Haw. Rev. Stat. § 134-51

Current through the 2024 Legislative Session

Section 134-51 - Deadly or dangerous weapons; prohibitions; penalty

(a) Any person, not authorized by law, who knowingly carries 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 shall be guilty of a misdemeanor ; provided that this subsection shall not apply to a billy.

(b) Any person who knowingly possesses or intentionally uses or threatens to use a dirk, dagger, blackjack, metal knuckles, or other deadly or dangerous weapon, or a billy, while engaged in the commission of a separate felony or misdemeanor shall be guilty of a class C felony.

(c) A conviction and sentence under subsection (b) shall be in addition to and not in lieu of any conviction and sentence for the separate felony or misdemeanor; provided that the sentence imposed under subsection (b) may run concurrently or consecutively with the sentence for the separate felony or misdemeanor.

(d) Upon conviction of a person for carrying or possessing a deadly or dangerous weapon pursuant to this section, the deadly or dangerous weapon shall be summarily destroyed by the chief of police or sheriff.

(e) Notwithstanding any provision to the contrary, this section shall not apply to:

(1) A firearm, whether loaded or not, and whether operable or not;

(2) A switchblade knife as defined in section 134-52;

(3) A butterfly knife as defined in section 134-53; or

(4) An electric gun as defined in section 134-81.

(f) For purposes of this section, "billy" includes a cudgel, truncheon, police baton, collapsible baton, billy club, or nightstick.

(g) It shall be a defense to a prosecution under subsection (a) that a person was lawfully present in the person's own home at the time of the offense.

HRS § 134-51

Amended by L 2024, c 21,§ 4, eff. 5/13/2024.

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

Rules of Court

Arrest without warrant, see HRPP rule 5(a).

Probable cause for violation of section when police officer saw gun in vehicle stopped for speeding. 430 F.2d 58. License to carry weapon as justification. 10 H. 585. Weapons discovered in automobile lawfully stopped for traffic offense; legality of search and seizure considered. 50 H. 461, 443 P.2d 149. Mentioned in connection with arrest without warrant after seeing pistol in automobile. 52 H. 497, 479 P.2d 800. "Other deadly or dangerous weapon" is limited to instruments whose sole design and purpose is to inflict bodily injury or death. 55 H. 531, 523 P.2d 299. 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. 56 H. 374, 537 P.2d 14. Cane, butterfly and kitchen knives are not deadly or dangerous weapons. 56 H. 642, 547 P.2d 587. Sheathed sword-cane and wooden knuckles with shark's teeth were "deadly or dangerous weapons". 58 H. 514, 572 P.2d 1222. Statute does not require that weapons be "concealed" within the vehicle.58 Haw. 514,572 P.2d 1222. Vehicle stop being proper, seizure of weapons in plain view was authorized.58 Haw. 514,572 P.2d 1222. Shotgun is a deadly or dangerous weapon. 61 H. 135, 597 P.2d 210. A .22 caliber rifle is a "deadly or dangerous weapon." 63 H. 147, 621 P.2d 384. Nunchaku sticks are not per se deadly or dangerous weapons. 64 H. 485, 643 P.2d 546. The crime underlying a subsection (b) offense is, as a matter of law, an included offense of the subsection (b) offense, within the meaning of § 701-109(4)(a), and defendant should not have been convicted of both the subsection (b) offense and the underlying second degree murder offense; thus, defendants conviction of the subsection (b) offense reversed. 88 H. 407, 967 P.2d 239. "Billy" as used in this section refers to "policemans club" or "truncheon"; a club-like implement designed for purpose of striking or killing fish is not a "billy"; section extends only to weapons deadly or dangerous to people. 10 H. App. 404, 876 P.2d 1348. Cited: 10 H. App. 584, 880 P.2d 213.

Sheriff, etc., see § 26-14.6 .