[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.

[§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]

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?

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.

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.

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 .

Probably. We also don't promote any illegal actions. Most people consult an attorney for good/qualified legal advice.

[§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?

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?