Hawaii

Governor David Ige signed Hawaii’s Gun Violence Protective Order (GVPO) law on July 1, 2019. The law went into effect on January 1, 2020.

A Gun Violence Protective Order (GVPO) temporarily prohibits an individual who poses a danger of causing bodily injury to self or others from owning, purchasing, or possessing any firearm or ammunition. Under Hawaii’s law, law enforcement, family and household members (including current and former spouses, intimate partners, persons with a child in common, relatives, legal guardians, and current or former dating partners, adult roommate, co-habitant, among others), co-workers, educators, medical professionals, and law enforcement agencies may petition for a GVPO. ¹

A petition for a GVPO is filed in Family Court in the circuit where the petitioner resides.² A court hearing is scheduled within 14 days of filing a GVPO petition when the respondent may appear in the court. If the court determines that the respondent poses a significant danger of causing bodily injury to self or others by having access to firearms, they may issue a one-year GVPO.³ A GVPO may be terminated early or renewed. A petitioner may request, and a court may enter an ex parte GVPO without notice to the respondent if the respondent is found to pose an imminent danger of causing bodily injury to self or others by having access to firearms.⁴ The court must enter or deny the GVPO on the same day that the petition is submitted to the court, unless the petition is filed too late in the day, in which case the order is issued or denied on the next business day.⁵ A court hearing must be scheduled within 14 days of the entry of an ex parte GVPO. ⁶

Hawaii’s GVPO Law includes ex parte GVPOs issued by judicial officers; a hearing where the respondent is provided notice and an opportunity to participate; the respondent’s right to counsel (at no expense to the government);  and the requirement of relevant evidence (e.g. the enumerated factors the judicial officer must consider) to issue a GVPO.