[§134-23] Place to keep loaded firearms
other than pistols and revolvers; penalty. (a) Except as provided in
section 134-5, 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:
(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 firearm.
(b) Any person violating this section by
carrying or possessing a loaded firearm other than a pistol or revolver shall
be guilty of a class B felony. [L 2006, c 66, pt of §1]
Case Notes
Discussed: 911 F. Supp. 2d 972 (2012).
Notes of Decisions
Cited in
9
cases (
4 in the last 5 years), 2009–2025 · leading case:
State v. Lavoie., 453 P.3d 229 (Haw. 2019).
State v. Lavoie., 453 P.3d 229 (Haw. 2019).
· cites it 8× “Here, Lavoie was also convicted for violating the felon in possession (HRS § 134-7(b)) and place to keep (HRS § 134-23(2)) statutes, neither of which excludes charging the offense as continuous.”
Young v. Hawaii, 911 F. Supp. 2d 972 (D. Haw. 2012).
· cites it 6× “See Haw.Rev.Stat. §§ 134-23, 134-24; 134-25; 134-27.”
George Young, Jr. v. State of Hawaii, 992 F.3d 765 (9th Cir. 2021).
“45 Hawai‘i’s restrictions have deep roots in the Statute of Northampton and subsequent English and American 45 Subject to the permissions outlined in § 134-5 and to other enumerated exceptions, Hawai‘i also prohibits the public carry of loaded or unloaded firearms other than a…”
State v. Martin. ICA s.d.o., filed 03/29/2019., 463 P.3d 1022 (Haw. 2020).
“Here, Lavoie was also convicted for violating the felon in possession (HRS § 134-7(b)) and place to keep (HRS § 134-23(2)) statutes, neither of which excludes charging the offense as continuous .”
Rodrigues v. Cnty. of Hawaii (D. Haw. 2019).
· cites it 11× “The Court has explained in two prior orders that Plaintiff’s possession of these firearms appeared to the officers to violate HRS § 134-23 or HRS § 134-25.6/ See November 20, 2018 Order at 21-22; April 20, 2018 Order at 11-13.”
State v. Ancheta, 220 P.3d 1052 (Haw. App. 2009).
· cites it 2× “2008) with regard to the offense of place to keep a pistol or revolver; the Legislature also enacted HRS §§ 134-23, 134-24 and 134-27 (Supp. 2008), which pertain to the place to keep firearms other than pistols or revolvers, and ammunition.”
State v. Hiapo (Haw. App. 2025).
· cites it 2× “of repair, a target range, a licensed dealer's place of business, an organized, scheduled firearms show or exhibit, a place of formal 3 FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER hunter or firearm use training or instruction, or a police station, thereby…”
— Haw. Rev. Stat. § 134-23(2) — 2 cases
State v. Lavoie., 453 P.3d 229 (Haw. 2019).
“Here, Lavoie was also convicted for violating the felon in possession (HRS § 134-7(b)) and place to keep (HRS § 134-23(2)) statutes, neither of which excludes charging the offense as continuous.”
State v. Martin. ICA s.d.o., filed 03/29/2019., 463 P.3d 1022 (Haw. 2020).
“Here, Lavoie was also convicted for violating the felon in possession (HRS § 134-7(b)) and place to keep (HRS § 134-23(2)) statutes, neither of which excludes charging the offense as continuous .”
— Haw. Rev. Stat. § 134-23(a) — 5 cases
State v. Lavoie., 453 P.3d 229 (Haw. 2019).
“Here, Lavoie was also convicted for violating the felon in possession (HRS § 134-7(b)) and place to keep (HRS § 134-23(2)) statutes, neither of which excludes charging the offense as continuous.”
Rodrigues v. Cnty. of Hawaii (D. Haw. 2019).
“The Court has explained in two prior orders that Plaintiff’s possession of these firearms appeared to the officers to violate HRS § 134-23 or HRS § 134-25.6/ See November 20, 2018 Order at 21-22; April 20, 2018 Order at 11-13.”
State v. Hiapo (Haw. App. 2025).
“of repair, a target range, a licensed dealer's place of business, an organized, scheduled firearms show or exhibit, a place of formal 3 FOR PUBLICATION IN WEST'S HAWAI‘I REPORTS AND PACIFIC REPORTER hunter or firearm use training or instruction, or a police station, thereby…”
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