Hawaii Pepper Spray and Stun Gun Laws (2026)

Hawaii treats pepper spray and stun guns very differently, and pepper spray's answer depends on where in Hawaii a reader lives and what kind of spray they mean. No Hawaii state statute names pepper spray, but Honolulu, home to roughly seven in ten Hawaii residents, regulates chemical sprays on two fronts: a citywide ban on CN and CS tear gas sprays and on OC-based animal repellents, and a separate ordinance that exempts and regulates the one narrowly defined product it calls "pepper spray." A state weapons catch-all also leaves an open question the page cannot resolve either way. Stun guns, which Hawaii calls "electric guns," are the opposite: a detailed, licensed-sale regulatory framework enacted by 2021 legislation, closer in structure to how Hawaii regulates firearms than to how most states treat a self-defense stun gun.

Jurisdiction scope: This page covers Hawaii state law, principally HRS Sections 134-51 and 134-81 through 134-90, and the City and County of Honolulu's obnoxious-substances and pepper spray ordinances, ROH Sections 41-12.3, 41-12.4, and 41-27.1 through 41-27.9. It does not cover Hawaii's firearm permitting statutes in detail, county-level licensing procedures beyond what Chapter 134 itself sets, or any chemical-spray ordinance that a Hawaii county other than Honolulu may have adopted.

Is pepper spray legal to carry in Hawaii?

No Hawaii state statute specifically regulates civilian possession, purchase, or carry of pepper spray or any other chemical spray by name. Hawaii's weapons statutes are concentrated in HRS Chapter 134, and its electric gun part (Sections 134-81 through 134-90) is exclusively about electric guns; the chapter's dangerous-weapons section, HRS Section 134-51, does not name a chemical or pepper spray either. Section 134-51(a) makes it a misdemeanor for a person "not authorized by law" to knowingly carry concealed "on the person, or in a bag or other container carried by the person, any dirk, dagger, blackjack, metal knuckles, or other deadly or dangerous weapon," with a proviso that the subsection does not apply to a billy; under (b), knowingly possessing, or intentionally using or threatening to use, such a weapon while engaged in the commission of a separate felony or misdemeanor is a class C felony. Its exclusion list, Section 134-51(e), as amended in 2024, removes a firearm, a switchblade knife, a butterfly knife, and an electric gun from the section, but says nothing about a chemical or pepper spray, so that exclusion neither reaches it nor rules it out. Section 134-51(g) provides a defense to a subsection (a) concealed-carry charge: it is a defense to prosecution "that a person was lawfully present in the person's own home at the time of the offense." The Hawaii Supreme Court has twice construed the same "other deadly or dangerous weapon" language, and both times read it narrowly and excluded the item before it. In State v. Rackle (1974) the court held a flare gun was not a "deadly or dangerous weapon." In State v. Giltner (1975), following Rackle, the court explained that the statute reaches "instruments associated with criminal activity whose sole design is to inflict death or bodily injury," that "the fact that an object originally designed for normal or lawful use can be perverted to a use dangerous to one attacked does not convert it into a 'deadly or dangerous weapon,'" and that the phrase reaches only an instrument "designed primarily as a weapon, or one which has been diverted from its normal use and prepared and modified for combat purposes," before holding that a diver's knife did not qualify and reversing the conviction. No published Hawaii decision applies Section 134-51 to a chemical or pepper spray in either direction, and the only two decisions construing this catch-all both excluded the item before them, so whether a concealed can of pepper spray falls within it is an open question under the statute's own terms, not a settled negative. General Hawaii assault law still applies to using pepper spray to injure someone regardless of how that question is resolved.

State law is not the only law that reaches pepper spray in Hawaii, however. The City and County of Honolulu, where roughly seven in ten Hawaii residents live, regulates it directly by ordinance; see the next section. Other Hawaii counties (Hawaii, Maui, and Kauai) may have adopted their own pepper spray ordinances, which are not covered on this page.

Honolulu's pepper spray ordinance

Honolulu does not regulate chemical sprays through a single ordinance; it bans most of them outright in one article of city code and then carves out a narrowly defined product in another. ROH Chapter 41, Article 12 ("Obnoxious Substances"), Section 41-12.3(b), makes it unlawful for any person to "possess, discharge, use, transport, sell, or offer to sell any shell, cartridge, bomb, gun, or other device capable of emitting chloracetophenone (CN), o-chlorobenzalmalononitrile (CS) or any derivatives thereof in any form." Section 41-12.3(c) does the same for "any shell, cartridge, bomb, gun, or other device capable of emitting oleo resin capsicum or any derivative thereof used to repel animals," covering products sold as bear spray or dog spray. Section 41-12.3(a) adds a third, intent-based prohibition that is not limited to CN, CS, or OC: no person may "use or possess with intent to use any shell, cartridge, bomb, gun, or other device capable of emitting any liquid, gaseous, or solid substance or any combination thereof that is injurious to person or property, or that is nauseous, sickening, irritating, or offensive to any of the senses; to injure, molest, discomfort, discommode, or coerce another in the use or control of the individual's person or property." Neither ban carries an age, purpose, or self-defense exception on its face; Section 41-12.4(a) lets the chief of police and the chief's subordinates use all of the listed devices in carrying out their duties, (b) lets private security officers employed by private police or security agencies use the subsection (a) and (b) devices, and (c) lets employees of government and private organizations who must enter private property for their work use the subsection (c) animal repellents, the last two subject to the conditions in Section 41-12.6; none of them covers ordinary personal possession. A violation of Article 12 is punished under Section 41-12.9 by a fine not exceeding $1,000, imprisonment not exceeding one year, or both, and any license or permit held by the violator is revoked on conviction.

Section 41-12.4(d) then opens a single, narrow exemption from the Section 41-12.3 ban: "The prohibitions of Section 41-12.3 shall not apply to the possession, use, transportation, or other distribution of any pepper spray as defined under Section 41-27.1 in the city in a manner permitted under Chapter 41, Article 27." Article 27 has its own exceptions section, 41-27.2, but it runs the other way: it lifts Article 27's restrictions only for "persons authorized under Sections 41-12.4 and 41-12.7 to possess, use, sell, transport, or otherwise distribute chemical devices in the city; provided that the persons possess, use, sell, transport, or otherwise distribute the chemical devices while acting in their capacities as employees of the city, of private security agencies, and of other organizations, or as licensed vendors, all in accordance with Chapter 41, Article 12." A resident carrying a canister for personal self-defense is not within that proviso, so Article 27 applies to that person in full. So the only chemical spray a Honolulu resident may lawfully possess for personal self-defense is the specific product Section 41-27.1 defines: an aerosol container or other device designed to fit into a handbag or pants pocket, with a trigger-guard, flip top, or similar mechanism against accidental release, that emits oleoresin capsicum (OC) or a derivative, without chloroacetophenone (CN) or orthochlorobenzalmalononitrile (CS), using a nonflammable propellant. A CN or CS spray, and an OC product marketed as bear or dog repellent, remain unlawful to possess, use, transport, or sell in Honolulu regardless of who carries it or why, including a can bought on another island or on the mainland and brought into the city.

The Revised Ordinances of Honolulu (ROH) devote an entire article, Sections 41-27.1 through 41-27.9, to "Possession, Use, and Sale of Pepper Sprays for Self-Defense," and it is this article that governs the exempted product. Section 41-27.3 restricts it on four fronts: subsection (a) limits use to self-defense, defense of another person, or protection of property; subsection (b) requires a city license to sell or offer to sell pepper spray in Honolulu; subsection (c) bars selling, offering to sell, or furnishing it to a minor (defined as anyone under 18); and subsection (d) bars a minor from purchasing, possessing, or using it at all. Section 41-27.3(e) also bars selling it where liquor is consumed, and (f) bars altering a canister's manufacturer name. Section 41-27.9 sets the penalty for a violation of Article 27: a fine not exceeding $2,000, imprisonment not exceeding one year, or both, with a licensee's violation also risking suspension or revocation of the license, and each prohibited transaction counted as a separate violation.

Hawaii's electric gun framework: how it's structured

Hawaii does not treat a stun gun as an unregulated self-defense item the way most states do. HRS Section 134-81 defines "electric gun" as "any portable device that is designed to discharge electric energy, charge, voltage, or current into the body through direct contact or utilizing a projectile," expressly including "devices commonly referred to as stun guns and Tasers," but excluding an automatic external defibrillator used in emergency medical situations.

Using an electric gun is limited by Section 134-82(a) to self-defense, defense of another person, or protection of property; using one for any other purpose is unlawful. Selling, offering to sell, distributing, or otherwise transferring an electric gun or cartridge requires an annual license issued by the county where the seller does business, under Section 134-83. An applicant for that license must show no felony convictions and, within the prior three years, completion of a county-approved electric gun safety or training course covering safe handling, the device's effects and risks, and Hawaii's electric gun laws. Licensees and their employees must repeat that training at least once every three years, and a licensee must post the license where customers can see it (Section 134-84(a)-(c)). Selling or transferring an electric gun or cartridge to anyone under 21 is separately unlawful under Section 134-82(d), and violating any part of Section 134-82 is a misdemeanor under subsection (f).

The buyer's side of a sale carries its own rules. Before completing a sale, the licensee or an employee must run a criminal history background check on the recipient, a name-based search of Hawaii adult criminal conviction records, and have the recipient review the results and sign a statutory declaration that they are not disqualified from owning an electric gun; if the recipient is disqualified, refuses, or cannot sign, the licensee must terminate the transaction (Section 134-84(f)). The licensee must also give the recipient a safety and disposal briefing and a signed certification of it (Section 134-84(g)-(h)). And Section 134-82(e) puts a duty on the buyer directly: it is unlawful for anyone other than a licensee, a law enforcement agency, or the Army or Air National Guard to knowingly or recklessly purchase, obtain, or otherwise receive an electric gun or cartridge from a person who does not hold a Section 134-83 license, a misdemeanor under Section 134-82(f).

A person who is not a licensee may not simply sell or discard an electric gun; Section 134-85 requires transferring it to a licensee or to the police chief of the appropriate county, who may destroy it or use it for educational purposes and must keep disposition records.

Who is barred from owning or possessing an electric gun

HRS Section 134-86 sets out Hawaii's prohibited-persons list for electric guns, and the penalties differ sharply by category. Owning, possessing, or controlling an electric gun while a fugitive from justice, or while under indictment for, having waived indictment for, having been bound over for, or having been convicted in Hawaii or elsewhere of a felony, a crime of violence, or an illegal drug sale, is a class C felony under Section 134-86(a), (b), and (j). Several other categories carry a misdemeanor penalty instead: a person currently or previously under treatment or counseling for addiction to or dependence on a dangerous or harmful drug, intoxicating compound, or intoxicating liquor; a person acquitted of a crime on grounds of mental disease, disorder, or defect; a person diagnosed with a significant behavioral, emotional, or mental disorder; or a person under treatment for an organic brain syndrome, unless medically documented as no longer affected (subsection (c)); a person under 25 adjudicated by family court of a felony, two or more crimes of violence, or an illegal drug sale (subsection (d)); and anyone under 21 (subsection (e)).

Two further misdemeanor-level rules apply regardless of a person's history. Section 134-86(f) bars possessing an electric gun owned by someone else, "regardless of whether the owner has consented to possession," a provision stricter than a simple lawful-possession rule since it does not depend on the possessor's own eligibility. Section 134-86(g) bars a person subject to a protective or restraining order, including certain ex parte orders, from possessing, controlling, or transferring an electric gun for as long as the order is in effect, unless the order specifically permits it for good cause; a person subject to such an order must surrender any electric gun to the appropriate county police department for safekeeping. Anyone disqualified under Section 134-86 must surrender or dispose of an electric gun through the same channel Section 134-85 sets for a non-licensee: transfer to a licensee or to the police.

Carrying or using an electric gun during another crime

Two sections add a penalty on top of whatever crime a person is already committing. Section 134-89(a) makes it unlawful to knowingly carry on the person, have within immediate control, or intentionally use or threaten to use an electric gun while committing a separate misdemeanor (other than a misdemeanor defined elsewhere in Chapter 134); violating it is a class C felony under subsection (c). Section 134-90 is the same structure for a separate felony, and violating it is a class B felony under subsection (c). Both sections provide that the added conviction and sentence are "in addition to and not in lieu of" the sentence for the underlying misdemeanor or felony, and the two sentences may run concurrently or consecutively.

Minors and secure storage

Section 134-88 makes it a misdemeanor to store or keep an electric gun on premises a person controls if that person knows, or reasonably should know, a minor is likely to gain access to it, unless the electric gun is kept in a securely locked box or other container, in a location a reasonable person would believe secure, or carried on the person or close enough that the minor cannot gain access.

Exemptions for law enforcement and the National Guard

Section 134-87 exempts law enforcement agencies and officers acting within the course of employment, and the Army or Air National Guard when assisting civil authorities in disaster relief, emergency management, or law enforcement, from the general use restriction in Section 134-82 and from the felony-and-violent-crime-conviction bar in Section 134-86(b), provided the electric guns are acquired by and remain in the custody of the agency rather than an individual officer. Agencies authorizing use of electric guns must provide manufacturer-based training before deployment, maintain usage records, and report to the legislature on those records before each regular session.

Federal law: what it does and does not reach

No federal statute regulates a civilian's purchase or possession of pepper spray or a stun gun. Federal law matters in three places.

Federal buildings. Under 18 U.S.C. § 930(a), whoever knowingly possesses or causes to be present "a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility)" faces a fine, imprisonment of up to 1 year, or both. Subsection (e) sets up to 2 years for a federal court facility, and subsection (b) up to 5 years where the weapon is intended to be used in a crime. Section 930(g)(2) defines the term:

The term "dangerous weapon" means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2½ inches in length.

The definition names neither device. Whether a particular spray or stun gun is "readily capable of" causing serious bodily injury is a question of fact the statute does not answer. Subsection (d)(3) exempts "the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes," and subsection (h) requires notice of the ban to be posted at each public entrance. A "Federal facility" is "a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties."

Air travel. The Transportation Security Administration's screening rules, which are agency policy rather than statute, bar both devices from carry-on bags. One 4 fl. oz. (118 ml) container of mace or pepper spray is permitted in checked baggage if it has a safety mechanism to prevent accidental discharge, and sprays containing more than 2 percent by mass of tear gas (CS or CN) are prohibited in checked baggage. Tasers, stun guns and other electro-shock weapons may travel in checked baggage only if transported so the device cannot discharge accidentally. Airlines may set stricter rules.

National parks. National Park Service regulations prohibit possessing, carrying or using a "weapon" in a park area except as the regulations provide (36 CFR 2.4(b)(1)). 36 CFR 1.4 defines "weapon" to include an "irritant gas device" and any "weapon the possession of which is prohibited under the laws of the State in which the park area or portion thereof is located."

Disclaimer: This article provides general legal information about Hawaii's pepper spray and stun gun laws as of September 2026. It is not legal advice. Consult a lawyer licensed in Hawaii for advice about a specific situation.

For a state-by-state comparison, see pepper spray and stun gun laws by state. Hawaii's self-defense statutes are covered separately on the Hawaii self-defense laws page.

Statutes cited reflect their in-force version as of 2026-09-18. Last updated: 2026-09-18.