Legal knife blade size in Hawaii (Read 13693 times)

Mr. Hyde

Legal knife blade size in Hawaii
« on: March 16, 2016, 05:25:12 PM »
I apologize in advance if this is a repeat post but I was wondering if anyone knows the legal blade size limit to carry in Hawaii? Thanks all.

eyeeatingfish

Re: Legal knife blade size in Hawaii
« Reply #1 on: March 16, 2016, 07:12:13 PM »
There is no legally prescribed length in Hawaii state law. The thing you have to worry about is the cover all deadly/dangerous weapon law which could end up being vague.

But as for pocket knives, you really don't need to worry, as long as it isn't a butterfly knife or switchblade. A sword might get you in trouble though.

Q

Re: Legal knife blade size in Hawaii
« Reply #2 on: March 16, 2016, 08:13:07 PM »
So long as it's manufactured purpose is not intended for offensive or defensive application, you can walk around with a machete if you want.

punaperson

Re: Legal knife blade size in Hawaii
« Reply #3 on: March 17, 2016, 07:12:16 AM »
So long as it's manufactured purpose is not intended for offensive or defensive application, you can walk around with a machete if you want.
Q, several questions:
1. How is "manufactured purpose" defined, where, and by whom?
2. Would a machete or other blade need to be sheathed?
3. Are you saying that "you can walk around" AND "you won't be hassled by law enforcement"? Or just that "it would be legal"?

London808

Re: Legal knife blade size in Hawaii
« Reply #4 on: March 17, 2016, 07:29:16 AM »
Q, several questions:
1. How is "manufactured purpose" defined, where, and by whom?
Its not and never will be, Hawaiis laws are intentionally vague so that they can read it 100 different ways. Their is nothing in the law about  the intention of design, Its an opinion based system, If under the cops opinion its a weapon it is one, Until proven otherwise.
2. Would a machete or other blade need to be sheathed?
No, but yes. The law does not say, But if its not sheathed they could argue that you are brandishing it in which case it becomes a weapon, .
3. Are you saying that "you can walk around" AND "you won't be hassled by law enforcement"? Or just that "it would be legal"?
[bYou can walk around and you might or might not get hassled, ]Depends on the cop, Again because its an opinion based law every one is different. .[/b]

§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.

"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.

"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

punaperson

Re: Legal knife blade size in Hawaii
« Reply #5 on: March 17, 2016, 09:04:43 AM »
"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.
I realize that the above is just a notation to the actual statutory language based upon some previous litigation, and holds no weight of any kind on the street where a cop will be doing his own "interpretation", but IF "sole... purpose is to inflict bodily injury or death" then any object that could be used for ANY OTHER PURPOSE would be exempt from the "deadly or dangerous weapon" category. So if it COULD be used to slice an apple, thus having ANOTHER purpose, it's legal! I, personally, wouldn't want to test that legal theory on the street.  :shaka:

RSN172

Re: Legal knife blade size in Hawaii
« Reply #6 on: March 17, 2016, 09:07:05 AM »
 In my younger days I walked on Waikiki Beach and all over the grounds of the major hotels in Waikiki carrying a cane knife unsheathed in my hand hundreds of times.  I was seen by HPD, tourists, hotel security and locals.  No one ever said anything or even batted an eye.  Not even once.








(I was part of a coconut tree trimming crew at the time. ;D)
Happily living in Puna

Q

Re: Legal knife blade size in Hawaii
« Reply #7 on: March 17, 2016, 09:42:31 AM »
Q, several questions:
1. How is "manufactured purpose" defined, where, and by whom?
Its not and never will be, Hawaiis laws are intentionally vague so that they can read it 100 different ways. Their is nothing in the law about  the intention of design, Its an opinion based system, If under the cops opinion its a weapon it is one, Until proven otherwise.
2. Would a machete or other blade need to be sheathed?
No, but yes. The law does not say, But if its not sheathed they could argue that you are brandishing it in which case it becomes a weapon, .
3. Are you saying that "you can walk around" AND "you won't be hassled by law enforcement"? Or just that "it would be legal"?
[bYou can walk around and you might or might not get hassled, ]Depends on the cop, Again because its an opinion based law every one is different. .[/b]

§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.

"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.

1) You solve that problem by contacting the manufacturer and asking them to provide you with documentation stating the intended purpose of the item you wish to buy.

This is why I don't carry cold steel products, because they state that even though it is listed as a functional tool, they still consider most if not all of their products self-defense applicable as well.



2) Lets exercise some common sense here. If you have a machete in your truck for emergency purposes or as a functional tool that may happen to be there for self-defense, then there shouldn't be any problems. If you are walking around on the street with a machete in hand, it may draw up some suspicion as to what you are doing. Personally, if you really want to carry a machete, I would keep it sheathed, and you better have a good reason to be carrying it aside from just self-defense.

I used to like to carry my bowie knife (that was defined by the manufacturer to be a tool) because I used it as a multi-purpose tool, and as potential protection from wild animals when working in my agroforestry and gardening areas. If I needed to use it in self-defense, then so be it, but I never carried it with the sole purpose of it being for 'self-defense'.


3) No, it depends on the police officer.

OGC has had several people harassed and almost arrested on several occasions because officers in HPD think that they can interpret the law the way they see fit. This is due to them not having a basic standard operating procedure with regards to how the law is interpreted.

You get around this by knowing the statutes by heart and having a legitimate reason for carrying what you are carrying, aside from self-defense.

I stated earlier that you could basically walk around with a machete; theoretically yes, but you have to remember that if you get harassed, you better be able to talk your way out of it.

London808

Re: Legal knife blade size in Hawaii
« Reply #8 on: March 17, 2016, 11:20:55 AM »
Also remember anything you say can be used against you, So "im carrying it for self defense" could show you intend to use it as a weapon (a weapon is not only offensive but defensive), Either have a good reason OR say nothing at all.

As Q said, know the laws and let HPD know it.
"Mr. Roberts is a bit of a fanatic, he has previously sued HPD about gun registration issues." : Major Richard Robinson 2016

Mr. Hyde

Re: Legal knife blade size in Hawaii
« Reply #9 on: March 17, 2016, 07:48:40 PM »
Again, thanks all for the in puts. With that said, in all of your opinions which would look less conspicuous fixed blade or folder?

dustoff003

Re: Legal knife blade size in Hawaii
« Reply #10 on: March 17, 2016, 07:50:07 PM »

Again, thanks all for the in puts. With that said, in all of your opinions which would look less conspicuous fixed blade or folder?
it all depends on how and where you carry it

Mr. Hyde

Re: Legal knife blade size in Hawaii
« Reply #11 on: March 17, 2016, 08:13:42 PM »
Very true. I recently was looking in to a fixed blade for "light cutting duties" and basically didn't want to get busted or look psycho carrying a fixed blade.

Q

Re: Legal knife blade size in Hawaii
« Reply #12 on: March 17, 2016, 08:39:46 PM »
Very true. I recently was looking in to a fixed blade for "light cutting duties" and basically didn't want to get busted or look psycho carrying a fixed blade.

I carry a medium length (9" overall) blade knife for multi-purpose use.

So long as you can explain WHY, you should be OK.

If they still hassle you or arrest you even though you give them a valid reason for carrying the knife other than self-defense, lawyer up and sue them for $200 million.

Why $200 million? Because that is HPDs yearly budget.

Then use that $200 million to start your own police department, do away with registration and the world will be at peace.  O0

Mr. Hyde

Re: Legal knife blade size in Hawaii
« Reply #13 on: March 17, 2016, 09:05:31 PM »
With that reasoning Sir, I am definitely going to get one. Thanks again.

Heavies

Re: Legal knife blade size in Hawaii
« Reply #14 on: March 17, 2016, 09:30:04 PM »
Again, thanks all for the in puts. With that said, in all of your opinions which would look less conspicuous fixed blade or folder?


Great knife, holds it's edge beautifully, not too big.  Leather scabbard is meh, but kydex is available.

mauiblue

Re: Legal knife blade size in Hawaii
« Reply #15 on: March 25, 2016, 07:39:42 PM »
I normally carry my folder knives in a belt sheath. I also carry a multi tool again in a belt sheath. I sometimes carry a fixed knife in a pancake sheath. The blade length of all my knives vary from 2.5 to 5 inches. Done this open carry of knives for years now.