Restoring Your Gun Rights in Hawaii: How to Get Firearm Rights Back

If you have a past conviction in Hawaii and want to legally own or possess a firearm again, understand this first: Hawaii offers exactly one path to restore firearm rights lost through a felony conviction — a governor's pardon — and even that pardon only fixes the state side of the problem, not the federal side. Those are two separate locks, controlled by two separate governments, and both must open before you can legally possess a firearm.

Caution: Restoring your rights under Hawaii law does not automatically restore your federal firearm rights. If your conviction is a federal offense, or if federal law still treats you as a "prohibited person" after your state relief, possessing or buying a firearm is a federal felony — even if Hawaii has told you your rights are restored. Confirm your federal status with a qualified attorney before you ever touch, buy, or accept a firearm.

Who loses firearm rights in Hawaii

Under Hawaii Revised Statutes § 134-7(b), a person may not own, possess, or control a firearm or ammunition if convicted of: any felony; a "crime of violence" (a category that in Hawaii reaches some violent misdemeanors, not just felonies); a criminal offense relating to firearms; or the illegal sale or distribution of any drug. Other parts of § 134-7 also bar people subject to certain restraining or protective orders, people involuntarily committed or found incapacitated for mental illness, and people disqualified by certain drug- or alcohol-related conditions.

Federal law, under 18 U.S.C. § 922(g)(1), independently bars anyone convicted of a crime punishable by more than one year from possessing a firearm anywhere in the country, and also bars anyone convicted of a misdemeanor crime of domestic violence under 18 U.S.C. § 922(g)(9) (the Lautenberg Amendment). Hawaii's ban runs somewhat broader than the federal floor — it reaches some non-felony "crimes of violence" beyond domestic-violence misdemeanors, plus its own restraining-order, mental-health, and substance-related prohibitions. A conviction can trigger the state ban, the federal ban, or both, and each is judged by its own rules.

The two locks: why state relief doesn't automatically open the federal door

This is the single most important thing to understand. Hawaii and the federal government each maintain their own, independent list of who can't have a gun. Getting off Hawaii's list does not automatically take you off the federal list.

Federal law has a specific rule for when it will even recognize state-level relief: under 18 U.S.C. § 921(a)(20), a conviction stops counting for federal purposes only if the state's relief — expungement, set-aside, pardon, or restoration of civil rights — actually restores civil rights and does not expressly continue to prohibit firearm possession. If the paperwork is silent on firearms, or still says you can't have one, federal law keeps treating you as a convicted felon.

There's a harder rule for anyone whose disqualifying conviction is federal, not a state one: in Beecham v. United States, 511 U.S. 368 (1994), the U.S. Supreme Court held a federal felon must look to federal law — not a state pardon — for relief. A Hawaii pardon cannot lift a federal conviction's federal firearms bar. Federal law's own relief statute, 18 U.S.C. § 925(c), lets ATF restore firearm rights case by case, but Congress has blocked its funding to do so since the early 1990s, so this route is effectively closed to almost everyone.

Bottom line: someone can do everything right under Hawaii law — get a full pardon that says "firearm rights restored" — and still be a federal felon in possession the moment they pick up a gun, if the underlying conviction was federal, or federal law doesn't recognize the state relief for some other reason. Never assume state relief settles the federal question.

How Hawaii actually restores firearm rights

Hawaii's toolbox is narrow — two mechanisms, and that's all:

• Automatic relief for non-felony disqualifications only. Under HRS § 134-7(i), a person disqualified because of a conviction that is not a felony is automatically relieved once twenty years have elapsed from that conviction — but only if no other state or federal provision (including 18 U.S.C. § 922) still bars them. This does not apply to felonies.
• A governor's pardon, for felony convictions. A pardon from the Governor is, as a practical matter, the only route to restoring firearm rights lost to a felony. Hawaii's official pardon application (form HPA-021), submitted to the Hawaii Paroling Authority, asks directly: "Are you requesting express authorization to own and/or possess firearms?" — firearm rights are not automatically part of a pardon. You must specifically request them, and the Governor must specifically grant them, in writing.

Hawaii does not offer a general court petition to restore firearm rights, a separate certificate of rehabilitation, or a general felony expungement process. Hawaii's expungement law, administered by the Hawaii Criminal Justice Data Center within the Department of the Attorney General, mainly covers arrests and charges that did not result in conviction, plus a small number of specific first-offense situations — it is not a general tool for clearing felony convictions. A pardon itself does not expunge or erase your record either; the Governor has no power to expunge, and your record will show both the conviction and the pardon.

The Governor's pardon power comes from Article V, Section 5 of the Hawaii Constitution. By long-standing practice the Governor does not act alone: applications are investigated by the Hawaii Paroling Authority, reviewed by the Department of Corrections and Rehabilitation, and further investigated by the Department of the Attorney General before a recommendation goes to the Governor. The application applies only to Hawaii state-court convictions — by its own terms it cannot reach an out-of-state or federal conviction, which "would have to be addressed through the processes of those jurisdictions."

Waiting period and eligibility

For non-felony firearm disqualifications, the wait is set by statute at twenty years from the conviction date (HRS § 134-7(i)). For felonies, Hawaii sets no fixed statutory waiting period before you can apply for a pardon — there is no "X years after release" rule written into the pardon process the way some states use. In practice, the Paroling Authority and Attorney General weigh how much time has passed since completion of sentence, parole, or probation, and your record since release, in judging whether a pardon — and firearm authorization within it — is warranted. Because this is discretionary and case-by-case, do not assume any particular number of years qualifies you; confirm current practice with the Hawaii Paroling Authority or a Hawaii attorney before applying.

Steps to restore your gun rights in Hawaii

1. Confirm exactly what convicted you and where. Pull your certified criminal history and judgment. Is it a Hawaii state felony, a Hawaii misdemeanor, an out-of-state conviction, or a federal conviction? The answer determines which door, if any, is open.
2. Check whether the twenty-year non-felony reset applies. If your only disqualifying conviction is a non-felony and twenty years have passed, you may already be relieved of the state disqualification under HRS § 134-7(i) — but still confirm your federal status separately.
3. If it's a Hawaii felony, request and complete the official pardon application (form HPA-021) from the Hawaii Paroling Authority. Answer the firearms question directly — authorization to own or possess firearms must be expressly requested; it is never assumed.
4. Gather supporting documents: at least three notarized character affidavits, proof of military discharge (DD-214) if applicable, and an honest written statement of why you're seeking the pardon.
5. Submit the notarized application to the Hawaii Paroling Authority at the address on the current form, and expect a lengthy process — the Paroling Authority, the Department of Corrections and Rehabilitation, and the Attorney General's office each review and investigate, often including interviews, before anything reaches the Governor's desk.
6. Get the decision in writing and read it carefully. If firearm rights are restored, the pardon document should say so expressly — a general pardon silent on firearms may not be enough, on either the state or federal side.
7. Before you buy, accept, or possess any firearm, confirm your federal status with a lawyer. Ask specifically whether your conviction and Hawaii relief satisfy 18 U.S.C. § 921(a)(20), and whether Beecham or any other federal rule still treats you as a prohibited person.

Permanent and hard-to-restore exclusions

Hawaii does not publish a list of felonies that can never be pardoned — a pardon is a discretionary act of executive clemency, and the Governor can, in principle, consider any Hawaii state conviction. But that discretion is real, not a formality: the more serious the offense — violent felonies, sex offenses, and crimes involving firearms themselves — the less likely a pardon, and firearm authorization within it, will be granted. Separately, federal and out-of-state convictions sit entirely outside the Governor's reach, which functions as its own permanent bar in Hawaii unless the convicting jurisdiction, or for federal cases an act of Congress restoring ATF's § 925(c) funding, provides relief instead.

Practical reality before you act

Get every step of this in writing — the pardon certificate, any correspondence confirming firearm rights were expressly restored, and anything from the Hawaii Paroling Authority about your status. Do not rely on a verbal assurance, a general "civil rights restored" letter that doesn't mention firearms, or your own assumption that enough time has passed. Have a Hawaii criminal-defense or firearms attorney review your specific conviction and relief document against current federal law before you buy, accept, borrow, or possess a firearm. Possessing a firearm while still a federal "prohibited person" is itself a serious federal felony, independent of your original conviction — and not knowing your own status is no defense.

This article is general legal information about Hawaii and federal firearms law as of 2026, not legal advice for your specific situation. Laws, pardon practices, and federal policy on 18 U.S.C. § 925(c) can change; confirm current details with the Hawaii Paroling Authority, the Hawaii Department of the Attorney General, or a licensed Hawaii attorney before relying on anything here.