HB2342 signed by green (butterfly, switchblade, etc...) (Read 12551 times)

Flapp_Jackson

Re: HB2342 signed by green (butterfly, switchblade, etc...)
« Reply #20 on: May 18, 2024, 11:12:59 AM »
Could be.  I haven’t found an easy way to see the history of changes to a federal law, so hard to tell.

Compiling a Federal Legislative History:
A Beginner’s Guide


https://guides.loc.gov/legislative-history/trace-federal-legislation
The reasonable man adapts himself to the world;
the unreasonable one persists in trying to adapt the world to himself.
Therefore, all progress depends on the unreasonable man.
-- George Bernard Shaw

Sodie

Re: HB2342 signed by green (butterfly, switchblade, etc...)
« Reply #21 on: May 18, 2024, 12:27:38 PM »
Compiling a Federal Legislative History:
A Beginner’s Guide


https://guides.loc.gov/legislative-history/trace-federal-legislation

Thanks, that was very helpful.

Looks like the only relevant change was in 1986, where they removed the provision that made one a prohibited person for being under indictment for a crime punishable by more than a year in jail.

Wchiro

Re: HB2342 signed by green (butterfly, switchblade, etc...)
« Reply #22 on: May 19, 2024, 07:55:35 AM »
Does this mean that we might see people open carry their Byrna or other less lethal launchers?

changemyoil66

Re: HB2342 signed by green (butterfly, switchblade, etc...)
« Reply #23 on: May 19, 2024, 01:06:44 PM »
Does this mean that we might see people open carry their Byrna or other less lethal launchers?
If a byrba is loaded with anything other than a pepperball, its a bb or airgun. City ordinance forbids carrying open or concealed.

So, no.

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ren

Re: HB2342 signed by green (butterfly, switchblade, etc...)
« Reply #24 on: May 19, 2024, 01:55:52 PM »
If a byrba is loaded with anything other than a pepperball, its a bb or airgun. City ordinance forbids carrying open or concealed.

So, no.

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So no boba in your tea
« Last Edit: May 20, 2024, 11:37:40 AM by ren »
Deeds Not Words

changemyoil66

Re: HB2342 signed by green (butterfly, switchblade, etc...)
« Reply #25 on: May 20, 2024, 09:13:39 AM »
So no boba in your tea

Waycist.

changemyoil66

Re: HB2342 signed by green (butterfly, switchblade, etc...)
« Reply #26 on: May 21, 2024, 08:27:56 AM »
So recap.
The state does this, change a unconstitutional law and that way they stiff the lawyer on the attorney fees.  The reasoning is that the lawsuit is now moot because X is legal now.  We saw this with Tasers. 

This is where the state has the advantage of "F-U, sue us".  Cause they know most attorny's won't waste their time to get paid for damages and most people won't drop $50K, just to start a lawsuit.

They are doing the same now, but we're fighting back. Butterfly knives cannot be practically open carried, as they have no clip because it would affect the opening and closing operation of the knife.  Basically, saying the lawsuit must continue. Hope a judge feels the same way.

k3k0a808

Re: HB2342 signed by green (butterfly, switchblade, etc...)
« Reply #27 on: May 21, 2024, 07:38:00 PM »
So recap.
The state does this, change a unconstitutional law and that way they stiff the lawyer on the attorney fees.  The reasoning is that the lawsuit is now moot because X is legal now.  We saw this with Tasers. 

This is where the state has the advantage of "F-U, sue us".  Cause they know most attorny's won't waste their time to get paid for damages and most people won't drop $50K, just to start a lawsuit.

They are doing the same now, but we're fighting back. Butterfly knives cannot be practically open carried, as they have no clip because it would affect the opening and closing operation of the knife.  Basically, saying the lawsuit must continue. Hope a judge feels the same way.

is there a definition to open carry? does a knife with a deep carry clip meet the requirements.. or does so much of the handle need to be showing?

changemyoil66

Re: HB2342 signed by green (butterfly, switchblade, etc...)
« Reply #28 on: May 23, 2024, 07:54:45 AM »
is there a definition to open carry? does a knife with a deep carry clip meet the requirements.. or does so much of the handle need to be showing?

The AG rep stated a clipped knife in the pocket is open carry.  IMO, a clip is part of the knife.

k3k0a808

Re: HB2342 signed by green (butterfly, switchblade, etc...)
« Reply #29 on: June 02, 2024, 06:35:50 PM »
The AG rep stated a clipped knife in the pocket is open carry.  IMO, a clip is part of the knife.

Nice, thanks for the reply... ive read the bill and I dont see anything about daggers. are those still prohibited?

changemyoil66

Re: HB2342 signed by green (butterfly, switchblade, etc...)
« Reply #30 on: June 03, 2024, 08:35:33 AM »
Nice, thanks for the reply... ive read the bill and I dont see anything about daggers. are those still prohibited?

You can now open carry a dagger. Note that it' scommon for diving knives to be classified as a "dagger", but those are excluded and always have been.

digital808

Re: HB2342 signed by green (butterfly, switchblade, etc...)
« Reply #31 on: June 22, 2024, 08:19:43 PM »
You can now open carry a dagger. Note that it' scommon for diving knives to be classified as a "dagger", but those are excluded and always have been.

I was wondering the same if a dagger type blade (OTF Knives) is prohibited, because I use it to open my mail.  :thumbsup: 

changemyoil66

Re: HB2342 signed by green (butterfly, switchblade, etc...)
« Reply #32 on: June 24, 2024, 08:32:07 AM »
I was wondering the same if a dagger type blade (OTF Knives) is prohibited, because I use it to open my mail.  :thumbsup:

As long as they're open carried, they're legal.  you cannot conceal carry.

digital808

Re: HB2342 signed by green (butterfly, switchblade, etc...)
« Reply #33 on: June 26, 2024, 07:08:25 AM »
HB2342 Effective Immediately
The governor signed into law HB2342 which
Allows the addition of a felony charge if a person carries or uses a firearm while committing a misdemeanor offense (not including HRS 134 or safe storage)
Removes the 4 year hunters education training requirement to obtain a long gun permit to acquire.  Basically hunters education no longer expires to obtain a long gun.
Removes the prohibition of carrying or transporting butterfly/switchblade knives, and other deadly or dangerous weapons (swords, brass knuckles, etc).  Open carry only, concealed carry is prohibited.  Electric guns and batons are excepted, can be carried concealed or open.

www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=GM&billnumber=1121&year=2024


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What is the law in regard to folding knives?  Is it legal to conceal those types of knives no matter the length of the blade? 

changemyoil66

Re: HB2342 signed by green (butterfly, switchblade, etc...)
« Reply #34 on: June 26, 2024, 08:04:35 AM »
What is the law in regard to folding knives?  Is it legal to conceal those types of knives no matter the length of the blade?

1) Hawaii has no blade length law.
2) If the folding knife is defined by the manufacturer as a "utility" knife or good for various types of activities and provides examples like "great for camping, hunting", then it's not a "deadly or dangerous weapon".  This is important because if the manufacturer's description states "great for self defense" and only that, then you will fall into this category (deadly or dangerous weapon). And will have to open carry the folding knife.  Or if there is no manufacturer's description, then you can conceal it.

Side note:Shiv works sells blades, and he was very careful as to not describe the blade as above, but more of a utility knife.

digital808

Re: HB2342 signed by green (butterfly, switchblade, etc...)
« Reply #35 on: June 26, 2024, 08:25:57 AM »
1) Hawaii has no blade length law.
2) If the folding knife is defined by the manufacturer as a "utility" knife or good for various types of activities and provides examples like "great for camping, hunting", then it's not a "deadly or dangerous weapon".  This is important because if the manufacturer's description states "great for self defense" and only that, then you will fall into this category (deadly or dangerous weapon). And will have to open carry the folding knife.  Or if there is no manufacturer's description, then you can conceal it.

Side note:Shiv works sells blades, and he was very careful as to not describe the blade as above, but more of a utility knife.

 :shaka:

digital808

Re: HB2342 signed by green (butterfly, switchblade, etc...)
« Reply #36 on: June 27, 2024, 10:16:24 AM »
Is “spring assist” folding type of knives considered to be a switchblade type of knife? Can these knives be concealed? 

Sorry, I’m new to knives and just trying to understand the new law.
« Last Edit: June 27, 2024, 10:26:31 AM by digital808 »

changemyoil66

Re: HB2342 signed by green (butterfly, switchblade, etc...)
« Reply #37 on: June 27, 2024, 02:28:01 PM »
Is “spring assist” folding type of knives considered to be a switchblade type of knife? Can these knives be concealed? 

Sorry, I’m new to knives and just trying to understand the new law.

Anything spring loaded is a switchblade.

drck1000

Re: HB2342 signed by green (butterfly, switchblade, etc...)
« Reply #38 on: June 27, 2024, 02:38:54 PM »
Anything spring loaded is a switchblade.
Quote
In 2009, the Federal Switchblade Act was actually revised and clarified so that assisted-opening knives would not fall under the prohibition of the act, which only outlawed switchblades. The change made sure that the Federal Switchblade Act does not apply to:

“a knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure to assist in opening the knife.”

https://knife-depot.com/pages/the-legality-of-assisted-opening-knives

There were other more "local" discussions in Hawaii law, but can't find them ATM. 

Edited to add that:

Quote
The Hawaii statute does not contain the wording of the 2009 amendment to the Federal Switchblade Act, which excludes knives with a “bias toward closure.”

My point was regarding the broad brush of all (that) means switchblade.
« Last Edit: June 27, 2024, 02:54:47 PM by drck1000 »

changemyoil66

Re: HB2342 signed by green (butterfly, switchblade, etc...)
« Reply #39 on: June 27, 2024, 04:32:49 PM »
https://knife-depot.com/pages/the-legality-of-assisted-opening-knives

There were other more "local" discussions in Hawaii law, but can't find them ATM. 

Edited to add that:

My point was regarding the broad brush of all (that) means switchblade.

Here's the HRS:

" §134-52  Switchblade knives; prohibitions; penalty.  (a)  Whoever knowingly manufactures, sells, transfers, possesses, or transports in the State any switchblade knife, being any knife having a blade which opens automatically (1) by hand pressure applied to a button or other device in the handle of the knife, or (2) by operation of inertia, gravity, or both, shall be guilty of a misdemeanor.

     (b)  Whoever knowingly possesses or intentionally uses or threatens to use a switchblade knife while engaged in the commission of a crime shall be guilty of a class C felony. [L 1959, c 225, §1; Supp, §264-9; HRS §769-1; ren L 1972, c 9, pt of §1; am L 1990, c 195, §4]"