Hawaii has enacted firearm laws that regulate not only complete firearms, but also parts, accessories, magazines, ammunition, and firearm industry practices. These laws impose strict compliance requirements and expanded civil liability that make it impractical for out-of-state retailers like Arm Or Ally to sell or ship regulated products into Hawaii.
What Is Hawaii’s Gun Industry Liability Law?
In 2023, Hawaii enacted Act 52, which allows civil lawsuits against firearm industry members if the sale, marketing, or distribution of firearm-related products is alleged to contribute to a public nuisance or public harm. The law applies even when a seller complied with federal law and did not directly commit a crime.
Official law text (Act 52, 2023):
https://www.capitol.hawaii.gov/sessions/session2023/bills/HB2076_.pdf
Why Does This Increase Risk for Online Retailers?
Hawaii’s liability framework allows claims based on how firearm-related products are marketed or sold, not just on illegal conduct or defective products. This means an online retailer could face civil lawsuits alleging insufficient “reasonable controls,” even when products were lawfully sold and shipped.
For out-of-state sellers, this creates unpredictable legal exposure and the risk of costly litigation simply for doing business with Hawaii residents.
Other Hawaii Laws That Add to the Compliance Burden
Hawaii also enforces additional firearm and ammunition restrictions that complicate shipping and compliance, including:
- Permit-to-acquire requirements: Hawaii requires purchasers to obtain permits before acquiring firearms, with separate processes for different firearm types. These requirements complicate direct-to-consumer sales.
https://www.honolulupd.org/police-services/firearms/ - Magazine capacity limits: Hawaii restricts magazines capable of holding more than 10 rounds, with limited exceptions, affecting what products may be sold or transferred.
https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0134/HRS_0134-0008.htm - Unserialized and privately made firearm restrictions: Hawaii bans unserialized firearms and regulates unfinished frames and receivers, including restrictions on sale, transfer, and possession.
https://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0134/HRS_0134-0019.htm - Ammunition regulations: Hawaii imposes additional requirements on ammunition acquisition and recordkeeping that exceed standard e-commerce fulfillment models.
https://www.honolulupd.org/police-services/firearms/ammunition/
Is This a Political Decision?
No. This is a business and risk-management decision. Hawaii’s expanded civil liability law and layered firearm and ammunition regulations increase cost, operational complexity, and legal exposure for out-of-state retailers beyond what is practical for Arm Or Ally.
Will Arm Or Ally Sell to Hawaii in the Future?
At this time, no. Until Hawaii law becomes clearer, more predictable, and less punitive toward out-of-state sellers, Arm Or Ally does not sell or ship firearms, parts, accessories, or ammunition into Hawaii.
