Hawaii Suppressor Laws in 2026: Banned, With a Mandatory Prison Term
Hawaii bans suppressors, and ATF's October 9, 2026 decision to stop enforcing NFA registration doesn't touch that. Section 134-8 of the Hawaii Revised Statutes prohibits the "manufacture, possession, sale, barter, trade, gift, transfer, or acquisition" of "mufflers, silencers, or devices for deadening or muffling the sound of discharged firearms." A violation is a class C felony, and the statute says the person "shall be imprisoned for a term of five years without probation." We found no exception for a federally registered owner. ATF's registry shows 516 suppressors in Hawaii, which the American Suppressor Association says are almost entirely law enforcement, government and dealer inventory. We found no pending lawsuit or bill to repeal the ban as of October 26, 2026.
The short answer
- Suppressors are illegal in Hawaii. HRS 134-8(a) prohibits "mufflers, silencers, or devices for deadening or muffling the sound of discharged firearms," along with automatic firearms, short-barreled rifles and shotguns, cannons and explosives.
- The penalty is a felony with a mandatory prison term. Section 134-8(d): "a class C felony and shall be imprisoned for a term of five years without probation."
- No federal-registration exception appears in the section. Subsections (a) through (e) contain none. The only affirmative defense, in (e), is for ghost guns.
- ATF's October 9 change doesn't help. It concerns federal NFA enforcement. A licensed dealer still can't sell where possession would violate state law (18 U.S.C. 922(b)(2)).
- No lawsuit or bill found. We found no pending lawsuit or bill to repeal or loosen the silencer ban as of October 26, 2026.
What HRS 134-8 says
The section is headed "Ownership, etc., of automatic firearms, silencers, etc., prohibited; penalties." Subsection (a) reads in part: "The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following shall be prohibited: assault pistols, except as provided by section 134-4(e); automatic firearms; rifles with barrel lengths less than sixteen inches; ghost guns; shotguns with barrel lengths less than eighteen inches; cannons; mufflers, silencers, or devices for deadening or muffling the sound of discharged firearms; hand grenades, dynamite, blasting caps, bombs, or bombshells, or other explosives ..."
- It reaches far beyond owning. Making, selling, trading, giving and acquiring are all prohibited, so building a can or taking one as a gift is covered.
- It covers devices, not just finished cans. The text says "devices for deadening or muffling the sound of discharged firearms." We didn't research how Hawaii treats parts or kits, so don't assume a solvent-trap kit or baffle stack is outside it.
- The penalty. Subsection (d): "Any person violating subsection (a) or (b) shall be guilty of a class C felony and shall be imprisoned for a term of five years without probation." The legislature's annotation for the section lists a Hawaii Supreme Court holding that the "Trial court is mandated to sentence defendant to a term of imprisonment without any suspension of the sentence" (69 H. 458, 746 P.2d 976 (1987)).
- Recent history. The section's history line ends with "am L 2025, c 18, ยง3," so it was amended in 2025.
Why ATF's October 9 decision doesn't change this
ATF's October 9 open letter stops enforcement of federal NFA approval and registration for suppressors, SBRs, SBSs and AOWs. ATF's own FAQ says state laws still apply. Federal law adds a second barrier for dealers. 18 U.S.C. 922(b)(2) makes it unlawful for a licensee to sell or deliver "any firearm to any person in any State where the purchase or possession by such person of such firearm would be in violation of any State law," unless the licensee has reason to believe it would not be. Hawaii wasn't one of the 15 plaintiff states in Silencer Shop Foundation v. ATF; see our case explainer and the NFA lawsuit tracker. We found no Hawaii Attorney General statement about suppressors after October 9.
Lawsuits and bills
We searched the Hawaii Legislature's 2025 and 2026 session documents and court news. We found no lawsuit challenging HRS 134-8's silencer ban and no bill to repeal or loosen it. The bills we saw that amend section 134-8 deal with other items. Senate Bill 401, for example, adds definitions such as ".50 caliber firearm" and "assault rifle" (see the conference draft), and it mentions silencers only in lists of firearm features. We did not confirm that bill's final outcome. So: we found no pending lawsuit/bill as of Oct 26, 2026 aimed at the silencer ban. That's the result of our searches, not a guarantee, so check the Legislature's site before you act.
Challenges to other states' bans are moving, including New Jersey's Padua v. Platkin and Illinois's Anderson v. Raoul. They don't bind Hawaii.
Short-barreled guns
The same subsection prohibits "rifles with barrel lengths less than sixteen inches" and "shotguns with barrel lengths less than eighteen inches," with the same class C felony penalty. See our SBR state table.
Hunting
Hunting with a suppressor is moot for residents and visitors alike, because possessing one is already a felony. We did not read the Department of Land and Natural Resources hunting rules.
Bottom line for Hawaii residents
Don't buy, build, accept or bring a suppressor into Hawaii. Section 134-8 has no registration path for private citizens, and the sentence is mandatory prison. Shipping one to the islands is not a workaround, because the statute also prohibits transfer and acquisition. For comparison, see the other ban states California and New York, read the national buying guide for the federal steps, or check the 2026 State Gun Law Scorecard. Hawaii's pistol magazine limit is also tight; see our magazine capacity table.
Frequently asked questions
Are suppressors legal in Hawaii in 2026?
Does ATF's October 2026 change make suppressors legal in Hawaii?
What is the penalty for a suppressor in Hawaii?
Can I own a registered suppressor in Hawaii?
Is there a lawsuit against Hawaii's suppressor ban?
Sources
- HRS 134-8, Ownership, etc., of automatic firearms, silencers, etc., prohibited; penalties, Hawaii State Legislature
- Hawaii SB 401 (conference draft), Hawaii State Legislature (PDF)
- 18 U.S.C. 922(b)(2), Cornell LII
- ATF Open Letter, Oct. 9, 2026 (PDF)
- ATF: Update to NFA Transfer Guidance and FAQ
Supplementary sources
News reports, advocacy groups, dealer practice and unofficial copies. They add context or report statements; the primary sources above control.
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