2aHawaii
Tools and Uses => Firearms and Accessories => Topic started by: tommynauw on August 18, 2021, 02:07:15 PM
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Howdy. Does anyone know what the violation is for getting busted with an OTF knife? Felony? Misdemeanor?
Cheers.
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Howdy. Does anyone know what the violation is for getting busted with an OTF knife? Felony? Misdemeanor?
Cheers.
I believe misdemeanor if police find it in your house.
Felony if on your person while out and about.
(I know sheriffs arrest people with switchblades.)
Get a zero tolerance knife or flipper with a torsion bar, i.e. certain kershaws, not a spring.
Perfectly legal. Sechawaii sells it to the public.
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The law is broad, and there are very few restrictions on knives you can carry.
The other post is close, but not accurate. It's a misdemeanor to carry any dangerous or deadly weapon. It's a felony to have or use one in the commission of a crime. You can't have it in your car, but you can have it in your house.
Rule of thumb: If the knife has a common use, such as diving, filleting, opening boxes, etc., then it's likely okay. But, if its sole design and purpose is to inflict bodily injury or death, it's considered a "deadly or dangerous weapon".
§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]
https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0051.htm
It should also be noted that the definition of “other deadly or dangerous weapon” is limited to
instruments whose sole design and purpose are to inflict bodily injury or death. One of the
most instrumental court decisions on this point comes from State v. Giltner, a 1975 case decided
by the Supreme Court of Hawaii that found that a diving knife with a blade that was six and
one-half inches long was not a deadly weapon.
https://mdcreekmore.com/hawaii-knife-laws/
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Sweet thanks for the info. Now when someone searches "OTF" they'll find this.
A 6.5" dive knife is not a deadly weapon. Only in law can that make sense.
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§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]
Case Notes
A butterfly knife is not a switchblade knife. 73 H. 89, 828 P.2d 272.
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§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]
Case Notes
A butterfly knife is not a switchblade knife. 73 H. 89, 828 P.2d 272.
Sorry, i shouldve mentioned that when i see sheriffs arrest people with switchblades, its cause its on federal property. Not state/ city and county.
§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.