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Funtimes
06-01-2011, 7:17 AM
Some things came up with not being allowed to train or teach with firearms in Hawaii at the range. So I was looking at the statute and would like some other smart people to help me break down this statute. I'm wanting to get the best understanding I can, because I have been threatened with arrest at the shooting range in the past few months.

Alright, so let’s have some fun, with a question: Are you allowed to carry, display or use a unloaded pistol in Hawaii, for any reason?

A link to the statutes is here (http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/).

Let us start first with the relevant carry portion of Hawai’i law. HRS 134-9 (http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0009.htm)states: (c) No person shall carry concealed or unconcealed on the person a pistol or revolver without being licensed to do so under this section or in compliance with sections 134-5(c) or 134-25.

So we know, just from reading this, that unless we have a concealed firearms permit, are in compliance with section 134-25 or 134-5(c), or have some sort of other statutory exemption – we cannot.

As of right now we are prohibited from carrying, because we don't have a license. So let us see if any relief is granted from 134-5(c).
HRS 134-5 (c) (http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0005.htm) states:

A person may carry unconcealed and use a lawfully acquired pistol or revolver while actually engaged in hunting game mammals, if that pistol or revolver and its suitable ammunition are acceptable for hunting by rules adopted pursuant to section 183D-3 and if that person is licensed pursuant to part II of chapter 183D. The pistol or revolver may be transported in an enclosed container, as defined in section 134-25 in the course of going to and from the place of the hunt, notwithstanding section 134-26. (134-26 does not apply, as it relates to possession of a loaded firearm on a public highway -FT)



So we now know, that under 134-5(c), we must:

be engaged in hunting;
have acceptable ammunition and firearm; and
be licensed in accordance with 183D-3.


In part 134-5(a) there is an exemption that removes the requirement for a permit – if the person is target shooting. However, it appears part (A) only applies to rifle and shotguns for target shooting – not pistols.

Moving on. HRS 134-25 (http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0025.htm), the second exemption to carrying a concealed or unconcealed firearm, states the following:

a) Except as provided in sections 134-5 and 134-9, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms 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:

(2) A target range;

So we know that, we should confine it to our business, residence or sojourn. However, it is lawful to carry a firearm in an enclosed container – from and to one of the previously mentioned areas.

Section (b) of this statute states: Any person violating this section by carrying or possessing a loaded or unloaded pistol or revolver shall be guilty of a class B felony. [L 2006, c 66, pt of 1].
So, I can confine it to my sojourn, but if I carry or possess it loaded, I commit a felony?

There are no other relevant statutes that would provide any exemptions to these policies.

Can a person shoot on a target range, carry a gun in a holster, or utilize a pistol for target shooting?

Can 134-25 be read to allow you to un-case, handle, or carry those handguns once you have reached the destinations that you are allowed to carry in-between?

Can you even carry a loaded firearm within your home?

Funtimes
06-01-2011, 6:34 PM
Since I am still looking around at this, it appears that, at least at one point there was an exemption for in the home. However, this case relied on a statute that has since been repealed and was replaced with more restrictive language in another statute

The case was:

STATE V. RABAGO, 67 HAW. 332, 686 P.2D 824 (1984)
The Supreme Court held that statute prohibiting a person from carrying a concealed or unconcealed pistol or revolver on his person without being licensed does not proscribe a person from carrying or possessing an unregistered revolver at his place of residence since the possession or carrying of a firearm is proscribed only outside of the possessor's place of residence, business, or sojourn.

In Rabago, the Defendant had a loaded and unregistered gun. The gun discharged and shot a child in the hand. Both the trial court and the Supreme Court dismissed the 134-9 felony charge.

"On October 10, 1982, a group of people gathered at the home of Ricardo S. Rabago (Rabago). Part of the group was drinking wine and playing cards in the dining room when, at about 7:00 p.m., a heated argument broke out between Rabago and Ricardo Pascual. Rabago stormed out of the house and headed towards the garage with his wife and others in pursuit. Rabago entered the garage, grabbed a gun that was neither registered nor licensed in his name, and attempted to return to the house. A struggle ensued between Rabago and his wife for possession of the gun, and the gun discharged shooting a child in the hand, who had been playing in the garage."

Now, our HRS 134-6 stated:
HRS 134-6

(c) Except as provided in sections 134-5 and 134-9, all firearms and ammunition shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms 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: a place of repair; a target range; a licensed dealer's place of business; an organized, scheduled firearms show or exhibit; a place of formal hunter or firearm use training or instruction; or a police station. "Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.
(d) 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 subsection shall not apply to any person who has in the person's possession or carries a pistol or revolver and ammunition therefor in accordance with a license issued as provided in section 134-9.


When the new statute adds:
(b) Any person violating this section by carrying or possessing a loaded or unloaded pistol or revolver shall be guilty of a class B felony. [L 2006, c 66, pt of 1]

Does this overide that 1984 case?

There are quite a few of us that are reading this thinking it's possible to be charged with a felony offense if we even take a pistol outside of our home. Some are also reading this thinking we could be charged with a felony offense for carrying a loaded pistol in our home (obviously overided by Heller, but still, it appears to be on the books).