Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 134
Hawaii Revised Statutes

Haw. Rev. Stat. § 134-26 (2026)

]  Carrying or possessing a loaded firearm on a public highway; penalty

✓ current as of July 2026
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     [§134-26]  Carrying or possessing a loaded firearm on a public highway; penalty.  (a)  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 section shall not apply to any person who has in the person's possession or carries a pistol or revolver in accordance with a license issued as provided in section 134-9.

     (b)  Any vehicle used in the commission of an offense under this section shall be forfeited to the State, subject to the notice and hearing requirements of chapter 712A.

     (c)  Any person violating this section 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 6 cases (2 in the last 5 years), 2012–2025 · leading case: State v. Martin. ICA s.d.o., filed 03/29/2019., 463 P.3d 1022 (Haw. 2020).
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State v. Martin. ICA s.d.o., filed 03/29/2019., 463 P.3d 1022 (Haw. 2020). · cites it 10× “2006) (Count 7), carrying or possessing a loaded firearm on a public highway in violation of HRS § 134-26(a) (Supp. 2006) (Count 8), place to keep pistol or revolver in violation of HRS § 134-25(a) (Supp.”
Lewi v. State., 452 P.3d 330 (Haw. 2019). · cites it 6× “” HRS § 134-26. This offense differs from the Prohibited Possession offense, in that the gun possessed must be kept in a particular condition (loaded) and carried in a particular place (a public highway), whereas the Prohibited Possession offense contains no such requirements.”
Young v. Hawaii, 911 F. Supp. 2d 972 (D. Haw. 2012). · cites it 2× “Section 134-26 prohibits carrying or possessing a loaded firearm on a public highway.”
State v. Slavik., 501 P.3d 312 (Haw. App. 2021). · cites it 13× “(a) 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 section shall not apply to any person who has in the person's possession…”
Rodrigues v. Cnty. of Hawaii (D. Haw. 2019). · cites it 3× “Only HRS § 134-26 governs “[c]arrying or possessing a loaded firearm on a public highway.”
State v. Hiapo (Haw. App. 2025). · cites it 2× “22 caliber rifle, thereby committing the offense of Carrying or Possessing a Loaded Firearm on a Public Highway in violation of Section 134-26(a) of the [HRS]. COUNT FIVE: .”
— Haw. Rev. Stat. § 134-26(a) — 4 cases
State v. Martin. ICA s.d.o., filed 03/29/2019., 463 P.3d 1022 (Haw. 2020). “2006) (Count 7), carrying or possessing a loaded firearm on a public highway in violation of HRS § 134-26(a) (Supp. 2006) (Count 8), place to keep pistol or revolver in violation of HRS § 134-25(a) (Supp.”
Lewi v. State., 452 P.3d 330 (Haw. 2019). “” HRS § 134-26. This offense differs from the Prohibited Possession offense, in that the gun possessed must be kept in a particular condition (loaded) and carried in a particular place (a public highway), whereas the Prohibited Possession offense contains no such requirements.”
State v. Slavik., 501 P.3d 312 (Haw. App. 2021). “(a) 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 section shall not apply to any person who has in the person's possession…”
State v. Hiapo (Haw. App. 2025). “22 caliber rifle, thereby committing the offense of Carrying or Possessing a Loaded Firearm on a Public Highway in violation of Section 134-26(a) of the [HRS]. COUNT FIVE: .”
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