Ok so I searched the forum for any thread that might have something similar to my question, but couldn't find it.

If I live with ANOTHER individual that gets their FIRST DUI, would MY firearms be subject to confiscation until offending party gets their name cleared i.e. gets a doctor's clearance or completes alcohol substance abuse program? FYI the other person is above 25 years old... if that makes any difference. Yes, I do understand that this individual's own firearms will probably be confiscated, but again my concern is if that would effect MY firearms since we live together.

Can't seem to find it an answer and while NOTHING occurred to spawn this question I was just curious cause I warned this idiot that you can't assume anything with how laws are interpreted in Hawaii by LE and I'll be damned if this m**********r gets my property taken from me.

I mean I wouldnt be surprised if in the worst case scenario this actually happens and regardless of the fact that I have my guns locked up, they could still deem it as the offending party is still in the "vicinity" of firearms therefore they'd pull some confiscation crap on me even though Im not the offending party.

Ok so I searched the forum for any thread that might have something similar to my question, but couldn't find it.

If I live with ANOTHER individual that gets their FIRST DUI, would MY firearms be subject to confiscation until offending party gets their name cleared i.e. gets a doctor's clearance or completes alcohol substance abuse program? FYI the other person is above 25 years old... if that makes any difference. Yes, I do understand that this individual's own firearms will probably be confiscated, but again my concern is if that would effect MY firearms since we live together.

Can't seem to find it an answer and while NOTHING occurred to spawn this question I was just curious cause I warned this idiot that you can't assume anything with how laws are interpreted in Hawaii by LE and I'll be damned if this m**********r gets my property taken from me.

I mean I wouldnt be surprised if in the worst case scenario this actually happens and regardless of the fact that I have my guns locked up, they could still deem it as the offending party is still in the "vicinity" of firearms therefore they'd pull some confiscation crap on me even though Im not the offending party.

nope, they cannot confiscate for that
but it is your legal responsibility to prevent anyone who is a prohibited person or a minor from accessing your firearms

Anyone who gets a DUI, gets their firearms confiscated?

The Laws in Hawaii treats regular firearms as if they were NFA items. Only the registered owner may have access and use them.

Anyone who gets a DUI, gets their firearms confiscated?

what he said.... can they confiscate if you get a DUI?

what he said.... can they confiscate if you get a DUI?

not written in the laws.

Thanks for the replies. The reason I believed confiscation as a result of a DUI is due to the verbiage in the law where they specifically noted shall not "possess":

c)  No 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, or intoxicating liquor;

     (2)  Has been acquitted of a crime on the grounds of mental disease, disorder, or defect pursuant to section 704-411; or

     (3)  Is or has been diagnosed as having a significant behavioral, emotional, or mental disorders as defined by the most current diagnostic manual of the American Psychiatric Association or for treatment for organic brain syndromes;

shall own, possess, or control any firearm or ammunition therefor, unless the person has been medically documented to be no longer adversely affected by the addiction, abuse, dependence, mental disease, disorder, or defect.

If they put you in treatment for alcoholism , I believe it applies.   If they just make you do the driving class or whatever, not.  Dui  is felony, but doesn't count as felony offense disqualifying. 


The fact that a member of your household is a prior felon, mental issues, whatever is not disqualifying.   You're required to secure your firearms from people that aren't legal that might be able to access your guns like your children or the above mentioned people.

Dyodd though.

This falls under the "common sense" category, not the ficticious common sense gun control.

If you think anyone in your house is not safe around guns, you should be proactive and lock up/remove them without some poorly worded, misinterpreted law telling you to.

The problem with society today is, people have become programmed to think anything you should not do is against some law, ordinance or rule.  Everything else is fine.  That's why we see so many lawsuits that blame the government or businesses for not preventing some stupid decisions.

Use your best judgement.  There's only one thing to keep in mind where the law is concerned:

THE OWNER OF A FIREARM IS “ABSOLUTELY” LIABLE FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY THE DISCHARGE
OF THE FIREARM UNLESS THE FIREARM WAS STOLEN AND REASONABLY REPORTED STOLEN, OR UNLESS THE DISCHARGE OF THE
FIREARM WAS LEGALLY JUSTIFIED. A FIREARM MUST BE LOCKED UP OR OTHERWISE REASONABLY SECURED UNLESS CARRIED ON
THE PERSON OR IN SUCH CLOSE PROXIMITY THAT THE PERSON READILY CAN RETRIEVE AND USE IT AS IF IT WERE CARRIED ON
THE PERSON.

That should be your primary concern.

https://law.justia.com/codes/hawaii/2015/title-36/chapter-663/section-663-9.5/

Not to be confused with living with someone who has a TRO, including ex parte. As depicted in a previous thread, if your son's girlfriend gets pissed and files a TRO, the cops will take all of the guns in the house, including yours.

http://lawcenter.giffords.org/domestic-violence-and-firearms-in-hawaii/

Hawaii authorizes, but does not require, removal of firearms and/or ammunition by law enforcement officers from abusers subject to domestic violence protective orders, including ex parte protective orders.7 In Hawaii, upon service of a domestic violence restraining order involving firearms or ammunition, the police officer may take custody of any firearms or ammunition in plain sight, discovered pursuant to a consensual search, or surrendered by the person subject to the order.8 If the police officer is unable to locate firearms or ammunition registered to that person or known to the person granted protection by the court, the police officer must apply to the court for a search warrant for the purpose of seizing these firearms and ammunition.9

If the person restrained by the order is the registered owner of a firearm and knows its location but refuses to surrender the firearm or refuses to disclose its location, the person restrained shall be criminally liable for a misdemeanor.10

Removal or Surrender of Firearms from the Scene of a Domestic Violence Incident

Hawaii has two laws regarding removal of firearms from the scene of a domestic violence incident.  Hawaii Revised Statute 134-7.5(a) authorizes a police officer who has reasonable grounds to believe that a person recently assaulted or threatened to assault a family or household member to seize all firearms and ammunition the officer believes were used or threatened to be used in the commission of the offense.  The statute also authorizes the officer to seize any firearms or ammunition in plain view or discovered pursuant to a consensual search, as necessary for the protection of the officer or any family or household member.11 Any guns or ammunition seized will be held by law enforcement.12 The officer at the scene must provide the owner or lawful possessor of seized firearms or ammunition with a receipt.13 The firearm or ammunition will be made available to the owner or lawful possessor within seven working days after the seizure unless it is retained for use as evidence or the abuser is ineligible to possess it.14

Hawaii Revised Statute 709-906(4)(f) is similar but requires a police officer to seize all firearms and ammunition that the police officer has reasonable grounds to believe were used or threatened to be used in the commission of a domestic abuse offense if the officer has reasonable grounds to believe that there was physical abuse or harm inflicted by one person upon a family or household member, regardless of whether the physical abuse or harm occurred in the officer’s presence.

A DUI will not disqualify someone from owning firearms unless they end up in an addiction treatment program.

Dui  is felony, but doesn't count as felony offense disqualifying. 

A first-time DUI conviction in Hawai'i is a petty misdemeanor.