§134-51 Deadly weapons; prohibitions; penalty.
(a) Any person, not authorized by law, who carries
concealed upon the person's self or within any vehicle
used or occupied by the person or who is found armed
with any dirk, dagger, blackjack, slug shot, billy,
metal knuckles, pistol, or other deadly or dangerous
weapon shall be guilty of a misdemeanor and may be
immediately arrested without warrant by any sheriff,
police officer, or other officer or person. Any weapon,
above enumerated, upon conviction of the one carrying
or possessing it under this section, shall be summarily
destroyed by the chief of police or sheriff.
(b) Whoever knowingly possesses or intentionally uses or
threatens to use a deadly or dangerous weapon while
engaged in the commission of a crime shall be guilty of
a class C felony.
[L 1937, c 123, §1; RL 1945, §11114; RL 1955, §267-25;
HRS §727-25; ren L 1972, c 9, pt of §1; am L 1977, c 191, §2;
am L 1983, c 267, §1; gen ch 1985; am L 1989, c 211, §10;
am L 1990, c 195, §3 and c 281, §11; am L 1992, c 87, §4;
am L 1993, c 226, §1; am L 1999, c 285, §2]
§134-52 Switchblade knives; prohibitions; penalty.
(a) Whoever knowingly manufactures, sells, transfers,
possesses, or transports in the State any switchblade
knife, being any knife having a blade which opens
automatically (1) by hand pressure applied to a button
or other device in the handle of the knife, or
(2) by operation of inertia, gravity, or both, shall be
guilty of a misdemeanor.
(b) Whoever knowingly possesses or intentionally uses
or threatens to use a switchblade knife while engaged in
the commission of a crime shall be guilty of a class C felony.
[L 1959, c 225, §1; Supp, §264-9; HRS §769-1;
ren L 1972, c 9, pt of §1; am L 1990, c 195, §4]
[§134-53] Butterfly knives; prohibitions; penalty.
(a) Whoever knowingly manufactures, sells, transfers,
possesses, or transports in the State any butterfly knife,
being a knife having a blade encased in a split handle that
manually unfolds with hand or wrist action with the
assistance of inertia, gravity or both, shall be guilty of
a misdemeanor.
(b) Whoever knowingly possesses or intentionally uses or
threatens to use a butterfly knife while engaged in the
commission of a crime shall be guilty of a class C felony.
[L 1999, c 285, §1]
[§302A-1134.6] Zero tolerance policy.
(a) Any child who possesses, sells, or uses a dangerous
weapon or switchblade knife, while attending school or
while attending department-supervised activities held on
or off school property, may be excluded from attending
school for up to ninety-two school days, as determined
by the principal and approved by the superintendent or
other individuals designated pursuant to rules adopted
by the board...
(f) For purposes of this section:
(1) "Dangerous weapon" means a dirk, dagger, butterfly
knife, blackjack, slug shot, billy, metal knuckles, or
other instrument whose sole design and purpose is to
inflict bodily injury or death; provided that firearms
are excluded from this definition;
(3) "Switchblade knife" is as defined in section 134-52.
_____________________
1996 versions
Hawaii - Public Safety and Internal Security Section 134.51.
Carrying deadly weapons... Any person not authorized by
law, who carries concealed upon one's person or within any
vehicle... or who is found armed with any dirk, dagger...
or other deadly or dangerous weapon, shall be fined... or
imprisoned... Any weapon above enumerated, shall, upon
conviction... be summarily destroyed...
- 134-52. Whoever knowingly manufactures, sells, transfers,
possesses, or transports in the State any switchblade
knife, being a knife having a blade which opens
automatically (1) by hand pressure applied to a button or
other device in the handle of the knife, or (2) by
operation of inertia, gravity, or both, shall be fined not
more than $1,000 or imprisoned not more than one year, or
both...
Hawaii Case Law:
- "'Other deadly or dangerous weapon' is limited to
instruments whose sole design and purpose is to inflict
bodily injury or death... A 'diver's knife' is neither a
'dangerous weapon' nor a 'dagger'. 'Deadly and dangerous
weapon' is one designed primarily as a weapon or diverted
from normal use and prepared for combat... Cane,
butterfly, and kitchen knives are not deadly or dangerous
weapons... Sheathed sword cane and wooden knuckles with
shark's teeth were 'deadly or dangerous weapons..."
