(a) Prohibition. Except as otherwise provided by federal or State law, it is a violation of this article for any person to intentionally, knowingly, or recklessly carry on their person a firearm, concealed or unconcealed, on the premises of:
(1) Any sensitive place; or
(2) Any business establishment or charitable establishment unless the business establishment or charitable establishment, or an agent thereof, has expressly consented thereto. For the purposes of this subsection, signage must be in accordance with the requirements specified in § 41-31.5.
For the purposes of this section, “the premises of any business establishment or charitable establishment” includes all appurtenant grounds and parking lots of the business establishment or charitable establishment, but does not include privately owned or maintained streets or sidewalks.
(b) Exceptions. This section does not apply to:
(1) Persons exempted from HRS § 134-9 pursuant to HRS § 134-11;
(2) Detectives, private detectives, investigators, and guards, authorized by the chief of police to carry a firearm in a particular sensitive place, while on duty, in that sensitive place or on the premises of a business establishment or charitable establishment with the authorization of the owner of the premises;
(3) Any person who has a valid license to carry on their person a pistol or revolver outside the person’s residence, or is exempted in accordance with § 41-31.3(b), and who is in the act of:
(A) Transporting a concealed firearm within a vehicle into or out of a parking area in a location covered under subsection (a); provided that the firearm is secured in a locked container;
(B) Transporting a concealed firearm in the immediate area surrounding their vehicle within a prohibited parking lot area only for the purpose of storing or retrieving the firearm within a locked container in the vehicle’s trunk or other place inside the vehicle that is out of plain view;
(C) Traveling along a public right-of-way that touches or crosses any of the locations identified in subsection (a), if the concealed firearm is carried on their person or is being transported in a vehicle by the licensee in accordance with all other applicable laws; provided that nothing in this exception allows a licensee to loiter or remain in a sensitive place longer than necessary to complete their travel; or
(D) Walking through or within 100 feet of a public gathering, demonstration, or event for which a government permit is obtained in order to access a place where firearms are allowed or their residence, place of business, or vehicle, while the licensee is in the act of walking through the gathering, demonstration, or event to access a place where firearms are allowed or their residence, place of business, or vehicle; provided that nothing in this exception allows a licensee to loiter or remain in a place longer than necessary to complete their travel or business; and
(4) Public gatherings, demonstrations, or events for which a government permit is obtained, if the permit allows the carrying of a firearm, concealed or unconcealed, during the conduct of the gathering, demonstration, or event.
(c) Leased Premises. The landlord of a nonresidential property may, but need not, delegate authority by contractual provision to a lessee operating a business establishment or a charitable establishment to expressly consent to:
(1) The carrying of firearms concealed or unconcealed by licensed persons generally; or
(2) The carrying of firearms by licensed detectives, private detectives, investigators, or guards;
on the leased premises.
(Added by Ord. 23-6)