Stun Guns in Hawaii: Essential Facts

Overview on Stun Guns in Hawaii

On March 18, 2016, Hawaii Governor David Ige signed HB 1749 into law, legalizing the ownership and use of stun guns across the state. Stun gun use is now legal, so long as the user is 18 or older and using the device for self-defense. However, sales of stun guns are still prohibited in the state.
Hawaii does have a citizen’s misuse statute in Section 134-3 which says that is unlawful for any person to openly carry into an place open to the public "any spring action rifle, electric weapon or mechanical device . " However, if the citizen in question has a permit for the device, the person may carry it openly as long as the stun gun is not in a position to cause bodily harm. Also, the person must have the permit for the stun gun in their possession at all times.
As these laws show, Hawaii takes a rather relaxed approach to stun gun use in the state. There are no large restrictions on ownership or transport of the non-lethal weapons.

Recent Developments Regarding Stun Guns

A significant change occurred in 2016 when the Hawaii Supreme Court found that the prohibition on the sale, transfer and ownership of electronic stun guns was unconstitutional under the Second Amendment. The case involved a fourteen year old boy who stole a car that belonged to a family friend and later attacked a man in her home with a stun gun that he obtained from her garage. When the police arrested the minor at the scene he was charged with several offenses, including carrying a dangerous weapon. The state took issue with this because, at the time, electronic stun guns were banned as dangerous weapons under Hawaii Revised Statutes §134-51 and the state argued that the term dangerous weapon included items such as electronic stun guns.
The court found that the legislature’s ban on all electronic stun guns was in fact a blanket ban and that blanket bans on arms are inconsistent with the Second Amendment. The court held that once the legislature decided that stun guns should not be treated as dangerous weapons, the constitution prohibited its full ban requiring them to either be registered or licensed. As a result, the Hawaii legislature saw that it did not have a compelling reason for treating electronic stun guns differently from other guns and amended Hawaii Revised Statutes §134-51 to remove electronic stun guns from the list of prohibited weapons. Governor David Ige signed the bill into law on July 1, 2017, removing the state’s prohibition on electronic stun guns and tasers.
As noted above, the prior version of Hawaii Revised Statutes §134-51 prohibited the ownership, possession, sale, transfer, transport or carrying of any electronic device that is used to cause an electric shock, paralysis or temporary or permanent injury by means of an electronic current, including but not limited to machined metal, plastic or rubber devices known as "stun guns," "tasers," "Sparklers," "Xrep," or other names. Now, as amended, Hawaii Revised Statutes §134-51 no longer lists electronic stun guns as dangerous weapons. Instead, the statute only applies to "bows and arrows, BB guns, any kind of air guns, spring guns or other instrument or device in which projectiles are propelled by spring, gas or air, including any pistol or revolver so called, or any cylinder of cartridges in which the projeciles are contained." This legislative change means that electronic stun guns are now legal weapons in the state of Hawaii, with no restrictions on their use. However, it should be noted that while the federal government, and many U.S. states, permit these types of weapons, this does not mean that it is necessarily a good idea to purchase one. Tasers and stun guns can be considered dangerous weapons, and may even be fatal, in certain situations such as a drowning where the victim is shocked while in the water, or when the weapon is used in any manner that endangers others.

Criminal Penalties for Illegal Use

There are a number of general penalties imposed under the Hawaii Revised Statutes for violating the stun gun law; however, there are also a number of case-specific penalties that may apply if an individual is convicted of the charges. Violation of the stun gun ban in the State of Hawaii is punishable by Aloha State prosecutors as a petty misdemeanor. This will lead to a criminal record for the defendant and a maximum of 30 days in jail. If a stun gun is used during the commission of a second- or first-degree assault, the defendant may be sentenced to one year or five years imprisonment, respectively (first degree assault, HRS § 707-710, carries the highest penalty for such crimes). The use of any weapon during the commission of assault applies, but if it is a stun gun and the victim is a police officer, the penalties may increase, as discussed below. Hawaii Revised Statute § 134-16.5(S)(d) states that anyone who uses a stun gun on a uniformed police officer responding to an emergency call – or otherwise legally engaged in the performance of his or her duty – hasn’t yet been convicted of a crime of assault against that officer, and didn’t provoke the confrontation may face a Class B felony charge. The law does not require serious bodily injury to be inflicted for a charge to stand, that is up to the prosecutor’s discretion. Even if the defendant is cleared of the assault charges though, once the incident is reported to the National Instant Criminal Background Check System (NICS), they may also be considered prohibited buyers of firearms.

How to Legally Acquire a Stun Gun in Hawaii

In the state of Hawaii, no person shall manufacture, sell, transfer or give to any person any electronic stun gun. However, private sales can be permitted with government approval and as long as the seller does not have a permit as a dealer. Prior approval must be acquired before proceeding with a sale.
The individual must produce one of the following documents or identification number to the country police or sheriff:
-On any purchase application: Department of Education employee identification number, Department of Health employee identification number, or municipal agency employee identification number;
-On any application or request made, including any permit, license, certificate, registration, bond, oath, affidavit, or other official government form or document, or in any commercial transaction: Social Security number, driver’s license number, or government-issued identification card number .
The following persons or agencies must be in possession of a permit for the sale or transfer of electronic stun guns:

• employers or corporations employing more than one person as an armed guard, detective, patrolman, watchman, or other person carrying weapons in the performance of their duties
• an individual or agency who offers to sell, uses, or permits the use of any electronic asset as a stunt device in television, motion pictures, or theatrical productions
• any individual or company that owns or possesses, or offers to sell, lease, or otherwise transfers ownership or possession of two or more stun guns during any twelve-month period for purposes of resale

Permits are required even for private sales and prohibited sales include those to minors, vendors without a permit, vendors selling without verification of the recipient’s identity, and individuals intending to use a stun gun for illegal purposes.
Of course, the person legally purchasing the stun gun must be of age (18 years or older, or 16 years and older with parental consent) and meet additional restrictions such as mental health criteria, or be an active police officer or law enforcement agent in good standing.

Using Stun Guns for Personal Protection

Stun guns are intended to be used as a personal safety weapon. As such, it is important for owners to use their weapon responsibly and follow safety precautions when carrying their weapon. Below are some guidelines for personal safety. If you plan on carrying your stun gun for personal protection, you should check to see if it is legal to carry concealed under your state and local laws. For example, Hawaii does not allow for concealed carry weapons, including stun guns. If you are not authorized to carry a stun gun, you could face civil and criminal penalties and will not have the protection of your weapon if you need it in an emergency. While it is tempting to offer someone a demonstration to show how your stun gun works, you should never do this, as it may tempt the other person into using the stun gun against you. Additionally, when demonstrating its use, there is a risk that the stun gun could inadvertently from the owner’s hand or waistband and injure another person. Hands-free units are recommended for tactical use, as they are protected by the unit’s casing and cannot be lost or dropped easily.

Stun Guns vs. Other Self-Defense Options

The landscape of personal protection tools in Hawaii is diverse, where options range from non-lethal to lethal. It is important to know how stun guns compare to other self-defense tools you may be considering.
Tasers
In a market where only non-lethal weapons are available for self-defense in Hawaii, the choice of weapons is virtually limited to a taser and a stun gun. Regarding taser v. stun gun use, each has its advantages and drawbacks. The taser causes incapacitation by delivering electric shocks through two wires. The taser can incapacitates by delivering shocks to the heart or brain, depending on where the taser wires land. Tasers are the only self-defense weapons available in Hawaii that can incapacitate through electrical shocks. Tasers are limited by required proximity to the target, typically only up to 15 feet. Much like the taser, the stun gun shocks through electricity and can also incapacitate the target. However, the stun gun can only administer electrical shocks through direct contact. Although tasers have the advantage of range, stun guns are much more compact and easily carried. With no required proximity to your target, you can carry the stun gun in your pocket until times of danger. At the same time, the taser is more effective than the stun gun for incapacitating an assailant . Taser shots can incapacitate someone for up to 30 minutes, while stun guns will only incapacitate someone for as long as the stun gun is in contact with their skin.
Pepper Spray
Similarly to stun guns, pepper sprays are legal to use, but only if you apply it in self-defense. Again-similarly to stun guns-pepper spray is a form of chemical smog that incapacitates the target. Thus, stun guns and pepper sprays both have incapacitating effects; apart from those, the only difference is how they work. Pepper sprays offer a convenient alternative to stun guns insofar as they can be placed in a keychain, purse, or pocket. Unlike stun guns, which need to be used in direct contact with a target, you can spray pepper from a safe distance. Other advantages of pepper spray are the legal advantages. Stun guns are subject to some legal restrictions just on account of their electrical component. Pepper spray, on the other hand, is fully legal in Hawaii and elsewhere around the U.S.. While stun guns can incapacitate a target, typical pepper sprays temporarily impair vision so you can escape. It’s important to note, though, that some pepper sprays also cause temporary incapacitation. If you plan on using a stun gun or pepper spray, you should only use them in self-defense.