Would this knife be legal in Hawaii? (Read 5438 times)

causa mortis

Would this knife be legal in Hawaii?
« on: May 23, 2014, 01:03:05 PM »


So, I reread HRS § 134-51, HRS § 134-52, and HRS § 134-53, and from the text in the statues, it doesn't seem like this would be illegal. Anyone agree/disagree?

mauidog

Re: Would this knife be legal in Hawaii?
« Reply #1 on: May 23, 2014, 01:12:15 PM »


So, I reread HRS § 134-51, HRS § 134-52, and HRS § 134-53, and from the text in the statues, it doesn't seem like this would be illegal. Anyone agree/disagree?

It's a knife that shoots compressed air.  Falls under airsoft weapons  ....     :rofl:    :rofl:
An unarmed man can only flee from evil, and evil is not overcome by fleeing from it.   -- Jeff Cooper

Q

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« Reply #2 on: May 23, 2014, 01:18:07 PM »
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« Last Edit: December 15, 2016, 04:40:52 PM by Q »

Surf

Re: Would this knife be legal in Hawaii?
« Reply #3 on: May 23, 2014, 05:52:16 PM »
From the manufacturer website the WASP knife is listed as to be used for diving, hunting and tactical uses.  Direct quote "It is silent when used and deadly to our enemies. No need to take a chance that the enemy can come back to attack you."  This comment alone could be the nail.

We also need to remember that HRS § 134-51 does explain that the manner in which the object is used can be a determining factor.  So just because its intended purposes may have been as a "dive knife", ultimately if we use the knife for things other than diving and it can potentially fall under this section. 

mauidog

Re: Would this knife be legal in Hawaii?
« Reply #4 on: May 23, 2014, 06:02:57 PM »
From the manufacturer website the WASP knife is listed as to be used for diving, hunting and tactical uses.  Direct quote "It is silent when used and deadly to our enemies. No need to take a chance that the enemy can come back to attack you."  This comment alone could be the nail.

We also need to remember that HRS § 134-51 does explain that the manner in which the object is used can be a determining factor.  So just because its intended purposes may have been as a "dive knife", ultimately if we use the knife for things other than diving and it can potentially fall under this section.

Until you actually prove intent to use a knife in a manner not intended by design, it's legal to carry.  So yes, this would be legal.

If you do use it in a manner other than the way it was intended, the charges for assault, murder, and so on should concern you more than carrying an illegal (formerly legal until you misused it) knife.
An unarmed man can only flee from evil, and evil is not overcome by fleeing from it.   -- Jeff Cooper

Surf

Re: Would this knife be legal in Hawaii?
« Reply #5 on: May 23, 2014, 06:44:49 PM »
Until you actually prove intent to use a knife in a manner not intended by design, it's legal to carry.  So yes, this would be legal.

If you do use it in a manner other than the way it was intended, the charges for assault, murder, and so on should concern you more than carrying an illegal (formerly legal until you misused it) knife.
I am simply saying that the manufacturer clearly outlines that this knife as having a purpose for tactical situations such as LE / SWAT, military Special Operations etc, so one would need to be aware how that can be interpreted.  If you were using the knife out on a dive boat, or carrying through the woods while hunting that may be one thing.  Other situations and it might not work out well.  One might also need to consider that an additional charge of a "dangerous weapon" class C felony may be added to any initial criminal charge.  Of course murder is murder, but there might be other situations or potential criminal related issues that may not be a felony until the presence of an object that might be determined as a "dangerous weapon" is introduced into the situation.  Interpretation by LE and the prosecutors office is not black and white.   

An individual might also wish to consider civil issues and not just criminal.  I am by no means passing any judements, offering legal advice, or an opinion either way on what someone chooses to do, just stating things that would be prudent to consider.

Q

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« Reply #6 on: May 23, 2014, 09:03:51 PM »
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« Last Edit: December 15, 2016, 04:40:38 PM by Q »

Funtimes

Re: Would this knife be legal in Hawaii?
« Reply #7 on: May 23, 2014, 09:48:40 PM »
I'd have to find it, but the HI Supreme Court opined that "knives generally" are not dangerous nor deadly weapons.   It was a felon in possession of a knife; he had it concealed.  Officer performed an illegal stop and illegal frisk seizing a concealed knife.
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Lifer

Re: Would this knife be legal in Hawaii?
« Reply #8 on: May 23, 2014, 09:51:36 PM »
Karmabit topic part two....

The only real answer is to get arrested, get charged and go to trial.