SB 2517: Hawaii Law Enforcement Coalition Package; Protective Orders; Restraining Orders; Firearms; Prohibition

A BILL FOR AN ACT

RELATING TO PUBLIC SAFETY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that under existing law, a person may be prohibited by a lawful judicial protective order or restraining order from possessing, controlling, or transferring ownership of a firearm or ammunition.  However, a violation of this prohibition is subject to only a misdemeanor penalty.

     The legislature further finds that an active court order for protection or restraining order is an indication of an increased lethality risk for the protected party and others, and that unlawful possession, control, or transfer of a firearm or ammunition under such circumstances is a serious violation of public safety.

     Accordingly, the purpose of this Act is to amend the penalty for the unlawful possession, control, or transfer of a firearm or ammunition in violation of a judicial protective order or restraining order by reclassifying the offense from a misdemeanor to a class C felony.

     SECTION 2.  Section 134-7, Hawaii Revised Statutes, is amended as follows:

     1.  By amending subsection (f) to read:

     "(f)  No person who has been restrained pursuant to an order of any court, including a gun violence protective order issued pursuant to part IV, from contacting, threatening, or physically abusing any person, shall possess, control, or transfer ownership of any firearm or ammunition, so long as the protective order, restraining order, or any extension is in effect.  The protective order or restraining order shall specifically include a statement that possession, control, or transfer of ownership of a firearm or ammunition by the person named in the order is prohibited.  The person shall relinquish possession and control of any firearm and ammunition owned by that person to the police department of the appropriate county for safekeeping for the duration of the order or extension thereof.  At the time of service of a protective order or restraining order involving firearms and ammunition issued by any court, a police officer may take custody of any and all firearms and ammunition in plain sight, those discovered pursuant to a consensual search, and those firearms surrendered by the person restrained.  If the person restrained is the registered owner of a firearm and knows the location of the firearm, [but refuses to] the person restrained shall surrender the firearm or disclose the location of the firearm[, the person restrained shall be guilty of a misdemeanor].  In any case, when a police officer is unable to locate the firearms and ammunition either registered under this chapter or known to the person granted protection by the court, the police officer shall apply to the court for a search warrant pursuant to chapter 803 for the limited purpose of seizing the firearm and ammunition."

     2.  By amending subsection (j) to read:

     "(j)  Any person violating subsection (a) [or], (b), or (f) shall be guilty of a class C felony; provided that if a person violates subsection (f) solely by refusing to surrender a firearm or disclose the location of a firearm, the person restrained shall be guilty of a misdemeanor; provided further that any felon violating subsection (b) shall be guilty of a class B felony and if said prior felony conviction is that of a crime of violence, as defined in section 134-1, the defendant shall be sentenced to an indeterminate term of imprisonment as provided by law.  Any person violating subsection (c), (d), (e), [(f),] (g), or (h) shall be guilty of a misdemeanor."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 3000.

Report Title:

Hawaii Law Enforcement Coalition Package; Protective Orders; Restraining Orders; Firearms; Prohibition

Description:

Amends the penalty for the unlawful possession, control, or transfer of a firearm or ammunition in violation of a valid judicial protective order or restraining order by reclassifying the offense from a misdemeanor to a class C felony.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO PUBLIC SAFETY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that under existing law, a person may be prohibited by a lawful judicial protective order or restraining order from possessing, controlling, or transferring ownership of a firearm or ammunition.  However, a violation of this prohibition is subject to only a misdemeanor penalty.

     The legislature further finds that an active court order for protection or restraining order is an indication of an increased lethality risk for the protected party and others, and that unlawful possession, control, or transfer of a firearm or ammunition under such circumstances is a serious violation of public safety.

     Accordingly, the purpose of this Act is to establish a class C felony penalty for the unlawful possession, control, or transfer of a firearm or ammunition in violation of a judicial protective order or restraining order.

     SECTION 2.  Section 134-7, Hawaii Revised Statutes, is amended by amending subsection (j) to read as follows:

     "(j)  Any person violating subsection (a) [or], (b), or (f) shall be guilty of a class C felony; provided that any felon violating subsection (b) shall be guilty of a class B felony and if said prior felony conviction is that of a crime of violence, as defined in section 134-1, the defendant shall be sentenced to an indeterminate term of imprisonment as provided by law.  Any person violating subsection (c), (d), (e), [(f),] (g), or (h) shall be guilty of a misdemeanor."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on March 22, 2075.

Report Title:

Hawaii Law Enforcement Coalition Package; Protective Orders; Restraining Orders; Firearms; Prohibition

Description:

Establishes a class C felony penalty for the unlawful possession, control, or transfer of a firearm or ammunition in violation of a valid judicial protective order or restraining order.  Effective 3/22/2075.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO public safety.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that under current law, a person may be prohibited by a lawful judicial protective order or restraining order from possessing, controlling, or transferring ownership of a firearm or ammunition.  However, a violation of this prohibition is subject to only a misdemeanor penalty.

     The legislature finds that an active court order for protection or restraining order is an indication of an increased lethality risk for the protected party and others, and that unlawful possession, control, or transfer of a firearm or ammunition under such circumstances is a serious violation of public safety.

     The purpose of this Act is to establish a class C felony penalty for the unlawful possession, control, or transfer of a firearm or ammunition in violation of a judicial protective order or restraining order.

     SECTION 2.  Section 134-7, Hawaii Revised Statutes, is amended by amending subsection (j) to read as follows:

     "(j)  Any person violating subsection (a) [or], (b), or (f) shall be guilty of a class C felony; provided that any felon violating subsection (b) shall be guilty of a class B felony and if said prior felony conviction is that of a crime of violence, as defined in section 134-1, the defendant shall be sentenced to an indeterminate term of imprisonment as provided by law.  Any person violating subsection (c), (d), (e), [(f),] (g), or (h) shall be guilty of a misdemeanor."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Hawaii Law Enforcement Coalition Package; Protective Orders; Restraining Orders; Firearms; Prohibition

Description:

Establishes a class C felony penalty for the unlawful possession, control, or transfer of a firearm or ammunition in violation of a valid judicial protective order or restraining order.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 2783

Honolulu, Hawaii

RE:     S.B. No. 2517

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2517 entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC SAFETY,"

begs leave to report as follows:

     The purpose and intent of this measure is to establish a class C felony penalty for the unlawful possession, control, or transfer of a firearm or ammunition in violation of a valid judicial protective order or restraining order.

     Your Committee received testimony in support of this measure from the Department of the Attorney General, Office of the Prosecuting Attorney of the County of Hawaii, Department of the Prosecuting Attorney of the County of Maui, Kauaʻi Police Department, Hawaiʻi Police Department, and three individuals.

     Your Committee received testimony in opposition to this measure from thirty-eight individuals.

     Your Committee finds that protective orders are typically issued in circumstances of domestic violence, stalking, or harassment.  Violating a protective order, particularly in situations involving the unlawful possession of firearms, is a serious offense that poses a direct and increased threat to the safety of the protected individuals, their families, and the broader community.  However, existing law only classifies the violation of these orders as a misdemeanor, which significantly undermines the intent of these legal protections and fails to adequately address the severity of the offense.  This measure will ensure that those who violate protective orders by unlawfully possessing, controlling, or transferring a firearm or ammunition are held accountable in a manner that reflects the seriousness of the violation.

     Your Committee has amended this measure by:

     (1)  Inserting an effective date of March 22, 2075, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2517, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2517, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO. 2125

Honolulu, Hawaii

RE:     S.B. No. 2517

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Public Safety and Military Affairs, to which was referred S.B. No. 2517 entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC SAFETY,"

begs leave to report as follows:

     The purpose and intent of this measure is to establish a class C felony penalty for the unlawful possession, control, or transfer of a firearm or ammunition in violation of a valid judicial protective order or restraining order.

     Your Committee received testimony in support of this measure from the Department of the Attorney General, Maui Police Department, Department of the Prosecuting Attorney of the County of Maui, Office of the Prosecuting Attorney of the County of Hawaii, and one individual.

     Your Committee received testimony in opposition to this measure from the Office of the Public Defender, Hawaii Rifle Association, Mid Pacific Pistol League, and sixty-four individuals.

     Your Committee received comments on this measure from the Department of the Prosecuting Attorney of the County of Maui.

     Your Committee finds that existing law allows a person, by a lawful judicial protective order or restraining order, to be prohibited from possessing, controlling, or transferring ownership of a firearm or ammunition.  Protective orders and restraining orders are frequently issued to protect individuals from domestic violence, stalking, or harassment.  When individuals violate these orders by possessing, controlling, or transferring firearms or ammunition, the risk of violence and harm increases significantly.

     Your Committee further finds that increasing the penalties for violating a protective order or restraining order by possessing, controlling, or transferring a firearm would provide a vital deterrent to individuals who are at risk of committing violent offenses against protected individuals.  This measures provides both a deterrent and accountability mechanism for potential violators.

     As affirmed by the record of votes of the members of your Committee on Public Safety and Military Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2517 and recommends that it pass Second Reading and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Public Safety and Military Affairs,