Does Hawaii Have a Red Flag Law?
Woody's answers are based on published federal and state law. Not legal advice. Consult a licensed attorney for your specific situation.
Yes, Hawaii has a red flag law that allows family members, law enforcement, and certain others to petition courts for extreme risk protection orders to temporarily remove firearms from individuals deemed dangerous.
What This Means for You
Hawaii's red flag law means that even legally owned firearms and build projects can be subject to court-ordered removal if someone petitions successfully. This creates additional risk considerations for builders who invest significant time and money into custom builds. The law affects both completed firearms and works in progress.
The Detail
Hawaii enacted its red flag law allowing petitions for what the state calls extreme risk protection orders. These orders can result in the temporary seizure of all firearms from individuals who are deemed to pose a risk to themselves or others. Law enforcement officers, family members, household members, and certain other parties can file these petitions.
The process typically involves an initial ex parte order that can be issued without the gun owner present, followed by a hearing where the gun owner can contest the petition. If granted, these orders generally last for a specified period but can be renewed. During the active period of an order, the affected person must surrender all firearms to law enforcement.
The law applies to all firearms regardless of how they were acquired, including home-built firearms, inherited guns, or commercially purchased weapons. This means your entire collection could be subject to seizure if an order is granted. The specific procedures, timeframes, and eligible petitioners should be verified through Hawaii's official statutes and legal resources, as these details can change through legislative updates.
Violating an extreme risk protection order by possessing firearms during the restricted period typically constitutes a criminal offense. The return process for firearms after an order expires or is lifted involves specific procedures that gun owners must follow to regain possession of their property.
Build Impact
If you're planning significant builds in Hawaii, factor in that completed projects could be temporarily seized through this process. Consider the financial risk of having custom builds tied up in legal proceedings for extended periods.