Air gun and replica gun possession ban

A. It is unlawful for any person who is a fugitive from justice, or prohibited from possessing any firearm or ammunition, to possess any air gun or replica gun. B. It is unlawful for any person who is under indictment for, or has waived indictment for, or has been bound over to the circuit court for, or has been convicted in this State or elsewhere of having committed a felony, or any crime of violence, or an illegal sale of any drug to possess any air gun or replica gun. C. It is unlawful for any person who: 1. Is or has been under treatment or counseling for addiction to, abuse of, or dependence upon any dangerous, harmful, or detrimental drug, intoxicating compound as defined in section 712-1240, Hawaiʻi Revised Statutes, or intoxicating liquor. 2. Has been acquitted of a crime on the grounds of mental disease, disorder, or defect in accordance with section 704-411, Hawaiʻi Revised Statutes. 3. Is or has been diagnosed as having a significant behavioral, emotional, or mental disorder as defined by the most current diagnostic manual of the American Psychiatric Association or for treatment for organic brain syndromes; to own, possess, or control any air gun, unless the person has been medically documented to be no longer adversely affected by the addiction, abuse, dependence, mental disease, disorder, or defect. 4. It is unlawful for any person who is less than twenty-five years old and has been adjudicated by the family court to have committed a felony, two or more crimes of violence, or an illegal sale of any drug to own, possess, or control any air gun or replica gun. 5. It is unlawful for any person who has been restrained under an order of any court from contacting, threatening, or physically abusing any person, to possess, control, or transfer ownership of any air gun or replica gun so long as the protective order, restraining order, or any extension is in effect, unless the order, for good cause shown, specifically permits the possession of an air gun or replica gun. The protective order or restraining order must specifically include a statement that possession, control, or transfer of ownership of an air gun or replica gun by the person named in the order is prohibited. The person must relinquish possession and control of any air gun and replica gun owned by that person to the police department for safekeeping for the duration of the order or extension. At the time of service of a protective order or restraining order involving an air gun or replica gun issued by any court, a police officer may take custody of any and all air guns and replica guns in plain sight, those discovered under a consensual search, and those air guns and replica guns surrendered by the person restrained. 6. Any person disqualified from ownership, possession, control, or the right to transfer ownership of air guns and replica guns under this section must surrender or dispose of all air guns and replica guns in compliance with section 134-7.3, Hawaiʻi Revised Statutes. ( Ord. No. 5549 , § 2, 2023)