Also prohibited to carry due to ROH 40-23. Replica firearms
Article 23. Replica Guns
“Firearm” shall mean the same as it is defined in HRS Section 134-1.
“Law enforcement officer” shall mean any public servant, whether employed by the state, the city or the United States, vested by law with a duty to maintain public order or to make arrests for offenses or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses.
“Replica gun” shall mean any toy or other object which bears such a resemblance to an actual firearm that a reasonable person would have difficulty visually distinguishing it from an actual firearm, and which lacks any feature or aspect which would serve as a signal to allow a person to readily distinguish the replica gun from an actual firearm by sight. The term shall not include an actual firearm.
(Added by Ord. 03-24)
(a) No person shall carry or display a replica gun on any street, alley, public road, or on any public lands unless such replica gun is in a suitable case or securely wrapped.
(b) No person shall draw or brandish a replica gun in the presence of a law enforcement officer engaged in the performance of his or her duties.
(c) Nothing in this article shall be deemed to prevent any person who has obtained a hunting license pursuant to HRS Chapter 183D from engaging in hunting in accordance with law.
(d) In the event a replica gun is also an “air gun,” as defined in Section 41-8.1, the exceptions in Section 41-8.4 shall also be exceptions to the prohibitions in this article.
(e) Nothing in this article shall prevent carrying or display of a replica gun by a person involved in a living history presentation or other activity for historical interpretation or educational purposes, or by a person participating in a parade if such activity or parade participant is associated with an established historical organization, museum, military preservation organization, or other group with a mission to educate the public at various events through the use of historical artifacts, clothing, vehicles, aircraft, maritime vessels, and firearms or replicas thereof.
Any person violating the provisions of Section 40-23.2(a) shall be deemed guilty of a petty misdemeanor and upon conviction shall be punished by a fine not exceeding $500, or by imprisonment not exceeding 30 days.
Any person violating the provisions of Section 40-23.2(b) shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding one year.
(Added by Ord. 03-24)