State Laws for Private Sales in Hawaii
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Hawaii is particularly stringent about its firearm laws. Refer to section 134-2 of the Hawaiian Law, which specifically governs firearm ownership. Here's what you need to know:
- To own a firearm in Hawaii, it is imperative to obtain a permit, irrespective of its condition, origin, or registration status.
- If the firearm is an inheritance, the permit must be secured before taking possession.
- The permit application process is thorough. You must provide personal, citizenship, and mental health history information.
- Fingerprints and photographs are required unless already on file with the department.
- Applicants must sign a waiver allowing access to their mental health records.
- Permits are issued to U.S. citizens aged 21 or older, certain foreign representatives, law enforcement officers, and aliens under specific conditions.
- Permits for pistols or revolvers are valid for 10 days, while permits for rifles or shotguns last 1 year.
In a private sale of handguns and other firearms, the permit must be signed and delivered to the recipient within 48 hours. The transferor is required to:
- Verify the recipient's identity.
- Fill in specific details on the permit.
- Deliver or mail it to the issuing authority within a certain timeframe.
It is also mandatory to undergo training, such as a hunter education or firearms safety course, before obtaining a permit. Age restrictions apply to the transfer of rifles and shotguns to individuals under 18 years.
Restrictions on Firearm Ownership in Hawaii
Hawaiian laws prohibit a person from possessing a firearm owned by another without a permit, except in certain circumstances. It is, however, permissible to lend a lawfully acquired rifle or shotgun to an adult within the state for up to 15 days without a permit. Assault pistols cannot be brought into or sold/transferred within the state. Federal disqualification categories for firearm ownership are also applicable.
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Federal Laws for Gun Sales
Federal laws for gun sales have an impact on sales in Hawaii as well. While these laws might not be as stringent as the state's, they still establish a baseline for who can own a firearm, under what circumstances, and what types of firearms are allowed.
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Registration of Firearms in Hawaii
All firearms in Hawaii must be registered, regardless of their serviceability or acquisition method. Firearms imported from out of state must also be registered. However, exceptions do exist. For example, rifles and shotguns acquired prior to July 1994 and firearms designed to fire loose black powder or manufactured before 1899 are exempt.
Services and Procedures for Acquiring Firearms in Hawaii
For acquiring handguns, shotguns, or rifles in Hawaii, a Permit to Acquire is needed. Here are some key points:
- Applicants must be at least 21 years old and U.S. citizens.
- Separate permits are required for each handgun, but one permit covers multiple rifles or shotguns within a year.
- Completion of a hunter education or gun safety course conducted by a certified NRA instructor is necessary.
- People ineligible for firearm ownership include fugitives from justice, individuals under indictment, those diagnosed with significant behavioral/mental disorders, and individuals under 25 who have been adjudicated for certain crimes.
- Firearms must be registered with the Hawaii Police Department within five days of purchase or acquisition.
- Firearms brought into Hawaii must be registered within five days after entering the state.
- Specific procedures and restrictions apply to the transfer and possession of firearms. Assault pistols cannot be brought into the state or sold/transferred within it.
Application for a License to Carry permit should follow the procedures outlined by the Hawaii Police Department.
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Tips to Sell Safely and Get the Best Price
To ensure a successful sale, ensure your firearm is in good working condition, clean, and well-maintained. Provide an accurate description of the firearm, including its make, model, caliber, and accessories. Prepare a comprehensive bill of sale and include relevant documentation, such as receipts and warranty information. Finally, complete the sale and transfer ownership in a legally compliant manner by adhering to all applicable federal, state, and local laws and regulations.
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