Home / Browse / Ch. 134 / §134-9.4

§134-9.4

Unlawful conduct while carrying a firearm; penalty

Firearms · Chapter 134 — Firearms, Ammunition and Dangerous Weapons · Part I. General Regulations

(a) A person carrying a firearm shall not:

     (1)  Consume alcohol or intoxicating liquor;

     (2)  Consume a controlled substance;

     (3)  Be under the influence of alcohol or intoxicating liquor; or

     (4)  Be under the influence of a controlled substance.

     (b)  As used in this section:

     "Alcohol" and "intoxicating liquor" shall have the same meaning as in section 281-1.

     "Controlled substance" means a drug, substance, or immediate precursor in schedules I through III of part II of chapter 329.

     (c)  Any person who violates this section shall be guilty of a misdemeanor; provided that any person who violates this section by consuming or being under the influence of alcohol or an intoxicating liquor shall be guilty of a petty misdemeanor. [L 2023, c 52, pt of §2]

No Hawaiʻi pattern jury instruction (HAWJIC) has been published for this offense — prove each statutory element above on its own terms.

Source / Amendment history

[L 2023, c 52, pt of §2]