Honolulu and the state both recently enacted laws establishing “sensitive places” where the “public carry of firearms” is prohibited, but the measures conflict when it comes to how properties that do allow guns on the premises are required to communicate that to their customers.
Senate Bill 1230, which was signed June 2 by Gov. Josh Green as Act 52, and city Ordinance 23-6, which took effect May 1, designate schools, government buildings, public transport, bars and certain other settings as places where firearms are banned. Places that are not considered sensitive can determine on their own whether guns are welcome on their properties.
Under the city ordinance, businesses or “charitable establishments” that do allow firearms are required to clearly display a city-issued “guns allowed” poster in their storefronts. No sign is required if the business owner or organization does not allow guns, so the absence of a poster automatically indicates that firearms are not allowed.
The city distributed 1,700 guns allowed posters at Honolulu Hale and eight satellite city halls. Although the city is not tracking how many of them were picked up, Waianae Satellite City Hall and Kapolei Hale saw the strongest demand for the posters, said Ian Scheuring, the city’s deputy director of communications.
The state law that took effect July 1 states that the owner, lessee, operator or manager of private property open to the public shall signify their express authorization for the carrying of firearms by “unambiguous written or verbal authorization; or the posting of clear and conspicuous signage at the entrance of the building or on the premises.”
So Oahu business owners who opt to notify customers either verbally or through “unambiguous writing” — and not with clear signage — would appear to be in violation of the city ordinance.
It’s unclear whether the state law supersedes the Honolulu ordinance. Both the city Department of the Corporation Counsel and the state Department of the Attorney General declined to offer a legal opinion on the matter.
The Honolulu Police Department did not immediately respond to a request for comment on the enforcement procedures for either law, but violations in both cases are a misdemeanor. The city ordinance states that a law enforcement officer can arrest an alleged violator or issue a citation in lieu of an arrest.
While the city heard testimony against the signage requirement during the legislative process, Scheuring said officials are not aware of any complaints or violations since the ordinance took effect.
The situation is reminiscent of the differing rules between the state and counties during the COVID-19 pandemic that led to widespread confusion for people who needed to travel between the islands.
The state and city’s new “public carry” laws followed a 2022 U.S. Supreme Court decision that limits states’ abilities to restrict the carrying of firearms in public spaces, one of a series of rulings that continue to divide the country.
None of Hawaii’s major business associations — the Retail Merchants of Hawaii, the Hawaii Restaurant Association and the Chamber of Commerce Hawaii — have surveyed their members to gauge the attitudes of island businesses toward the laws’ impacts.
Lindsey Dymond, owner of Kalapawai Cafe and Market, wants to remain neutral for now. None of the Kalapawai locations have signage regarding firearms.
“If it becomes an issue, we’ll probably take a stance on it one way or another,” Dymond said. “But it’s never even come up, to the best of my knowledge, to any of our staff members. No one’s said anything.”
Vince Vento, sole proprietor of Alii Coins and Currency in Kaneohe, has taken a stand. Vento proudly showcases the guns allowed sign in his store inside Windward City Shopping Center.
“A lot of my customers, my kind of customers, have complimented me for it,” said Vento, 68.
The decision to put up the sign was easy, according to Vento, who said he grew up in Arizona where his earliest memories were of seeing cowboys walking around the streets carrying firearms.
“Guns are just a tool,” he said. “It just depends on how we use them.”
If he didn’t post a guns allowed sign, customers who carry firearms wouldn’t come into his store, Vento explained.
“It’s a no-brainer for me,” he said.
Teiana Gonsalves, 21, was walking to her hair appointment in Kaneohe when she noticed Vento’s guns allowed sign for the first time. The Stanford University political science student is back home in Kailua for summer break.
She said that in the past she has supported the rights of people to keep registered firearms at home. But Vento’s guns allowed sign was the first she’d seen in Hawaii, and Gonsalves admitted it made her slightly uneasy, especially because she has younger siblings.
“If I were on my own in a business and I saw the sign, it would put me a little bit on edge,” Gonsalves said.
Outside Vento’s store, Temoana Tamanaha, a 24-year-old mother of three toddlers, said she won’t go into stores with signs declaring that guns are allowed.
“My daughter knows not to go inside if she sees it,” Tamanaha said, looking at her 5-year-old daughter, Naveah.
City Ordinance 23-6
Signage must be posted at a business establishment or charitable establishment to allow or prohibit the carry of firearms when the sign would indicate a permission or prohibition that is different from the default provisions of this article or applicable State law.
State Act 52
Express authorization to carry or possess a firearm on private property open to the public shall be signified by unambiguous written or verbal authorization or the posting of clear and conspicuous signage at the entrance of the building or on the premises by the owner, lessee, operator or manager of the property, indicating that carrying or possessing a firearm is authorized.