) Be the registered owner of the firearm or firearms for which the license to carry will be issued; provided that this paragraph shall not apply to detectives, private detectives, investigators, and guards with an active license issued pursuant to chapter 463;
(3) Not be prohibited under section 134-7 from the ownership, possession, or control of a firearm;
(4) Have completed a course of training as described in subsection (e) and be certified as qualified to use the firearm or firearms for which the license to carry will be issued in a safe manner; and
(5) Sign an affidavit expressly acknowledging that:
(A) The applicant has read and is responsible for understanding and complying with the federal, state, and county laws governing the permissible use of firearms and associated requirements, including:
(i) The prohibition on carrying or possessing a firearm in certain locations and premises;
(ii) The prohibition on carrying more than one firearm on the licensee's person at one time;
(iii) The prohibition on carrying a firearm on private property of another person without the express authorization of the owner, lessee, operator, or manager of the private property;
(iv) The requirement to maintain possession of the license on the licensee's person while carrying a firearm;
(v) The requirement to disclose information regarding the carrying of a firearm when stopped by law enforcement;
(vi) The provision for absolute liability for injury or property damage proximately caused by a legally unjustified discharge of a firearm under section 663-9.5; and
(vii) Laws regarding the use of deadly force for self-defense or the defense of another;
(B) A license to carry issued under this section shall be void if a licensee becomes disqualified from the ownership, possession, or control of a firearm pursuant to section 134-7(a), (b), (d), or (f);
(C) The license shall be subject to revocation under section 134-13 if a licensee for any other reason becomes disqualified under section 134-7 from the ownership, possession, or control of a firearm; and
(D) A license that is revoked or that becomes void shall be returned to the chief of police of the appropriate county within forty-eight hours after the license is revoked or becomes void.
(e) The course of training for issuance of a license under this section may be any course acceptable to the licensing authority that meets all of the following criteria:
(1) The course shall include in-person instruction on firearm safety; firearm handling; shooting technique; safe storage; legal methods to transport firearms and secure firearms in vehicles; laws governing places in which persons are prohibited from carrying a firearm; firearm usage in low-light situations; situational awareness and conflict management; and laws governing firearms, including information regarding the circumstances in which deadly force may be used for self-defense or the defense of another;
(2) The course shall include a component on mental health and mental health resources;
(3) Except for the component on mental health and mental health resources, the course shall be conducted by one or more firearms instructors certified or verified by the chief of police of the respective county or a designee of the chief of police or certified by a nongovernmental organization approved for those purposes by the chief of police of the respective county or a designee of the chief of police, or conducted by one or more certified military firearms instructors;
(4) The course shall require participants to demonstrate their understanding of the covered topics by achieving a score of at least seventy per cent on a written examination; and
(5) The course shall include live-fire shooting exercises on a firing range and shall include a demonstration by the applicant of safe handling of, and shooting proficiency with, each firearm that the applicant is applying to be licensed to carry.
(f) Upon passing the course of training identified in subsection (e), the applicant shall obtain from the instructor, and include as part of the applicant's application package, a certification as to the following:
(1) The applicant's name, as confirmed by reviewing the applicant's government-issued photo identification;
(2) The date and location of the firearm proficiency test;
(3) The firearm or firearms that the applicant used in the firearm proficiency test;
(4) The applicant's score; provided that an indication that the applicant passed or failed, without the score itself, shall be insufficient information for the purposes of the application; and
(5) The instructor's qualifications to administer the firearm proficiency test.
The certification of the above information, signed by the firearms instructor who conducted or taught the course, providing the name, address, and phone number of the instructor, shall constitute evidence of successful completion of the course; provided that the instructor shall not submit a certification signed by the instructor for the instructor's own license application. The course of training for issuance of a license under this section shall be undertaken at the licensee's expense.
(g) An applicant for a license under this section shall:
(1) Sign a waiver at the time of application, allowing the chief of police of the county issuing the license or a designee of the chief of police access to any records that have a bearing on the mental health of the applicant; and
(2) Identify any health care providers who possess or may possess the records described in paragraph (1).
(h) In determining whether a person lacks the essential character or temperament necessary to be entrusted with a firearm, the licensing authority shall consider whether the person poses a danger of causing a self-inflicted bodily injury or unlawful injury to another person, as evidenced by:
(1) Information from a health care provider indicating that the person has had suicidal or homicidal thoughts or tendencies within the preceding five years;
(2) Statements or actions by the person indicating any dangerous propensity or violent animus toward one or more individuals or groups, including groups based on race, color, national origin, ancestry, sex, gender identity, gender expression, sexual orientation, age, disability, religion, or any other characteristic, and the propensity or animus is of a nature or to an extent that would objectively indicate to a reasonable observer that it would not be in the interest of the public health, safety, or welfare for the person to own, possess, or control a firearm or ammunition; or
(3) Other information that would lead a reasonable, objective observer to conclude that the person presents or would present a danger to the community as a result of carrying a firearm in public or intends or is likely to use a firearm for an unlawful purpose or in an unlawful manner.
(i) A nonrefundable fee of $150 shall be charged for each license application submitted under this section. The fee shall be chargeable by and payable to the appropriate county and shall be used for expenses related to police services. The issuing authority shall waive the fee required by this subsection upon a showing of financial hardship by the applicant.
(j) If the applicant satisfies each of the requirements for a concealed carry license, an application for a concealed carry license submitted to the chief of police of the appropriate county under this section shall be approved within a reasonable time after receipt of all required application materials. If the applicant does not satisfy one or more of the requirements for a concealed carry license, the license shall be denied within a reasonable time after receipt of the application materials. If an application is denied, the chief of police or a designee of the chief of police shall notify the applicant of the denial in writing, stating the ground or grounds for the denial and informing the applicant of the right to seek review of the denial through a hearing pursuant to subsection (k). If the chief of police does not grant or deny a submitted application for a concealed carry license within one hundred twenty days following the date of the application, the application shall be deemed denied as of that date for purposes of subsection (k).
(k) If an application under this section is denied, a person or entity aggrieved by the denial shall be entitled to a hearing before the chief of police of the appropriate county or a designee of the chief of police. A person or entity aggrieved by the denial shall submit a request for a hearing in writing to the chief of police of the appropriate county no later than thirty days following the date of the decision or determination notice. The hearing shall constitute a contested case hearing for purposes of chapter 91. Following the hearing and final decision, an aggrieved party shall be entitled to a judicial review proceeding in state circuit court in accordance with section 91-14.
(l) If an application pursuant to this section is approved, the chief of police shall issue the applicant a license that contains, at minimum:
(1) The licensee's name;
(2) The licensee's address;
(3) A photograph of the licensee taken within ninety days before issuance of the license;
(4) The county of issuance;
(5) A notation as to whether the license permits concealed or unconcealed carry;
(6) The serial number of each registered firearm that the licensee may carry pursuant to the license; and
(7) The license expiration date.
The license issued under this subsection shall not constitute a government-issued photo identification document under federal or state law.
(m) Unless renewed, a concealed or unconcealed license shall expire four years from the date of issue.
(n) A license to carry issued under this section shall be void if a licensee becomes disqualified from the ownership, possession, or control of a firearm pursuant to section 134-7(a), (b), (d), or (f). If a licensee for any other reason becomes disqualified under section 134-7 from the ownership, possession, or control of a firearm, the license shall be subject to revocation under section 134-13. A license that is void or revoked shall be returned to the chief of police of the appropriate county within forty-eight hours after the license becomes void or is revoked.
(o) The chief of police of each county shall adopt procedures to implement this section.
(p) The chief of police of each county shall establish procedures and criteria for the renewal of licenses issued under this section. No license renewal shall be granted if an applicant for a renewed license does not satisfy, or no longer satisfies, the eligibility criteria for a new license set forth in subsections (a) through (d). As a precondition for the renewal of licenses issued under this section, the chief of police of each county may establish reasonable continuing education, training, and certification requirements, including requirements pertaining to the safe handling of firearms and shooting proficiency. A nonrefundable fee of $50 shall be charged for each license renewal application submitted under this section. The fee shall be chargeable by and payable to the appropriate county and shall be used for expenses related to police services. The issuing authority shall waive the fee required by this subsection upon a showing of financial hardship by the applicant.
(q) No person carrying a firearm pursuant to a license issued under this section shall intentionally, knowingly, or recklessly carry more than one firearm on the licensee's person at one time.
(r) A license issued by the chief of police of a county within the State under subsection (a) to carry a pistol or revolver and ammunition concealed on the licensee's person shall be valid for use in each county within the State. [L 1988, c 275, pt of §2; am L 1994, c 204, §8; am L 1997, c 254, § §2, 4; am L 2000, c 96, §1; am L 2002, c 79, §1; am L 2006, c 27, §3 and c 66, §3; am L 2007, c 9, §8; am L 2023, c 52, §7]
Attorney General Opinions
An applicant for an unconcealed-carry license does not demonstrate "good moral character", as required by this section, where there is reliable and credible evidence that, if issued a license, the applicant may create a risk to public safety. Consequently, an application should be denied when the applicant exhibits specific and articulable indicia that the applicant poses a heightened risk to public safety. Att. Gen. Op. 18-1.
Applicants for an unconcealed-carry license must demonstrate a need to carry a firearm for protection that substantially exceeds the need possessed by ordinary law-abiding citizens. Att. Gen. Op. 18-1.
By its plain text, the legislative history, and applicable case law, this section does not limit unconcealed-carry licenses to private security officers and other individuals whose jobs entail the protection of life and property, but instead authorizes the issuance of those licenses to any qualified individual who demonstrates a sufficient "urgency" or "need" to carry a firearm and is "engaged in the protection of life and property". Att. Gen. Op. 18-1.
Chiefs of police may exercise reasonable discretion to deny licenses to otherwise-qualified applicants, but that discretion may not be exercised in an arbitrary or capricious manner. The discretion to deny unconcealed-carry licenses to qualified applicants should be exercised only where an applicant's characteristics or circumstances render the applicant unsuitable to carry an unconcealed firearm for reasons not captured by the express statutory requirements. Discretion may not be used to effectively nullify the authorization for unconcealed-carry licenses contained in this section or to impose categorical restrictions on unconcealed-carry licenses that the legislature did not enact. Att. Gen. Op. 18-1.
Following the decision in
New York State Rifle & Pistol Association v. Bruen
, the requirement in this section that an applicant "[i]n an exceptional case . . . show[] reason to fear injury to the applicant's person or property" to obtain a concealed carry license should no longer be enforced. All other statutory requirements for obtaining a concealed carry license are unaffected by
Bruen
. Further,
Bruen
does not require any change to the requirements established under this section to obtain an unconcealed carry license. Att. Gen. Op. 22-02.
Case Notes
Discussed: 911 F. Supp. 2d 972 (2012).
Mentioned: 74 H. 197, 840 P.2d 374 (1992).