2aHawaii
General Topics => Legal and Activism => Topic started by: monster796 on May 06, 2015, 11:25:05 AM
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Just as the title states, what is the punishment in Hawaii for carrying a pistols without a permit? Any references would be helpful. Any actual cases would be awesome as well. I hear stories a lot about locals packing regurdless of the laws and got me curious. I leave Oahu in a couple months (YAY), can't wait to leave this unconstitutional place :O
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It is a misdemeanor to carry a handgun in Hawaii without a carry permit. (Hi. Rev. Stat. Ann. § 134-51.) Penalties include a fine of up to $2,000, up to one year in jail, or both.
[PART III. DANGEROUS WEAPONS]
§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]
Case Notes
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 H. 514, 572 P.2d 1222.
Vehicle stop being proper, seizure of weapons in plain view was authorized. 58 H. 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, defendant’s conviction of the subsection (b) offense reversed. 88 H. 407, 967 P.2d 239.
"Billy" as used in this section refers to "policeman’s 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: 43 H. 347, 367; 10 H. App. 584, 880 P.2d 213.
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Try this one
[§134-23] Place to keep loaded firearms other than pistols and revolvers; penalty. (a) Except as provided in section 134-5, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:
(1) A place of repair;
(2) A target range;
(3) A licensed dealer's place of business;
(4) An organized, scheduled firearms show or exhibit;
(5) A place of formal hunter or firearm use training or instruction; or
(6) A police station.
"Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.
(b) Any person violating this section by carrying or possessing a loaded firearm other than a pistol or revolver shall be guilty of a class B felony. [L 2006, c 66, pt of §1]
Case Notes
Discussed: 911 F. Supp. 2d 972 (2012).
[§134-24] Place to keep unloaded firearms other than pistols and revolvers; penalty. (a) Except as provided in section 134-5, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:
(1) A place of repair;
(2) A target range;
(3) A licensed dealer's place of business;
(4) An organized, scheduled firearms show or exhibit;
(5) A place of formal hunter or firearm use training or instruction; or
(6) A police station.
"Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.
(b) Any person violating this section by carrying or possessing an unloaded firearm other than a pistol or revolver shall be guilty of a class C felony. [L 2006, c 66, pt of §1]
[§134-25] Place to keep pistol or revolver; penalty. (a) Except as provided in sections 134-5 and 134-9, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:
(1) A place of repair;
(2) A target range;
(3) A licensed dealer's place of business;
(4) An organized, scheduled firearms show or exhibit;
(5) A place of formal hunter or firearm use training or instruction; or
(6) A police station.
"Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.
(b) Any person violating this section by carrying or possessing a loaded or unloaded pistol or revolver shall be guilty of a class B felony. [L 2006, c 66, pt of §1]
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Thanks for the input! Yea that's what I thought 2ahawaii, but evidently some folks still carry with it being a felony and all, is it not true that even in a true self defense situation Hawaii will still bone a person? Has anything like that came up?
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Thanks for the input! Yea that's what I thought 2ahawaii, but evidently some folks still carry with it being a felony and all, is it not true that even in a true self defense situation Hawaii will still bone a person? Has anything like that came up?
Probably. We also don't promote any illegal actions. Most people consult an attorney for good/qualified legal advice.
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Thanks for the input! Yea that's what I thought 2ahawaii, but evidently some folks still carry with it being a felony and all, is it not true that even in a true self defense situation Hawaii will still bone a person? Has anything like that came up?
I have never heard such a thing but it wouldn't surprise me if someone somewhere did pack a pistol.
If you were carrying illegally and there came a case where you used it to save a life I am sure you would still be arrested and likely be charged because technically a crime did occur. Whether you would get off because of your good action is anyone's guess. I wouldn't want to be the test case.
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As an example, you are at a rally at the State Capitol and you see someone lunging at the governor with a knife, and you pull out and fire at the perp with your Glock that you're illegally carrying.
You would still be charged with the crime of illegally carrying - even though you saved the life of the governor.
It's unfortunate, but that's probably what would happen. It would be better to do nothing and allow the governor to be attacked than to be the test case. Exceptions if the gov is your friend or family member.
I have never heard such a thing but it wouldn't surprise me if someone somewhere did pack a pistol.
If you were carrying illegally and there came a case where you used it to save a life I am sure you would still be arrested and likely be charged because technically a crime did occur. Whether you would get off because of your good action is anyone's guess. I wouldn't want to be the test case.
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the legal ramifications are bad, but imagine the possible real life consequences of being caught with a gun.
This whole hypothetical is based off the idea that a police officer will arrest you peacefully. Since local police officers are probably not accustomed to seeing civilians carrying, what if they react to a civilan carrying by drawing, aiming, and possibly firing?
I know that I don't want to be the victim of a crime, and i know that i wouldn't want to be convicted of carrying illegally, but i definitely don't want to be shot by HPD for carrying illegally.
we can debate all we want about what a reasonable police officer would do and whether the reasonable police officer would handle the situation without it escalating too quickly. The problem is, not all police officers are reasonable, and even the reasonable police officer will occasionally act unreasonably. Sure it wouldn't be too bad if the worst you faced was an arrest, but at the far end of the spectrum you face possibly being killed by on or off duty law enforcement.
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LOL sorry Gov we ain't being paid to protect nor serve you!
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asinapple the worst case far end scenario to me is to watch a loved one be killed w/o acting to stop the killer first.
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asinapple the worst case far end scenario to me is to watch a loved one be killed w/o acting to stop the killer first.
i see your point and i understand where you are coming from. flipping that, what if your loved ones were witnesses to you being gunned down by law enforcement because you were illegally carrying? imagine how they would feel in that situation.
i'm not saying that carrying is bad, nor am i saying that the streets are completely safe. my earlier post tried to answer the topic question--the punishment for carrying illegally--to which my answer was, a possible punishment could be death.
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Can't believe I let myself get sucked into another hypothetical no win thread LOL
but
It is the b.s. "state law" in direct opposition to both national and state constitution to our right that is illegal. This state is one of the last trying to hold out but they will have to follow the constitution now that the fire has been lit. And my loved ones will rightfully hold the LEO accountable for their actions if while I was trying to protect them they shoot me not the real criminal. Look at the states with CHL, do the cops shoot the permit holders ever, not. They're usually not even around is why the permit holder had to take action! Anyways, enough with the stories, nobody here carries, it would be too easy to get pulled over for any number of things and blam nailed. So either stay at home or out as potential unarmed victims we remain until such time.
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How would the officer know you aren't undercover or something? I would think the carrier would be acting in self defense and not in aggression that is the key here? Drop your weapon or I'll Shoot! Is clearly not Give Me Your Money MFKR for example. Which one would you draw on?
In the case of the capitol above I think it would also be clear the carrier trying to protect the gov. (Knife!) (pow pow pow dependent on proximity of innocents, first action might be to shove the guy out of the way, etc.)
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the legal ramifications are bad, but imagine the possible real life consequences of being caught with a gun.
This whole hypothetical is based off the idea that a police officer will arrest you peacefully. Since local police officers are probably not accustomed to seeing civilians carrying, what if they react to a civilan carrying by drawing, aiming, and possibly firing?
Of course they will fire on you.
Not too long ago a police officer shot and killed a drunk driver in Waikiki.
His reasoning was "well, he could have killed someone with his car"
Did the drunk driver hit any pedestrians? No.
Did the drunk driver injure anyone else? No
Did the drunk driver hurt anyone? No
But the over reacting police officer was praised as a hero because he averted a possible crime that might have hypothetically occured .
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Of course they will fire on you.
Not too long ago a police officer shot and killed a drunk driver in Waikiki.
His reasoning was "well, he could have killed someone with his car"
Did the drunk driver hit any pedestrians? No.
Did the drunk driver injure anyone else? No
Did the drunk driver hurt anyone? No
But the over reacting police officer was praised as a hero because he averted a possible crime that might have hypothetically occured .
I think you are jumping to conclusions here. A cop seeing a gun is not going to mean the cops is just going to shoot you. Cops can carry off duty and they know that, if they just shot anyone they saw with a holstered firearm they might be shooting their own coworker. You don't want to make any sudden movements but they aren't going to just shoot at the sight or a gun.
That is also a gross mischaracterization of the event in Waikiki.
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Probably. We also don't promote any illegal actions. Most people consult an attorney for good/qualified legal advice.
no one here does anything illegal...
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There are even more fed Leo's then one would think doing many undercover operations sometimes without hpd knowledge. There is a pucker factor, I would assume, but if I were a ccw holder and uniformed officers came with weapons drawn on everyone they are now in control of the scene so I'd obey their commands.
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[§134-23] Place to keep loaded firearms other than pistols and revolvers; penalty. (a) Except as provided in section 134-5, all firearms shall be confined to the possessor's place of business, residence, or sojourn; provided that it shall be lawful to carry unloaded firearms in an enclosed container from the place of purchase to the purchaser's place of business, residence, or sojourn, or between these places upon change of place of business, residence, or sojourn, or between these places and the following:
(1) A place of repair;
(2) A target range;
(3) A licensed dealer's place of business;
(4) An organized, scheduled firearms show or exhibit;
(5) A place of formal hunter or firearm use training or instruction; or
(6) A police station.
"Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.
(b) Any person violating this section by carrying or possessing a loaded firearm other than a pistol or revolver shall be guilty of a class B felony. [L 2006, c 66, pt of §1]
Case Notes
Discussed: 911 F. Supp. 2d 972 (2012).
Slightly off topic, what if a person who owned firearms encountered some tough times, became homeless and sold all but one pistol. I wonder if they could sue the state for the "place to keep" part?
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Slightly off topic, what if a person who owned firearms encountered some tough times, became homeless and sold all but one pistol. I wonder if they could sue the state for the "place to keep" part?
Hypothetically, if the homeless are state residents and allowed to vote, they should also be allowed to apply to own a firearm. The question in my mind is, how does a homeless person keep a gun from being stolen? To carry it on their person would require a CCW permit.
That's a classic Catch 22.
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Slightly off topic, what if a person who owned firearms encountered some tough times, became homeless and sold all but one pistol. I wonder if they could sue the state for the "place to keep" part?
i guess the question is, "is a tent on the kapalama canal a place of sojourn?"
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i guess the question is, "is a tent on the kapalama canal a place of sojourn?"
Lots of courts have held that someone living in a cardboard box on the street has an expectation of privacy. They are protected against illegal searches and seizure by the Constitution in spite of the apparently open and publicly accessible location they might keep their stuff. A "home" doesn't require four permanent walls and a ceiling to qualify as a residence.
Of course, in the minds of Democrat lawmakers and judges, voting rights, free speech, and the right to privacy are important, whereas the right to bear arms is out-of-date and has no place in today's "modern, enlightened, and civilized" country!
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There are even more fed Leo's then one would think doing many undercover operations sometimes without hpd knowledge. There is a pucker factor, I would assume, but if I were a ccw holder and uniformed officers came with weapons drawn on everyone they are now in control of the scene so I'd obey their commands.
This is true. A plain clothes or under cover or off duty officer is always going to have to obey the uniformed officer because if they don't and make a movement the uniformed guy will be within his rights for self defense shooting.
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A CHL holder defended himself against a charging attacker at point blank range. Got him in the stomach and the perps fled. After that the victim placed his firearm on the counter to wait for the cops. That is how not to get shot vs. recently another one who feared for his life during a break in and retreated armed, into a closet and dialed 911. He didn't surrender his firearm when requested by the cops who then shot him dead, thinking he was the criminal. fwiw in both cases the victims are black so race not a factor.
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DISCLAIMER: I get all my facts about stuff like this from TV cop shows, so keep that in mind.
That being said, i was watching a cop show where they put a bunch of regular patrol officers in plainclothes to catch a guy that planned on killing cops. Before they hit the street, they got briefed a "color of the day." If they got into a situation where they were challenged by another cop, they were supposed to display the color of the day. It's not perfect, but it would hopefully lower the tensions so they could then sort it out without anything unfortunate happening.
That obviously wouldn't help a concealed carry permit holder (or well-meaning citizen carrying without a permit), though. In any case, I'd recommend NOT having the gun in your hands when the police show up. If I were sure the threat was over, I'd clear it and place it in plain sight, and also keep my hands in plain sight. If I thought I might still need it, I'd reholster, but still keep my hands in plain sight and immediately tell the responding officers that I was armed. Either way, if you're carrying without a permit, I think you're still screwed... You may be able to reduce your chances of getting shot, but I'd bet you're still headed to jail.
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Lots of courts have held that someone living in a cardboard box on the street has an expectation of privacy. They are protected against illegal searches and seizure by the Constitution in spite of the apparently open and publicly accessible location they might keep their stuff. A "home" doesn't require four permanent walls and a ceiling to qualify as a residence.
Of course, in the minds of Democrat lawmakers and judges, voting rights, free speech, and the right to privacy are important, whereas the right to bear arms is out-of-date and has no place in today's "modern, enlightened, and civilized" country!
This is only partially true. The Federal Circuits and the state courts are all split on this issue. The US Supreme Court hasn't granted cert on the issue yet.
The 9th Circuit has touched on the issue in Lavan v. City of Los Angeles, 693 F.3d 1022 (9th Cir. 2012). They did somewhat agree with your assessment, but they also limited the scope of their holding. The way that I read the case, the court left open the possibility that the homeless do not have the full protection that would be allowed under the Fourth; typically the Fourth protects a reasonable expectation of privacy within the home and on the surrounding curtilage.
A case worth looking at is California v. Carney, 471 U.S. 386 (1985), where the US Supreme Court decided that a Recreational Vehicle, which acted as the defendant's home, was not protected like a home under the Fourth. Although this is a SCOTUS decision, states are free to choose not to follow SCOTUS so long as their decisions are based on an independent and adequate state ground, which many states have done.
It's important to note that the Hawaii S.Ct. has generally been more protective of privacy rights than SCOTUS. Also, I'd argue that Carney is probably the closest you'll get to a SCOTUS decision on the matter of transient homes.
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This is only partially true. The Federal Circuits and the state courts are all split on this issue. The US Supreme Court hasn't granted cert on the issue yet.
The 9th Circuit has touched on the issue in Lavan v. City of Los Angeles, 693 F.3d 1022 (9th Cir. 2012). They did somewhat agree with your assessment, but they also limited the scope of their holding. The way that I read the case, the court left open the possibility that the homeless do not have the full protection that would be allowed under the Fourth; typically the Fourth protects a reasonable expectation of privacy within the home and on the surrounding curtilage.
A case worth looking at is California v. Carney, 471 U.S. 386 (1985), where the US Supreme Court decided that a Recreational Vehicle, which acted as the defendant's home, was not protected like a home under the Fourth. Although this is a SCOTUS decision, states are free to choose not to follow SCOTUS so long as their decisions are based on an independent and adequate state ground, which many states have done.
It's important to note that the Hawaii S.Ct. has generally been more protective of privacy rights than SCOTUS. Also, I'd argue that Carney is probably the closest you'll get to a SCOTUS decision on the matter of transient homes.
If we examine what they have done with removing homeless encampments that might give us an idea what would fly. I have seen a homeless person's camp removed by the city workers and they box/bin up everything into the automated trash bins which they put into a truck to store. They would essentially be conducting a search as taking down tent would inevitably lead to some of it's contents being discovered. If they found something illegal they would call the cops. I don't know whether it has actually occurred or been challenged but the situation might hint at which way we could expect it to go if a homeless individual housed his gun in a tent.
I think another example to ponder would be in a legal camping situation where someone got the camping permit and took a gun with them. Park rules might mention weapons but that would be a separate issue.
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I think another example to ponder would be in a legal camping situation where someone got the camping permit and took a gun with them. Park rules might mention weapons but that would be a separate issue.
I think the law is pretty black and white on this issue. If it doesn't fall within one of the enumerated exceptions of places to keep a firearm, it would be illegal to have that firearm. I think the only situation where one could camp and carry would be for the purpose of licensed hunting, within designated firearm-hunting areas. HRS 134-5
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I think the law is pretty black and white on this issue. If it doesn't fall within one of the enumerated exceptions of places to keep a firearm, it would be illegal to have that firearm. I think the only situation where one could camp and carry would be for the purpose of licensed hunting, within designated firearm-hunting areas. HRS 134-5
Would not the tent be a place of sojourn?
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Would not the tent be a place of sojourn?
The tent (while camping) should be covered as a place of sojourn but hey, I am no lawyer.
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From what I remember, camping grounds are not considered a place of Sojourn in Hawaii, due to most, if not all, sites being located on county and/or state land.
What about a hotel room?
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What about a hotel room?
I am pretty sure that is covered otherwise it would be very difficult for a visitor to hunt here.
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As far as I know, hotel room is illegal.
Keep in mind, IN THE HOTEL ROOM does not include on the balcony.
Do you mean legal?
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Of course, I am not a lawyer, but for what it's worth: you can think of Hawaii's carry laws like self defense. It's illegal to shoot and kill someone-- if you do so, you have committed a crime. Now, you can claim self defense and the court may agree that in your particular case, no punishment is warranted due to the circumstances of your case. In the same way, the great Communist Republic of Hawaii has decreed that having a gun outside the four walls of your house is illegal and if you have one outside those limits, you are committing a crime. You can claim one of the exempted practices such as transporting firearms to the range or gun store, and a court/cop may agree that in your case no punishment is warranted, but that's an awfully thin thread. Attempting to use that thin thread to sidestep the law and carry without permit is almost certainly going to wind up with you in jail. God I hate it here, but it is what it is.
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Only legal gun owners need a permit to carry while the criminals are doing it now
http://www.staradvertiser.com/newspremium/20150526_Man_held_in_federal_custody_after_police_find_gun_drugs.html?id=304972651 (http://www.staradvertiser.com/newspremium/20150526_Man_held_in_federal_custody_after_police_find_gun_drugs.html?id=304972651) :wtf:
excerpt from story:
The ATF said when the officers caught up with Paulus and the other man, they recognized Paulus as a member of the Ride or Die gang and a person of interest in numerous weapons calls in the Waianae area. Paulus told the officers he did not have a firearm and invited them to search him.
The officers searched Paulus and found a .25-caliber handgun in a gun holster clipped to his shorts. They also found bags containing methamphetamine and cocaine. The officers recovered a .45-caliber handgun from the other man.
Police arrested Paulus for contempt in connection with a $500 criminal warrant, possessing an unregistered firearm, carrying a firearm without a permit and possessing dangerous drugs. They arrested the other man for possessing an unregistered firearm and carrying a firearm and ammunition without a permit.
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the legal ramifications are bad, but imagine the possible real life consequences of being caught with a gun.
This whole hypothetical is based off the idea that a police officer will arrest you peacefully. Since local police officers are probably not accustomed to seeing civilians carrying, what if they react to a civilan carrying by drawing, aiming, and possibly firing?
I know that I don't want to be the victim of a crime, and i know that i wouldn't want to be convicted of carrying illegally, but i definitely don't want to be shot by HPD for carrying illegally.
we can debate all we want about what a reasonable police officer would do and whether the reasonable police officer would handle the situation without it escalating too quickly. The problem is, not all police officers are reasonable, and even the reasonable police officer will occasionally act unreasonably. Sure it wouldn't be too bad if the worst you faced was an arrest, but at the far end of the spectrum you face possibly being killed by on or off duty law enforcement.
During the time preceding APEC I was involved with some of the planning. One question from the Feds (FBI, DSS, SS, ETC.) and the answer from the HPD representative caught my attention. We were discussing an active shooter scenario and the Fed asked about armed citizens and tips to identify them should they try to intervene in such a situation. The response from HPD? Essentially it was "if they got a gun and aren't LE, shoot 'em, cause we don't allow folks to carry here...."
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During the time preceding APEC I was involved with some of the planning. One question from the Feds (FBI, DSS, SS, ETC.) and the answer from the HPD representative caught my attention. We were discussing an active shooter scenario and the Fed asked about armed citizens and tips to identify them should they try to intervene in such a situation. The response from HPD? Essentially it was "if they got a gun and aren't LE, shoot 'em, cause we don't allow folks to carry here...."
WHOA! So you're saying that my "worst case scenario" is actually somewhat probable? That's scary
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That is the mentality that gives HPD a bad name. How does one distinguish an off duty HPD officer, a plain clothes HPD officer, an on/or off duty Feds and a regular civilian with a firearm letting the lead fly in public? Or would it be safe or safer, to constantly wear shirts with those big 3 or 4 letter federal agencies generic shirt? Or maybe it would be safer to just wear button up aloha shirts as most of the plain clothes officers I know on Maui use those.
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That is the mentality that gives HPD a bad name. How does one distinguish an off duty HPD officer, a plain clothes HPD officer, an on/or off duty Feds and a regular civilian with a firearm letting the lead fly in public? Or would it be safe or safer, to constantly wear shirts with those big 3 or 4 letter federal agencies generic shirt? Or maybe it would be safer to just wear button up aloha shirts as most of the plain clothes officers I know on Maui use those.
Probably more of a decision from the top than the guys doing all the work on the streets. The guys on the streets are going to know there are various agencies as well as under cover HPD in the islands. But if cops respond to a scene they are going to prone everyone with a weapon out and figure out later whether someone is a fellow law enforcement agent.