reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-26 Carrying or possessing a loaded firearm on a public highway; penalty.

§134-26 Carrying or possessing a loaded firearm on a public highway; penalty.
(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]
Case Notes
Discussed: 911 F. Supp. 2d 972 (2012).
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-27 Place to keep ammunition; penalty.

§134-27 Place to keep ammunition; penalty.
(a) Except as provided in sections 134-5 and 134-9, all ammunition shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry ammunition in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:
(1) A place of repair;
(2) A target range;
(3) A licensed dealer's place of business;
(4) An organized, scheduled firearms show or exhibit;
(5) A place of formal hunter or firearm use training or instruction; or
(6) A police station.
"Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the ammunition.
(b) Any person violating this section shall be guilty of a misdemeanor. [L 2006, c 66, pt of §1]
Case Notes
Discussed: 911 F. Supp. 2d 972 (2012).
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-28 Explosive devices; prohibitions; penalty.

§134-28 Explosive devices; prohibitions; penalty.
(a) It shall be unlawful for any person to knowingly or intentionally possess, construct, set off, ignite, discharge, or otherwise cause to explode any homemade explosive device.
(b) Any person violating this section shall be guilty of a class C felony.
(c) A violation of this section shall be construed as an offense distinct from an offense under section 134-8.
(d) For the purposes of this section, "homemade explosive device" means a non-commercially manufactured device composed of a single ingredient, or mixture of ingredients, capable of instantaneously releasing a sufficient amount of energy to inflict substantial damage to persons or property. [L 2011, c 222, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-31 License to sell and manufacture firearms; fee.

§134-31 License to sell and manufacture firearms; fee.
Any person desiring to engage in the business to sell and manufacture firearms for sale in the State either at wholesale or retail, shall annually file an application for a license therefor with the director of finance of each county of the State. The annual fee for the issuance of such license shall be $10 and shall be payable to said director of finance. A license issued hereunder shall expire on June 30 next following the date of issuance of the license unless sooner terminated. Application for renewal of license shall be filed on or before June 30 of each year. [L 1921, c 13, pt of §1; RL 1925, §2033; RL 1935, §2554; RL 1945, §7195; am L 1953, c 155, §1(a); RL 1955, §157-30; HRS §134-31; am L 1972, c 30, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-32 License to sell and manufacture firearms; conditions.

§134-32 License to sell and manufacture firearms; conditions.
Every license issued pursuant to this part shall be issued and shall be regarded as having been accepted by the licensee subject to the following conditions:
(1) That the licensee at all times shall comply with all provisions of law relative to the sale of firearms.
(2) That the license during any time of national emergency or crisis, as defined in section 134-34, may be canceled or suspended.
(3) That all firearms in the possession and control of any licensee at any time of national emergency or crisis, as defined in section 134-34, may be seized and held in possession or purchased by or on the order of the governor until such time as the national emergency or crisis has passed, or until such time as the licensee and the government of the United States or the government of the State may agree upon some other disposition of the same.
(4) That all firearms in the possession and control of the licensee or registered pursuant to section 134-3(c) by the licensee shall be subject to physical inspection by the chief of police of each county during normal business hours at the licensee's place of business.
(5) That the license may be revoked for a violation of any of the conditions of this section. [L 1921, c 13, pt of §1; RL 1925, §2034; RL 1935, §2555; RL 1945, §7196; am L 1953, c 155, §1(b); RL 1955, §157-31; HRS §134-32; am L 1988, c 275, §3; am L 1989, c 261, §7; am L 1994, c 204, §11]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-33 Punishment for violations of section 134-32.

§134-33 Punishment for violations of section 134-32.
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. [L 1921, c 13, pt of §1; RL 1925, §2036; RL 1935, §2557; RL 1945, §7198; am L 1953, c 155, §1(c); am L 1955, c 54, §2; RL 1955, §157-33; HRS §134-33]
Cross References
Classification of offense and authorized punishment, see § §701-107, 706-640, and 706-663.
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-34 National emergency, when.

§134-34 National emergency, when.
A national emergency or crisis shall be deemed to have arisen when the governor and the senior United States military commander headquartered in the State or, in the absence of the commander, a duly designated representative have, in the exercise of their discretion, so determined. [L 1921, c 13, pt of §1; RL 1925, §2035; RL 1935, §2556; RL 1945, §7197; RL 1955, §157-32; HRS §134-34; am L 1989, c 215, §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-52 Switchblade knives; prohibitions; penalty.

§134-52 Switchblade knives; prohibitions; penalty.
(a) Whoever knowingly manufactures, sells, transfers, possesses, or transports in the State any switchblade knife, being any knife having a blade which opens automatically (1) by hand pressure applied to a button or other device in the handle of the knife, or (2) by operation of inertia, gravity, or both, shall be guilty of a misdemeanor.
(b) Whoever knowingly possesses or intentionally uses or threatens to use a switchblade knife while engaged in the commission of a crime shall be guilty of a class C felony. [L 1959, c 225, §1; Supp, §264-9; HRS §769-1; ren L 1972, c 9, pt of §1; am L 1990, c 195, §4]
Case Notes
A butterfly knife is not a switchblade knife. 73 H. 89, 828 P.2d 272 (1992).
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-53 Butterfly knives; prohibitions; penalty.

§134-53 Butterfly knives; prohibitions; penalty.
(a) Whoever knowingly manufactures, sells, transfers, possesses, or transports in the State any butterfly knife, being a 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, 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 crime shall be guilty of a class C felony. [L 1999, c 285, §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-61 Definitions.

§134-61 Definitions.
For the purposes of this part:
"Bodily injury" has the same meaning as in section 707-700.
"Business day" has the same meaning as in section 709-906.
"Colleague" means a person employed or working at the same place of business or employment as the respondent.
"Educator" means a person employed at an institution of learning at which the respondent may have a connection.
"Ex parte gun violence protective order" means an order issued by the family court, pursuant to section 134-64, prohibiting the respondent from owning, purchasing, possessing, receiving, or having in the respondent's custody or control any firearm or ammunition until the court-scheduled hearing for a one-year gun violence protective order.
"Family or household member" means any spouse or reciprocal beneficiary, former spouse or former reciprocal beneficiary, person with whom the respondent has a child in common, parent, child, person related by consanguinity, person related by adoption, person jointly residing or who formerly jointly resided with a respondent in the same dwelling unit as the respondent, person who has or has had a dating relationship, or person who is or has acted as the respondent's legal guardian. "Family or household member" includes a person who is an adult roommate or a co-habitant of a respondent.
"Medical professional" means a licensed physician, advanced practice registered nurse, psychologist, or psychiatrist who has examined the respondent.
"One-year gun violence protective order" means an order issued by the family court, pursuant to section 134-65, prohibiting the respondent from owning, purchasing, possessing, receiving, or having in the respondent's custody or control any firearm or ammunition for a period of one year.
"Petitioner" means a law enforcement officer, family or household member of the respondent, medical professional, educator, or colleague, who files a petition pursuant to section 134-64 or section 134-65.
"Respondent" means the person identified in the petition filed pursuant to section 134-64 or section 134-65. [L 2019, c 150, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-62 Court jurisdiction.

§134-62 Court jurisdiction.
A petition for relief under this part may be filed in any family court in the circuit in which the petitioner resides. A petition under this part shall be given docket priority by the court. [L 2019, c 150, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-63 Commencement of action; forms.

§134-63 Commencement of action; forms.
(a) In order to seek an ex parte gun violence protective order or a one-year gun violence protective order, the petitioner shall file a written petition for relief on forms provided by the court. The court shall designate an employee or appropriate non-judicial agency to assist the petitioner in completing the petition.
(b) The petition shall allege, under penalty of perjury, the grounds for issuance of the order and shall be accompanied by an affidavit made under oath or a statement made under penalty of perjury containing detailed allegations based on personal knowledge that the respondent poses a 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, and specific facts and circumstances in support thereof, as well as the number, types, and locations of any firearms or ammunition presently believed by the petitioner to be possessed or controlled by the respondent. The petition shall also state, if known to the petitioner, whether there is an existing restraining order or protective order in effect governing the respondent and whether there is any pending lawsuit, complaint, petition, or other action between the parties under the laws of this State. The judiciary shall verify the terms of any existing order governing the parties. The court shall not delay granting relief because of the existence of a pending action between the parties or the necessity of verifying the terms of an existing order. A petition for an ex parte gun violence protective order or a one-year gun violence protective order may be granted regardless of whether there is a pending action between the parties.
(c) All health records and other health information provided in a petition or considered as evidence in a proceeding under this part shall be sealed by the court, except that the identities of the petitioner and respondent may be provided to law enforcement agencies as set forth in section 134-69. Aggregate statistical data about the numbers of ex parte gun violence protective orders and one-year gun violence protective orders issued, renewed, denied, dissolved, or terminated shall be made available to the public upon request.
(d) Upon receipt of the petition, the court shall set a date for hearing on the petition within fourteen days, regardless of whether the court issues an ex parte gun violence protective order pursuant to section 134-64. If the court issues an ex parte gun violence protective order pursuant to section 134-64, notice of the hearing shall be served on the respondent with the ex parte order. Notice of the hearing shall be personally served on the respondent by an officer of the appropriate county police department. [L 2019, c 150, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-65 One-year gun violence protective order issued after notice and hearing.

§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]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-66 Termination and renewal.

§134-66 Termination and renewal.
(a) The respondent named in a one-year gun violence protective order issued under section 134-65 may submit a written request at any time during the effective period of the order for a hearing to terminate the order. Upon receipt of the written request for termination:
(1) The court shall set a date for a hearing. Notice of the request shall be personally served on the petitioner by any person authorized by section 634-21. The hearing shall occur no sooner than fourteen days from the date of service of the request upon the petitioner; and
(2) The respondent seeking termination of the order shall have the burden of proving by a preponderance of the evidence that the respondent does not pose 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.
If the court finds after the hearing that the respondent has met the respondent's burden, the court shall terminate the order.
(b) A petitioner may submit a written request for a renewal of a one-year gun violence protective order within three months prior to the expiration of the order. Upon receipt of the written request for renewal, the court:
(1) In determining whether to renew a one-year gun violence protective order, after notice to the respondent, shall consider all relevant evidence presented by the petitioner and the respondent and may also consider other relevant evidence, including evidence of the facts identified in section 134-64(d); and
(2) May renew a one-year gun violence protective order if the court finds by a preponderance of the evidence that the respondent continues to pose 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.
A one-year gun violence protective order renewed pursuant to this section shall expire after one year, subject to termination by further order of the court at a hearing held pursuant to subsection (a) and further renewal by order of the court pursuant to this subsection. [L 2019, c 150, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-67 Relinquishment of firearms and ammunition.

§134-67 Relinquishment of firearms and ammunition.
(a) Upon issuance of an ex parte gun violence protective order, a one-year gun violence protective order, or a domestic abuse protective order, the court shall order the respondent to voluntarily surrender or dispose of all firearms and ammunition that the respondent owns or possesses, or has in the respondent's custody or control, in accordance with section 134-7.3(b).
(b) At the time of serving notice of a petition, an ex parte gun violence protective order, a one-year gun violence protective order, or a domestic abuse protective order, a police officer shall take custody of any and all firearms and ammunition in accordance with the procedure described in section 134-7(f). Alternatively, if personal service by a police officer is not possible, the respondent shall surrender the firearms and ammunition in a safe manner to the control of the chief of police where the respondent resides within forty-eight hours of being served with the order.
(c) At the time of surrender or removal, a police officer taking possession of a firearm or ammunition pursuant to an ex parte gun violence protective order, a one-year gun violence protective order, or domestic abuse protective order shall issue a receipt identifying all firearms and ammunition that have been surrendered or removed and provide a copy of the receipt to the respondent. Within seventy-two hours after being served with the order, the officer serving the order shall file the original receipt with the court that issued the ex parte gun violence protective order or one-year gun violence protective order, and shall ensure that the appropriate county police department retains a copy of the receipt.
(d) A court that has probable cause to believe a respondent to a protective order owns, possesses, or has in the respondent's custody or control any firearms or ammunition that the respondent has failed to surrender pursuant to this section, or has received or purchased a firearm or ammunition while subject to the order, shall issue a warrant describing the firearm or ammunition and authorizing a search of any location where the firearm or ammunition is reasonably believed to be and the seizure of any firearm or ammunition discovered pursuant to the search.
(e) The appropriate county police department may charge the respondent a fee not to exceed the reasonable and actual costs incurred by the department for storing a firearm or ammunition surrendered or removed pursuant to this section for the duration of the ex parte gun violence protective order, one-year gun violence protective order, or domestic abuse protective order and any additional periods necessary under section 134-68. [L 2019, c 150, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-68 Return and disposal of firearms or ammunition.

§134-68 Return and disposal of firearms or ammunition.
(a) A county police department shall return any surrendered or removed firearm or ammunition requested by a respondent only after confirming, through a criminal history background check, that the respondent is currently eligible to own or possess firearms and ammunition.
(b) A respondent who has surrendered or had removed any firearm or ammunition to or by a county police department pursuant to section 134-67 and who does not wish to have the firearm or ammunition returned, or who is no longer eligible to own or possess firearms or ammunition, may sell or transfer title of the firearm or ammunition to a firearms dealer licensed under section 134-31. The department shall transfer possession of the firearm or ammunition to a firearms dealer licensed under section 134-31 only after the dealer has provided written proof of transfer of the firearm or ammunition from the respondent to the dealer and the department has verified the transfer with the respondent.
(c) If a person other than the respondent claims title to any firearm or ammunition surrendered or removed pursuant to section 134-67, and that person is determined by the appropriate county police department to be the lawful owner of the firearm or ammunition, the firearm or ammunition shall be returned to the lawful owner.
(d) A county police department holding any firearm or ammunition that was surrendered by or removed from a respondent pursuant to section 134-67 may dispose of the firearm or ammunition only after six months from the date of proper notice to the respondent of the department's intent to dispose of the firearm or ammunition, unless the firearm or ammunition has been claimed by the lawful owner. If the firearm or ammunition remain unclaimed after six months from the date of notice, then no party shall thereafter have the right to assert ownership thereof and the department may dispose of the firearm or ammunition.
(e) For the purposes of this section, "dispose" means selling the firearm or ammunition to a firearms dealer licensed under section 134-31, or destroying the firearm or ammunition. [L 2019, c 150, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-69 Reporting of order to Hawaii criminal justice data center.

§134-69 Reporting of order to Hawaii criminal justice data center.
(a) The court shall notify the Hawaii criminal justice data center no later than one business day after issuing, serving, renewing, dissolving, or terminating an ex parte gun violence protective order or a one-year gun violence protective order under this part and after receiving notice of such an order.
(b) The information required to be submitted to the Hawaii criminal justice data center pursuant to this section shall include identifying information about the petitioner and respondent and the date the order was issued, served, renewed, dissolved, or terminated. In the case of a one-year gun violence protective order, the court shall include the date the order is set to expire.
(c) The Hawaii criminal justice data center shall maintain a searchable database of the information it receives under this section and make the information available to law enforcement agencies upon request.
(d) The Hawaii criminal justice data center shall within one business day make information about an ex parte gun violence protective order or a one-year gun violence protective order issued, served, renewed, dissolved, or terminated pursuant to this part available to the National Instant Criminal Background Check System for the purposes of firearm purchaser background checks. [L 2019, c 150, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-70 Penalties.

§134-70 Penalties.
A person who files a petition for an ex parte gun violence protective order or a one-year gun violence protective order under this part, knowing the information in the petition to be materially false or with an intent to harass the respondent, is guilty of a misdemeanor. [L 2019, c 150, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-71 Law enforcement to retain other authority.

§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. [L 2019, c 150, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-72 Lack of liability for failure to seek order.

§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. [L 2019, c 150, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-81 Definitions.

§134-81 Definitions.
As used in this part:
"Cartridge" means any device or object that is designed to be used with an electric gun to project a missile. "Cartridge" includes but is not limited to a Taser cartridge.
"Electric gun" means any portable device that is designed to discharge electric energy, charge, voltage, or current into the body through direct contact or utilizing a projectile. "Electric gun" includes but is not limited to devices commonly referred to as stun guns and Tasers. "Electric gun" does not include any automatic external defibrillator used in emergency medical situations.
"Law enforcement agency" means any county police department, the department of law enforcement, the department of the attorney general, the division of conservation and resources enforcement of the department of land and natural resources, and any other state or county public body that employs law enforcement officers.
"Law enforcement officer" means a sheriff or deputy sheriff, a police officer, an enforcement officer within the division of conservation and resources enforcement of the department of land and natural resources, a special agent of the department of the attorney general, and any other public servant vested by law with a duty to maintain public order, make arrests for offenses, or enforce criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses.
"Licensee" means a person licensed to sell, offer to sell, distribute, or otherwise transfer electric guns and cartridges pursuant to section 134-83.
"Person" means an individual, firm, corporation, partnership, association, or any form of business or legal entity.
"Transfer" means the granting of possession or ownership to another. "Transfer" includes but is not limited to the granting of temporary possession to another. [L 2021, c 183, pt of §2; am L 2022, c 278, §17]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-82 Restrictions on use, sale, offer for sale, distribution, and transfer of electric guns and cartridges.

§134-82 Restrictions on use, sale, offer for sale, distribution, and transfer of electric guns and cartridges.
(a) It shall be unlawful for any person to knowingly or recklessly use an electric gun for any purpose except:
(1) Self-defense;
(2) Defense of another person; or
(3) Protection of property of the person or of another person.
(b) Except as provided in section 134-85, it shall be unlawful for any person to knowingly sell, offer to sell, distribute, or otherwise transfer an electric gun or cartridge without a license obtained pursuant to section 134-83. It is an affirmative defense to prosecution pursuant to this subsection that the person is more than twenty-one years of age and is an employee of a licensee acting within the scope of the person's employment.
(c) It shall be unlawful for a licensee or employee of a licensee to knowingly sell, offer to sell, distribute, or otherwise transfer an electric gun or cartridge at a place other than the licensee's designated place of business.
(d) It shall be unlawful for any person to knowingly sell, offer to sell, distribute, or otherwise transfer an electric gun or cartridge to a person less than twenty-one years of age.
(e) It shall be unlawful for any person, other than a licensee, a law enforcement agency, or the Army or Air National Guard, to knowingly or recklessly purchase, obtain, or otherwise receive an electric gun or cartridge from a person who does not have a license issued pursuant to section 134-83.
(f) Any person violating this section shall be guilty of a misdemeanor. [L 2021, c 183, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-85 Disposal of electric gun or cartridge.

§134-85 Disposal of electric gun or cartridge.
A person who is not a licensee may sell or otherwise transfer an electric gun or cartridge to a licensee or the chief of police of the appropriate county or designee. The chief of police may either destroy the electric gun or cartridge or utilize the electric gun or cartridge for educational purposes. The chief of police shall maintain records of all surrendered electric guns and cartridges, including their disposition. [L 2021, c 183, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-87 Exemptions.

§134-87 Exemptions.
(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]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-88 Storage of electric gun; responsibility with respect to minors.

§134-88 Storage of electric gun; responsibility with respect to minors.
(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]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-89 Carrying or use of electric gun in the commission of a separate misdemeanor.

§134-89 Carrying or use of electric gun in the commission of a separate misdemeanor.
(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 an electric gun, whether operable or not, while engaged in the commission of a separate misdemeanor; provided that a person shall not be prosecuted under this subsection when the separate misdemeanor is a misdemeanor defined by this chapter.
(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. [L 2021, c 183, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-90 Carrying or use of electric gun in the commission of a separate felony.

§134-90 Carrying or use of electric gun in the commission of a separate felony.
(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 an electric gun, whether operable or not, while engaged in the commission of a separate felony; provided that a person shall not be prosecuted under this subsection when the separate felony is a felony defined by this chapter.
(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 B felony. [L 2021, c 183, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-101 Definitions.

§134-101 Definitions.
As used in this part:
"Firearm accessory" means an attachment or device designed or adapted to be inserted into, affixed onto, or used in conjunction with a firearm that is designed, intended, or functions to alter or enhance the firing capabilities of the firearm, the lethality of the firearm, or a shooter's ability to hold or use a firearm.
"Firearm industry member" means a person, firm, corporation, company, partnership, society, joint stock company, or any other entity or association engaged in the manufacture, distribution, importation, marketing, wholesale, or retail sale of firearm-related products.
"Firearm precursor part" means any forging, casting, printing, extrusion, machined body, or similar article that has reached a state in manufacture where it may readily be completed, assembled, or converted to be used as the frame or receiver of a functional firearm, or that is marketed or sold to the public to become or be used as the frame or receiver of a functional firearm once completed, assembled, or converted.
"Firearm-related product" means a firearm, ammunition, a firearm precursor part, a firearm component, or a firearm accessory that meets any of the following conditions:
(1) The item is sold, made, or distributed in the State;
(2) The item is intended to be sold or distributed in the State; or
(3) The item is or was possessed in the State and it was reasonably foreseeable that the item would be possessed in the State.
"Reasonable controls" means reasonable procedures, acts, or practices that are designed, implemented, and enforced to do the following:
(1) Prevent the sale or distribution of a firearm-related product to a straw purchaser, a firearm trafficker, a person prohibited from possessing a firearm under federal or state law, or a person who the firearm industry member has reasonable cause to believe is at substantial risk of using a firearm-related product to harm themselves or another or of possessing or using a firearm-related product unlawfully;
(2) Prevent the loss or theft of a firearm-related product from the firearm industry member; and
(3) Ensure that the firearm industry member complies with all provisions of federal or state law and does not otherwise promote the unlawful manufacture, sale, possession, marketing, or use of a firearm-related product. [L 2023, c 28, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-102 Firearm industry members; standards of conduct.

§134-102 Firearm industry members; standards of conduct.
(a) It shall be a violation of this part for a firearm industry member to fail to comply with any requirement of this part.
(b) A firearm industry member shall:
(1) Establish, implement, and enforce reasonable controls;
(2) Take reasonable precautions to ensure that the firearm industry member does not sell, distribute, or provide to a downstream distributor a firearm-related product that is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety in the State; and
(3) Not engage in any conduct related to the sale or marketing of firearm-related products that is in violation of this chapter.
(c) For the purposes of this part, a firearm-related product shall not be considered abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety based on a firearm's inherent capacity to cause injury or lethal harm.
(d) There shall be a presumption that a firearm-related product is abnormally dangerous and likely to create an unreasonable risk of harm to public health and safety if any of the following is true:
(1) The firearm-related product's features render the product most suitable for assaultive purposes instead of lawful self-defense, hunting, or other legitimate sport and recreational activities;
(2) The firearm-related product is designed, sold, or marketed in a manner that foreseeably promotes the conversion of legal firearm-related products into illegal firearm-related products; or
(3) The firearm-related product is designed, sold, or marketed in a manner that is targeted at minors or other individuals who are legally prohibited from accessing firearms. [L 2023, c 28, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-103 Violations; who may sue; relief.

§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]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 134. Firearms, Ammunition and Dangerous Weapons › 134-104 Interpretation of part.

§134-104 Interpretation of part.
(a) Nothing in this part shall be construed to limit or impair in any way the right of a person or entity to pursue a legal action under any other authority.
(b) Nothing in this part shall be construed to limit or impair in any way an obligation or requirement placed on a firearm industry member by any other authority.
(c) This part shall be construed and applied in a manner that is consistent with the requirements of the United States Constitution and the Hawaii State Constitution. [L 2023, c 28, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 135. Emergency Use of Private Real Property › 135-1 Definitions.

[ §135-1] Definitions.
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]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 135. Emergency Use of Private Real Property › 135-2 Authority of chief of police and their authorized representatives.

§135-2 Authority of chief of police and their authorized representatives.
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.
[L 1997, c 313, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 135. Emergency Use of Private Real Property › 135-3 Owner's immunities.

§135-3 Owner's immunities.
In the event the chief of police diverts vehicles, pedestrians, bicyclists, or a combination thereof, onto an owner's real property during an emergency or traffic accident, the owner, together with the owner's successors in interest, if any, shall not be civilly liable for negligently causing the death of, or injury to, any person or damage to any personal property, in connection with the use of the real property for the purposes as provided in section 135-2.
[L 1997, c 313, pt of §2]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 136. Laser Pointing Devices › 136-1 Definitions.

§136-1 Definitions.
As used in this chapter, "laser pointing device" means any hand-held laser device, which is not designed as a sighting device for a weapon nor for use in a medical procedure. This term includes the commercially-available device, which is commonly known as a "laser pen" or "laser pointer". [L 1999, c 94, pt of §1]
2023 Hawaii Revised Statutes › Title 10. Public Safety and Internal Security › 136. Laser Pointing Devices › 136-2 Harassment; prohibited.

§136-2 Harassment; prohibited.
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. [L 1999, c 94, pt of §1]