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Reinstating Gun Ownership Rights in Hawaii After a Conviction

In Hawaii, a felony conviction results in the loss of the right to own or possess firearms. However, there are ways for convicted felons to potentially have their gun rights reinstated in certain circumstances. This article will examine Hawaii’s laws regarding loss and restoration of gun rights, options for regaining the right to own firearms, and the process for applying for restoration of rights.

Loss of Gun Rights in Hawaii

Under Hawaii law, the following categories of individuals are prohibited from owning or possessing firearms (Hawaii Revised Statutes §134-7):

Anyone who is a fugitive from justice or prohibited from possessing firearms under federal law
Anyone convicted of a felony or any crime of violence in Hawaii or elsewhere
Anyone under indictment or who has waived indictment for a felony or crime of violence
Anyone under age 25 who has been adjudicated by the family court of committing a felony, two or more crimes of violence, or an illegal drug sale

The prohibition applies to all firearms and ammunition. Those deemed ineligible must relinquish possession and control of any guns and ammo they currently own to the police department.

The restriction on gun ownership applies automatically upon conviction and remains in effect indefinitely unless restored through a pardon or other authorized process.

Restoration of Gun Rights in Hawaii

For convicted felons in Hawaii, a full pardon from the Governor is generally required to restore lost gun rights. The pardon application is considered by the Hawaii Paroling Authority, which makes a recommendation to the Governor^[1].

If granted, the pardon can remove the firearms disability stemming from the conviction. However, the pardon document must expressly state that gun rights are restored in order for this to take effect^[2].

While a pardon is the primary avenue for restoration in Hawaii, the state legislature has provided certain limited exceptions that allow some offenders to regain the right to own firearms without a pardon^[3]:

First time drug possession offenders convicted of possessing a controlled substance can petition the court for restoration 5 years after final discharge.
Certain first time non-violent offenders may apply to the court for restoration 10 years after final discharge. The offense cannot have involved firearms or dangerous weapons.
Juvenile adjudications do not result in loss of gun rights unless it involved an offense that would disqualify an adult from owning firearms.

So in limited cases, convicted felons have the option to go directly through the courts instead of the pardon process. However, it still requires a waiting period and court approval.

Applying for Restoration of Gun Rights

To begin the application process, convicted felons in Hawaii have two options:

1. Seek a Governor’s pardon

The pardon application is submitted to the Hawaii Paroling Authority. Required items include^[4]:

Completed application form
Statement from applicant explaining reasons for seeking pardon
3 letters attesting to current good character
Court disposition documentation for all convictions
Police reports related to convictions

The Paroling Authority will conduct an investigation and interview. They provide a recommendation to the Governor, who makes the final decision.

If granted, the pardon certificate will indicate whether firearm rights have been restored.

2. Petition the court

For the limited categories eligible to go directly through the courts, the process entails^[3]:

Filing a petition in circuit court after the required waiting period
Submitting documentation on rehabilitation efforts and character
Appearing at a hearing so the judge can evaluate the request
Providing fingerprints and undergoing a background check
Receiving a court order restoring gun rights if approved

In either case, the restoration of rights is not automatic. It involves an application process and investigation into the person’s history and character. Factors considered generally include^[5]:

Circumstances surrounding the conviction
Evidence of rehabilitation
Family circumstances
Employment history
Community involvement
Recommendations from prosecutors, law enforcement, and community members

The decision-makers must be convinced that allowing gun ownership will not pose a risk to public safety before rights will be restored.

Implications of Restored Gun Rights

If granted restoration of firearms rights under Hawaii state law, some important limitations remain:

Only applies to state-level restrictions, not federal law
Does not permit ownership of certain guns classified as “assault weapons”
Does not allow carrying a loaded firearm in public without a permit
Restoration can be revoked if the person commits a new disqualifying offense

Additionally, restrictions may still apply when it comes to transporting guns, such as on commercial aircraft or across state lines.

Restored gun owners need to be aware of the parameters around lawful possession and use of firearms. Breaking certain rules can result in being charged with new criminal offenses.

Conclusion

While Hawaii strictly curtails gun ownership by convicted felons, options exist to regain those rights through a pardon or court order. The restoration process allows for individualized assessment of each applicant’s situation and rehabilitation. If granted, it permits firearms possession again with specific limitations based on state and federal law. Persons interested in pursuing reinstatement of gun rights should fully understand Hawaii’s requirements and restrictions.