§134-5 Possession by licensed hunters and
minors; target shooting; game hunting. (a) Any person of the age of
sixteen years, or over or any person under the age of sixteen years while
accompanied by an adult, may carry and use any lawfully acquired rifle or
shotgun and suitable ammunition while actually engaged in hunting or target
shooting or while going to and from the place of hunting or target shooting;
provided that the person has procured a hunting license under chapter 183D,
part II. A hunting license shall not be required for persons engaged in target
shooting.
(b) A permit shall not be required when any
lawfully acquired firearm is lent to a person, including a minor, upon a target
range or similar facility for purposes of target shooting; provided that the
period of the loan does not exceed the time in which the person actually
engages in target shooting upon the premises.
(c) A person may carry unconcealed and use a
lawfully acquired pistol or revolver while actually engaged in hunting game
mammals, if that pistol or revolver and its suitable ammunition are acceptable
for hunting by rules adopted pursuant to section 183D-3 and if that person is
licensed pursuant to part II of chapter 183D. The pistol or revolver may be
transported in an enclosed container, as defined in section 134-25 in the
course of going to and from the place of the hunt, notwithstanding section 134-26.
[L 1988, c 275, pt of §2; am L 1997, c 254, §§1, 4; am L 2000, c 96, §1; am L
2002, c 79, §1; am L 2006, c 66, §2]
Case Notes
As question of whether defendant possessed a hunting license
under this section posed a fact peculiarly within defendant's knowledge, and
lack of a hunting license is not a material element of §134-6, prosecution was
not required to prove that defendant did not have a hunting license pursuant to
this section. 93 H. 87, 997 P.2d 13 (2000).
Notes of Decisions
Cited in
9
cases (
3 in the last 5 years), 1984–2024 · leading case:
State v. Jenkins, 997 P.2d 13 (Haw. 2000).
State v. Jenkins, 997 P.2d 13 (Haw. 2000).
· cites it 24× “" In the argument section of his brief, however, Jenkins limits his attack on the sufficiency of the evidence to (1) the ownership/possession/control element of the offense charged, pursuant to HRS § 134-7, see supra note 3, and (2) the question whether the prosecution failed to…”
State v. Cornelio, 935 P.2d 1021 (Haw. 1997).
· cites it 2× “HRS § 134-5 (1993) governs the possession of firearms by "licensed hunters and minors" engaged in "target shooting.”
State v. Lavoie., 453 P.3d 229 (Haw. 2019).
“4 HRS § 134-23(a) (2011) provides in pertinent part: 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…”
State v. Souza., 420 P.3d 321 (Haw. 2018).
“HRS § 134-24 (2011) provides in relevant part as follows: (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…”
State v. Rabago, 686 P.2d 824 (Haw. 1984).
· cites it 3× “1 HRS § 134-5 allows people to carry and use a rifle or shotgun while hunting or target shooting.”
State v. Mendoza, 920 P.2d 357 (Haw. 1996).
· cites it 2× “NOTES [1] HRS § 134-4(b) provides that "[n]o 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…”
State v. Slavik., 501 P.3d 312 (Haw. App. 2021).
· cites it 5× “HRS § 134-5 (2011), which does not appear to be relevant to any argument in this case, allows for possession of certain firearms by licensed hunters, and for target shooting and hunting, as detailed in that provision.”
State v. Wilson. (Haw. 2024).
· cites it 2× “See HRS § 134-25(a) (“Except as provided in sections 134-5 and 134-9, all firearms shall be confined to the possessor’s place of business, residence, or 52 *** FOR PUBLICATION IN WEST’S HAWAI‘I REPORTS AND PACIFIC REPORTER *** sojourn” (emphasis added)); HRS § 134-27(a)…”
State v. Duong (Haw. App. 2022).
“(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…”
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