Hawaii Legislature Passes Bill to Ban Ammo Purchase or Possession Adults 18-20

The Hawaii legislature has passed a bill which forbids adults aged 18-20 from purchasing or possessing ammunition. It also forbids anyone from transferring ammunition to people under the are 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 insure the person who is 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, the 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 years 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. 

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

 Update: Governor Green (D) signed the bill into law on July 10, 2024.

©2024 by Dean Weingarten: Permission to share is granted when this notice and link are included.

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