Citation(s) from the literature library

Giffords Law Center to Prevent Gun Violence. 2021 ‘State Right to Bear Arms in Hawaii.’ Other Laws & Policies. San Francisco, CA: Giffords Law Center to Prevent Gun Violence. 19 October

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[Editor's note: The Giffords Law Center to Prevent Gun Violence regularly updates its webpages with new data as US gun regulation evolves state by state. For the most up-to-date information on US gun laws, please refer to the Giffords URL below]

State Right to Bear Arms in Hawaii

Article I, § 17 of the Hawaii Constitution states: "A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed."

In State v. Mendoza, the Supreme Court of Hawaii rejected an art. I, § 17 challenge to Hawaii Revised Statutes Annotated § 134-4(b) which (along with § 134-2) requires a person to obtain a permit before acquiring any firearm. The court found that the state's police power allows it to regulate the right to "bear arms" in a reasonable manner, and that the permitting requirement was "rationally related to the legitimate government interest of ensuring that only those who are mature, law abiding, competent citizens possess firearms."…

ID: Q8231

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