§134-4 Transfer, possession of firearms.
(a) No transfer of any rifle having a barrel length of sixteen inches or over
or any shotgun having a barrel length of eighteen inches or over, whether
usable or unusable, serviceable or unserviceable, modern or antique, registered
under prior law or by a prior owner, or unregistered shall be made to any
person under the age of eighteen years, except as provided by section 134-5.
(b) No person shall possess any firearm that
is owned by another, regardless of whether the owner has consented to
possession of the firearm, without a permit from the chief of police of the
appropriate county, except as provided in subsection (c) and section 134-5.
(c) Any lawfully acquired rifle or shotgun may
be lent to an adult for use within the State for a period not to exceed fifteen
days without a permit; provided that where the rifle or shotgun is to be used
outside of the State, the loan may be for a period not to exceed seventy-five
days.
(d) No person shall
intentionally, knowingly, or recklessly lend a firearm to any person who is
prohibited from ownership, possession, or control of a firearm under section
134-7.
(e) After July 1, 1992, no person shall bring
or cause to be brought into the State an assault pistol. No assault pistol may
be sold or transferred on or after July 1, 1992, to anyone within the State
other than to a dealer licensed under section 134-32 or the chief of police of
any county except that any person who obtains title by bequest or intestate
succession to an assault pistol registered within the State shall, within
ninety days, render the weapon permanently inoperable, sell or transfer the
weapon to a licensed dealer or the chief of police of any county, or remove the
weapon from the State. [L 1988, c 275, pt of §2; am L 1992, c 286, §2; am L
2023, c 52, §5]
Case Notes
Where defendant's
conviction and sentence under §708-840 was an included offense under §134-6(a)
and defendant's convictions under both §708-840 and subsection (a) violated
§701-109(1)(a), defendant’s conviction and sentence under §708-840 reversed.
91 H. 33, 979 P.2d 1059 (1999).
Notes of Decisions
Cited in
13
cases (
3 in the last 5 years), 1985–2025 · leading case:
State v. Mendoza, 920 P.2d 357 (Haw. 1996).
State v. Mendoza, 920 P.2d 357 (Haw. 1996).
· cites it 15× “[1] Mendoza argues that HRS § 134-4(b) violates his "right to keep and bear arms" under the state and federal constitutions.”
State v. Solomon, 111 P.3d 12 (Haw. 2005).
· cites it 2× “Similar to Nunes , the circuit court imposed punishment for uncharged crimes-possibly either transfer and possession of firearms, pursuant to HRS § 134-4 (1993), or the prohibited transfer of firearms, pursuant to HRS § 134-8 (1993).”
State v. Vellina, 106 P.3d 364 (Haw. 2005).
· cites it 2× “Similar to Nunes , the circuit court imposed punishment for uncharged crimes— possibly either transfer and possession of firearms, pursuant to HRS § 134-4 (1993), or the prohibited transfer of firearms, pursuant to HRS § 134-8 (1993).”
Birano v. State., 426 P.3d 387 (Haw. 2018).
“HRS § 134-8(a) (1993) provides in relevant part as follows: (a) The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following is prohibited: assault pistols, except as provided by section 134-4(e); automatic firearms; rifles with barrel…”
State v. Birano, 126 P.3d 357 (Haw. 2006).
· cites it 2× “[4] HRS § 134-8 provides in relevant part that: (a) The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following is prohibited: assault pistols, except as provided by section 134-4(e); automatic firearms; rifles with barrel lengths…”
State v. Sanchez, 923 P.2d 934 (Haw. App. 1996).
“} (a) The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following is prohibited: assault pistols, except as provided by section 134-4(e); automatic firearms; rifles with barrel lengths less than sixteen inches; shotguns with barrel…”
State v. Kane, 951 P.2d 934 (Haw. 1998).
“, prohibited; penalties, (a) The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following is prohibited: assault pistols, except as provided by section 134-4(e); automatic firearms; rifles with barrel lengths less than sixteen inches;…”
State v. Phillips, 696 P.2d 346 (Haw. 1985).
“a permit to acquire [the] firearm, in violation of Section 134-4” and *538 with “carry[ing] concealed within [a] vehicle .”
Batalona v. State., 414 P.3d 136 (Haw. 2018).
“The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following is prohibited: assault pistols, except as provided by section 134-4(e); automatic firearms; rifles with barrel lengths less than sixteen inches; shotguns with barrel lengths…”
State v. Birano, 126 P.3d 370 (Haw. App. 2005).
“, prohibited; penalties, (a) The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following is prohibited: assault pistols, except as provided by section 134-4(e); automatic firearms; rifles with barrel lengths less than sixteen inches;…”
State v. Slavik., 501 P.3d 312 (Haw. App. 2021).
· cites it 7× “14 As Slavik notes, HRS § 134-4 (2011) governs the possession of a firearm that is owned by another.”
State v. Bibbs. (Haw. App. 2025).
· cites it 6× “On December 16, 2019, Bibbs was indicted on eight counts related to the events of November 6, as follows: (1) Count 1, Terroristic Threatening in the First Degree, in violation of HRS § 707-716(1)(e); (2) Count 2, Unlawful Possession of Firearm, in violation of HRS § 134-4(b); 4…”
— Haw. Rev. Stat. § 134-4(b) — 3 cases
State v. Mendoza, 920 P.2d 357 (Haw. 1996).
“[1] Mendoza argues that HRS § 134-4(b) violates his "right to keep and bear arms" under the state and federal constitutions.”
State v. Bibbs. (Haw. App. 2025).
“On December 16, 2019, Bibbs was indicted on eight counts related to the events of November 6, as follows: (1) Count 1, Terroristic Threatening in the First Degree, in violation of HRS § 707-716(1)(e); (2) Count 2, Unlawful Possession of Firearm, in violation of HRS § 134-4(b); 4…”
State v. Slavik., 501 P.3d 312 (Haw. App. 2021).
“14 As Slavik notes, HRS § 134-4 (2011) governs the possession of a firearm that is owned by another.”
— Haw. Rev. Stat. § 134-4(c) — 1 case
State v. Mendoza, 920 P.2d 357 (Haw. 1996).
“[1] Mendoza argues that HRS § 134-4(b) violates his "right to keep and bear arms" under the state and federal constitutions.”
— Haw. Rev. Stat. § 134-4(e) — 7 cases
Birano v. State., 426 P.3d 387 (Haw. 2018).
“HRS § 134-8(a) (1993) provides in relevant part as follows: (a) The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following is prohibited: assault pistols, except as provided by section 134-4(e); automatic firearms; rifles with barrel…”
State v. Birano, 126 P.3d 357 (Haw. 2006).
“[4] HRS § 134-8 provides in relevant part that: (a) The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following is prohibited: assault pistols, except as provided by section 134-4(e); automatic firearms; rifles with barrel lengths…”
State v. Sanchez, 923 P.2d 934 (Haw. App. 1996).
“} (a) The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following is prohibited: assault pistols, except as provided by section 134-4(e); automatic firearms; rifles with barrel lengths less than sixteen inches; shotguns with barrel…”
State v. Kane, 951 P.2d 934 (Haw. 1998).
“, prohibited; penalties, (a) The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following is prohibited: assault pistols, except as provided by section 134-4(e); automatic firearms; rifles with barrel lengths less than sixteen inches;…”
Batalona v. State., 414 P.3d 136 (Haw. 2018).
“The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following is prohibited: assault pistols, except as provided by section 134-4(e); automatic firearms; rifles with barrel lengths less than sixteen inches; shotguns with barrel lengths…”
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