Non/Less-than Lethal Carry... (Read 45718 times)

xxRENDOGxx

Re: Non/Less-than Lethal Carry...
« Reply #40 on: December 14, 2012, 10:42:51 PM »
I had long wondered about the legality of extendable batons, such as ASP, here in Hawaii.  It seems no two gun stores would ever give me the same response as to whether it was legal to carry.  I finally emailed HPD directly and this was the response I got.

Hope you’re having a good morning.  The Hawaii Revised Statute or City and County Revised Ordinance had no law stating the public are not allowed to carry a collapsible baton. Collapsible baton is used in a commission of a crime than the person shall be arrested for the offense.

I saved the email just in case for whatever reason I needed some sort of documentation of it.

I later inquired to an officer in person of his veiwings to the legality.  He informed me that carrying it, and using it for self defense was perfectly legal.  But if at any point you are "playing around" with it, or for whatever reason have it extended in a non emergency circumstance, then you would be brandishiing a dangerous weapon and could be arrested.  As for wearing it out an open on the belt, he said that it is in the same vein as wearing a fixed blade knife, where while there may be no specific law against it, it may be up to the officers discrection to ask you to remove it as it is causing a "public disturbance".  And that not all officers may be 100% keen on the specifics of the law, and will er on the side of caution.

For the record, while I do once in awhile still carry the baton on me here and there, I find it too heavy and too much a burdon on normal day to day functions.  But I did in the past carry it when I felt the need for an added deterrent or layer of defense that pepper spray didn't always provide.  Like when I used to deliver pizzas in Wahiawa (always with my managers approval).
Thanks for the clarification. I picked up my collapsible baton a while ago just to keep in my truck.

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Re: Non/Less-than Lethal Carry...
« Reply #41 on: December 15, 2012, 04:39:52 AM »
I'd be careful with that baton. I've always been under the impression that they were illegal in Hawaii. I believe they are categorized as a billy club under HRS-134

http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0051.htm
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

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sworbeyegib

Re: Non/Less-than Lethal Carry...
« Reply #42 on: December 15, 2012, 12:55:40 PM »
I'd be careful with that baton. I've always been under the impression that they were illegal in Hawaii. I believe they are categorized as a billy club under HRS-134

http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0051.htm

In my original email to HPD, I brought up the term "billy club" specifically, and the vagueness surrounding that term.  The quote I posted earlier was the word for word email I had recieved back, minus the officers name.  The area seemed so grey that I really wanted real clarification.

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Re: Non/Less-than Lethal Carry...
« Reply #43 on: December 21, 2012, 10:57:45 PM »
I'd be careful with that baton. I've always been under the impression that they were illegal in Hawaii. I believe they are categorized as a billy club under HRS-134

http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0051.htm

We 100% agree... We don't sell them... too much of a grey area... No batons, slap-jacks, night sticks, tazers, etc, etc... illegal or very sketchy...

Stick with Pepper Spray, Mace, Kubotans, Tactical Flashlights and Keychains, Personal Alarms, etc...  :shaka:

Trust me, we've checked....  ;)

HiCarry

Re: Non/Less-than Lethal Carry...
« Reply #44 on: January 03, 2013, 03:43:55 PM »
I disagree with the letter...the law (copied below) seems pretty clear to me.

 
Quote
§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.

Additionally, I asked a lawyer friend about this and he too thought it was pretty clear that us "citizens" cannot carry an expandable baton.....

hvybarrels

Re: Non/Less-than Lethal Carry...
« Reply #45 on: January 05, 2013, 01:28:13 AM »
Can't even have a monkey fist even though we use them for work to get lines over tree limbs. Thanks a lot drunken sailors from the 1950's!
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sworbeyegib

Re: Non/Less-than Lethal Carry...
« Reply #46 on: January 05, 2013, 12:44:39 PM »
I might be stood corrected.

A Hawaii weapons law with vague interperatations... hush you say, thats never happened before!

Haoleb

Re: Non/Less-than Lethal Carry...
« Reply #47 on: January 05, 2013, 03:07:30 PM »
How about a hammer or crowbar... Hellava lot more effective than a baton.

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Re: Non/Less-than Lethal Carry...
« Reply #48 on: January 15, 2013, 11:05:26 PM »
Most recent trip and comments from TSA...

"Tactical Flashlight"... "As long as it's a flashlight..." [url]http://www.selfdefensesolutionshawaii.com/Tactical_Personal_Lights.html]http://www.selfdefensesolutionshawaii.com/Tactical_Personal_Lights.html

"Heart Attack Key Chain"..Never a question so far ...http://www.selfdefensesolutionshawaii.com/PersonalAlarms_SelfDefense.html

"Kubotan" Never a question so far... http://www.selfdefensesolutionshawaii.com/PersonalAlarms_SelfDefense.html

Just a current fyi and travel info.... Plan ahead and do what you need to do to protect yourself and family!


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Re: Non/Less-than Lethal Carry...
« Reply #49 on: January 15, 2013, 11:12:45 PM »
How about a hammer or crowbar... Hellava lot more effective than a baton.

Brought a sample large "J-bolt" with me during a recent trip... looks very much like a small crowbar during the xray for my carry-on.... needless to say a 5 minute explanation and a big no- no.!