Over the past four years since Hawaii classified the manufacturing or possession of unserialized firearm components as a felony, the amount of ghost guns recovered by police has surged significantly. Honolulu police reported 68 ghost gun cases in the first ten months of 2024, reflecting a nearly 120% rise from the same timeframe in the preceding year, as per statistics shared with legislators in February.
Despite this alarming increase, not a single individual in Honolulu has faced charges for owning these undetectable firearms, which threaten to disrupt the state’s stringent gun laws and normally low rates of gun violence. Prosecutors have opted for alternative firearm-related charges against those found with ghost guns, arguing that the current legislation—meant to prevent the black market creation and acquisition of weapons—fails because it doesn’t cover already assembled firearms and demands proof of someone’s intent to build an unregistered gun.
Interestingly, on neighboring islands, prosecutors have successfully leveraged the law to tackle ghost gun issues and consider it a crucial tool. In Hawaii and Maui counties alone, over 50 people have been charged since the statute’s introduction in 2020.
The absence of prosecutions in Hawaii’s most populous county surprised legislators who drafted the 2020 law targeting ghost guns, aiming to fill regulatory gaps concerning untraceable weapons. Senator Chris Lee, one of the bill’s supporters, mentioned how the situation spawns numerous concerns about the differences between Honolulu and other islands in implementing the law.
The enforcement differences spotlight both the existing law’s shortcomings and the obstacles that law enforcement and prosecutors encounter in containing the spread of unserialized firearms. More action is necessary, according to agreement among police and prosecutors. “This ghost gun thing,” stated HPD Lieutenant Ernest Robello in a legislative hearing, “is just out of control.”
**Varied Legal Interpretations**
In a notable incident on Christmas Day 2022, police responded to a call describing someone brandishing a weapon while driving away in a damaged silver Mercedes-Benz. Upon locating and searching driver John Cristopher Caicedo, officers discovered an unserialized P80 semi-automatic handgun in his pants, along with two bullets. Without firearms registered in his name, Caicedo was arrested on multiple charges, including possessing unserialized firearm components and unauthorized carrying of a firearm and ammunition. Yet, he wasn’t prosecuted for possessing a ghost gun due to the firearm being non-functional.
Hawaii is among a handful of states that restrict ghost guns. Lawmakers aimed to address the surge in people acquiring parts that could rapidly be assembled into functional firearms. The 2020 legislation enforced a class C felony for manufacturing, obtaining, or purchasing firearm parts with the intent to build an untraceable weapon.
However, in Honolulu, this approach has seen little success. Between early 2021 and January 2025, police arrested 33 people for possessing unserialized gun components. In each case, prosecutors chose not to charge them under the ghost gun statute, per arrest records and court data. During the same period, however, Hawaii County prosecutors charged 42 individuals for possessing these components, with Maui County prosecuting 17.
The variation arises from different interpretations of the law by prosecutors across counties. Initially, the law focused on preventing the assembly of ghost guns. In practice, however, Honolulu prosecutors have argued they cannot pursue charges against individuals possessing fully assembled firearms without serial numbers. Prosecutors need to conclusively prove intent to construct an illicit firearm, a challenging threshold an accused can easily contest.
Conversely, Maui’s legal approach involves broader enforcement. When apprehending someone with a ghost gun or its parts, authorities likely file charges as per the ghost gun statute, regardless of assembly status, noted Maui Deputy Prosecuting Attorney Ronson Ibarra.
**Effective Prosecutions in Maui**
Ibarra acknowledged other counties’ interpretations but maintained that his office proceeds with prosecuting individuals caught with fully assembled ghost guns. An illustrative case involved Chaz Yamashita, who pleaded guilty to various charges, including possessing unserialized firearm receivers to craft untraceable weapons. This case underscores the law’s effectiveness, he argued.
Yamashita consequently surrendered a considerable cache of firearms and ammunition. Ibarra sees ghost gun charges offering alternatives when prosecuting unlicensed firearm carrying or possession by felons, particularly if the firearms are faulty, and utilizing this charge could aid in plea negotiations. He believes it serves as a deterrent, dissuading the possession or creation of ghost guns, though he sees room for legislative improvements.
**Non-Stand-Alone Cases in Honolulu**
Although Honolulu police acknowledge prosecutors often avoid utilizing the ghost gun charge, that doesn’t deter officers from adding it during arrests alongside other infractions. Acting Major Andre Peters emphasized that even when prosecutors drop this charge, other charges typically remain, ensuring proper legal action.
Data reveal a significant number of arrestees avoid any gun charges in state or federal courts—around 40% of those arrested for ghost guns alongside other felonies saw no firearm-related charges filed. Honolulu prosecutors didn’t comment on specifics.
An apparent disconnect exists between police and prosecutors regarding the law’s applicability. Police persist in making arrests even when the circumstances align with charges that prosecutors won’t pursue. “We tack it on anyway,” explained Peters, preferring to provide prosecutors more options rather than limit enforcement.
**Efforts to Augment the Law**
This year, Honolulu law enforcement seeks dual legislative updates to empower charging individuals solely for ghost gun possession. Senate Bill 363, supported by law enforcement, proposes updates to existing gun regulation laws and would label violators carrying gun parts as committing a class B felony. Meanwhile, House Bill 392, put forth by the Honolulu Prosecutor’s Office, strives to close legal gaps by outlawing ghost gun possession for those lacking proper licenses.
These developments garner backing from several agencies. Senator Karl Rhoads, involved in crafting the original law and overseeing legal committee evaluations of these bills, asserted both proposals would enhance Hawaii’s fight against ghost guns. Enacting stringent possession laws would position Hawaii alongside states like California, where unserialized gun possession recently became illegal.
Nationally, measuring ghost gun law effectiveness is challenging, with enforcement varying considerably between jurisdictions. As such weapons become more accessible, Hawaiian law enforcement advocates for stronger legal measures to address the issue.
Conclusively, as ghost guns remain a troubling concern, Maui Police Captain Nelson Hamilton highlighted discrepancies in law enforcement: “You can’t order cigars online, but getting gun parts or almost completed guns — there’s something wrong with that,” he noted, advocating for stringent state intervention to curb gun part distribution.
