Haw. Rev. Stat. §134-61 to §134-72 

Who May Petition

law enforcement officer, family or household member of the respondent, medical professional, educator, or colleague.

Burden of proof for Emergency Order or Ex Parte Order

Probable cause to believe that the respondent poses an imminent danger of causing bodily injury to the respondent's self or another person 

Notice and Opportunity

Court sets hearing date within 14 days and includes it in ex parte order if one is issued


Personally by LEO

What is Prohibited?

"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."

Relinquish Firearms

Respondent is ordered to surrender or dispose of firearms and ammunition.

Seizure by LEA

LEO can take possession if in plain site when serving order. Directed to get search warrant if not voluntarily surrendered. Court "shall" issue warrant upon probable cause that respondent has violated the order 

Burden of Proof at Hearing

Preponderance of evidence that respondent poses a significant danger of causing bodily injury to self or other.

Authority to Order Mental Health/Substance Abuse Evaluation

Not specified

Entry into NICS

The Hawaii criminal justice data center shall enter the order into a searchable database established and maintained for that purpose, and enter into NICS. 

Duration of Order after Hearing

1 year

Warrantless Arrest Permitted in Statute

Not specified in statute

Criminal Penalty

Failure to turn over firearms as ordered is a misdemeanor.

Contempt Penalty


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