Hawaii has relatively strong laws to disarm hate.
Access to Guns for People Convicted of Hate Crimes in Hawaii
| Violence with Severe Bodily Injury | Violence with Bodily Injury | Other Crimes Involving Intentional Use of Force | Threats with Deadly Weapons | Other Credible Threats to Physical Safety | |
|---|---|---|---|---|---|
| Federal Law | Very limited or no access | Significant access | Significant access | Some access | Some access |
| State Law | Very limited or no access | Very limited or no access | Very limited or no access | Very limited or no access | Very limited or no access |
Hawaii has a hate crime sentencing enhancement statute that reclassifies the severity of offenses committed as hate crimes, but only for felonies,1which are already generally firearm-prohibiting under both Hawaii and federal law.2
Hawaii does not specifically prohibit people from accessing firearms on the basis of a hate crime conviction but does prohibit people from accessing firearms if they have been convicted of any “crime of violence,”3 which is defined to include any felony or misdemeanor offense that “involves injury or threat of injury to the person of another.”4 Hawaii does not make any misdemeanors, including crimes of violence, punishable by a term long enough to trigger any federal firearm restrictions, however.5
As a result, people convicted of violent misdemeanors, including violent hate-motivated misdemeanors, are generally prohibited from accessing firearms under state law in Hawaii, but not federal law.
Hawaii generally classifies violent crimes as felonies if they involve intentional infliction of serious bodily injury6 or “terroristic” threats to perpetrate violence on repeat occasions or with a deadly weapon.7 Individuals convicted of these felonies are generally prohibited from accessing firearms under state and federal law.
People convicted of violent hate-motivated misdemeanors, including offenses involving intentional infliction of bodily injury (e.g., “Assault in the third degree”)8 and threats of violence without a deadly weapon9are generally prohibited from accessing firearms under Hawaii law, but not federal law.10
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- Haw. Rev. Stat. Ann. § 846-51.[↩]
- Haw. Rev. Stat. Ann. § 134-7(b). Hawaii also prohibits people from possessing firearms under state law if they are prohibited from doing so under federal law. Haw. Rev. Stat. Ann. § 134-7(a).[↩]
- Haw. Rev. Stat. Ann. § 134-1. [↩]
- Haw. Rev. Stat. Ann. § 134-7(b).[↩]
- Haw. Rev. Stat. Ann. § 701-107(3). Federal law generally prohibits people from accessing guns if they have been convicted of a felony punishable by over one year in prison, or a state law misdemeanor punishable by more than two years. 18 U.S.C. § 922 (g)(1); 921(a)(20)(B).[↩]
- See, e.g., felony “Assault in the first degree” and “Assault in the second degree.” Haw. Rev. Stat. Ann. §§ 707-710, 707-711.[↩]
- See, e.g., felony “Terroristic threatening in the first degree.” Haw. Rev. Stat. Ann. §§ 707-715, 707-716.[↩]
- Haw. Rev. Stat. Ann. § 707-712(1)(a).[↩]
- See, e.g., misdemeanor “Terroristic threatening in the second degree.” Haw. Rev. Stat. Ann. §§ 707-715, 707-717.[↩]
- See also misdemeanor “Reckless endangering in the second degree.” Haw. Rev. Stat. Ann. § 707-714.[↩]