Hawaii Bans Adults 18-20 from Buying or Possessing Ammo

Oral Arguments for En Banc Review of Young v. Hawaii on 24 September, 2020
Hawaii Bans Adults 18-20 from Buying or Possessing Ammo

The Hawaii legislature has passed a bill that forbids adults aged 18-20 from purchasing or possessing ammunition. It also forbids anyone from transferring ammunition to people under the age of 21. Violation of the Bill would be punishable as a misdemeanor.

On May 2, 2024, the Hawaii Legislature sent Bill SB2845 to Democratic Governor Josh Green for his signature. Governor Green (D). Governor Green has signed several state laws restricting firearms ownership and carry in Hawaii. Governor Green (D) is expected to sign SB2845 into law. Hawaii government is  effectively defying the Supreme Court ruling in Bruen. From captol.hawaii.gov:


SECTION 2.

Chapter 134, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

§134 – Sale of ammunition to a person under the age of twenty-one; prohibition; penalty.

(a) No person shall intentionally, knowingly, or recklessly sell, offer to sell, distribute, or otherwise transfer ammunition for any firearm to any person who is under the age of twenty-one; provided that it shall not be a violation of this section to sell, offer to sell, distribute, or otherwise transfer ammunition to a person who:

     (1)  Meets the criteria to possess a firearm under section 134-5; and

     (2)  Is actively engaged in hunting or target shooting or going to or from the place of hunting or target shooting.


Bill SB2845 goes on to explain how people who sell or transfer ammunition will be required by law to check government-issued identification to ensure that the person receiving the ammunition is 21 years old or older.

As shown above, people who are under the age of 21 but who have a hunting license are allowed to have ammunition transferred to them while hunting or going to or from the actual place they will be hunting. Additionally, people under the age of 21 who are target shooting or going to or from target shooting are allowed to have ammunition transferred to them. In both cases, people under the age of 21 are required to be accompanied by an adult, as shown in §134-5.  State officials and employees of the State or Federal governments are exempted if their duties require them to be armed.

Persons under the age of 21 are forbidden from possessing or controlling any ammunition, with the above-mentioned exemptions.

This correspondent did not find any legal definition of “ammunition” in the Hawaii statutes.

People who have attained the age of eighteen are no longer “minors” under Hawaii law. Therefore, it appears anyone the age of 18 or greater satisfies the requirement that an “adult” be present while hunting or target shooting.

This poorly thought-out law is almost certain to be challenged in federal court. There are already challenges to the ban on the purchase of handguns by adults who are less than 21 years old. No historical laws forbid the purchase of firearms by persons who are 18 years old or older, while there have been historical federal laws requiring the ownership of firearms by persons 18 years or older.

Bans on the purchase, control, or possession of ammunition or arms by persons under the age of 21 are almost certain to be struck down by the Supreme Court as unconstitutional infringements on the rights protected by the Second Amendment.


About Dean Weingarten:

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of Constitutional Carry was attained. He has degrees in meteorology and mining engineering, and retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

Dean Weingarten

25 Comments
Most Voted
Newest Oldest
Inline Feedbacks
View all comments
Grigori

Of the many things that I am grateful for, not living in that sh-thole known as Hawaii is one of the larger ones.

Ledesma

The theory that professional police forces were designed to replace American’s right [or need] to bear arms is illustrated in Hawaii.

Bob

Absolutely!!!!! I lived on Oahu from ’76 to ’79. We had HPD outside Kipapa park on the street in the middle of the night playing their music loudly, laughing loudly and talk story until all hours. I had to get up at 0600 to go to work. Couldn’t get them to stop. Called numerous times to no avail. If we had done that, we’d have gone to jail.

musicman44mag

Yep, gotta narrow down that ammo so they can go for guns next. The rich like obama and obiden and others are going to move there in the new homes that are going to be built where the fires destroyed the island because they would not try and put the fires out and then they will move to ban all guns on their islands.

Hawaii will be the first sanctuary state where only government people can have guns.

Bubba

I can’t wait for Target practice to start.
These unconstitutional politicians need to be strטng up and made examples of.
Toes about 1/4” off the floor

Eric Kross

One of the arguments often made, at least here in New Mexico, is that 18-20 year olds don’t have the emotional development necessary to responsibly own firearms.

And yet the Left still pushes to lower the voting age to 16.

And yet they’re fine with sending 18-20 year olds off to fight in foreign wars.

nrringlee

So, here is another problem for you. Under the current Biden/Harris military reforms can one consider the First Marine Brigade (Hawaii) to have adult supervision? Inquiring minds would like to know. Semper Fidelis

Straight-Shootr

This crap will NOT STOP until the Governor and ANY legislator that voted for this bill is PERSONALLY held responsible for violations of the Constitution and BOR. Violations need to result in MASSIVE PERSONAL fines, jail time, and removal from office, with NO chance of EVER again serving in any public position.

nrringlee

Here is the problem. The majority of the folks who live in Hawaii are drones and eunuchs who gladly give up their liberties for a false sense of security.

PMinFl

Hawaii is out in the middle of the Pacific Ocean, if they don’t want to be part of the United States then they could be gobbled up by …say…China. So sad, too bad.

Bob

When Hawaii was up for statehood, the locals didn’t want it. The haoulis wanted statehood so you know who won.

swmft

drop them in the garbage patch in the south pacific

Bob

You CAN’T do that in Hawaii. At least not on Oahu. HPD would rather beat the stuffings out of you than look at you. And I think they start at 6’6″, 250 lb. And it’s almost illegal to have a weapon there. More reasons I can’t go back.

Finnky

I realize that Hawaii is in 9th circuit – but surely precedent from 5th circuit will be considered in lawsuits responding to this. Didn’t 5th circuit rule that 18-20 years olds cannot be completely denied the right to carry firearms in public? If I recall correctly ruling was against Texas for allowing carry only for those age 21 or older – court ruled state must allow at least one of concealed or open carry to 18-20 year olds. Hardly any point to legally carrying a firearm if one is not allowed to possess ammo for that firearm. \\face palm Has… Read more »

DIYinSTL

Hawaii is definitely NOT a red (rouge) State. Their rogue antics in defiance of Supreme Court decisions definitely paints them bleu. 😉

Finnky

TY for humorous correction of my error.

You are correct that they are definitely blue rather than red.

gregs

each circuit makes its own decisions, setting precedent in that district. there is no nationwide precedent until scotus decides. where there are split decision among the judicial circuits, 5th and 9th, etc., that generally is when scotus steps in and makes that nationwide ruling.

Jerry C.

Law is not allowed to be arbitrary. The age “21” is entirely arbitrary and has no justification for it’s use in anything, other than it’s history in English common law. A person is imbued with ALL the responsibilities of adulthood at age 18 and are, thus, entitled to ALL the rights & privileges of adulthood, period.

Mac

So they show again that STUPID is as STUPID does!

Akai

Hmmm, Was this article written with slight error? “18-20”. What if I am 20.1 years old? But the bill does say “under 21”. Where did this “18-20” come from?

I think for now the good people in HI should carry a Byrna, or some other form of “gun” that does not use traditional ammo.

Brian

Why I never sought a job at INDOPACOM. a) island inflation, b) bad schools, c) civil rights’ restrictions. Other than its importance for Pacific naval operations/basing and Mauna Kea for astronomy, that place is a shithole.

Bob

I’m sure that Hawaii would love to have their ports shut down. Haoulis would scream bloody murder as would the military. Remember that Captain Cook was killed in the 1700s by the Hawaiians. The locals would love to go back to the way it used to be.

swmft

sounds like there was a law passed a long time ago that bans anyone in government from having a brain

alan93

my guess is the gov hs never been a 20 year old woman trying to protect herself from rape and assault, file this under Democrats war on women
https://www.khon2.com/top-stories/experts-say-one-in-five-women-will-become-victims-of-sexual-assault/