Dangerous Weapons - Defined? (Read 8717 times)

Alex Europa

Dangerous Weapons - Defined?
« on: October 21, 2010, 01:52:38 PM »
So I've looked at §134-51  Deadly weapons (http://www.capitol.hawaii.gov/hrscurrent/vol03_ch0121-0200d/HRS0134/HRS_0134-0051.HTM) and I'm trying to clear up some of the definitions of the language used. I'm thinking the best bet would be to email someone "important" at HPD and if they give me the "go ahead" to keep that email with me.

#1) "Dagger" - According to Wikipedia (not the most reliable source, I know), a "dagger" is a "double-edged blade used for hitting, stabbing, or thrusting." If I have a Becker BK-7 (http://www.amazon.com/exec/obidos/ASIN/B001IPMG8K/?tag=2ahawaii-20) in my vehicle, am I in violation of the law? I could just get a 9" dive knife and carry, but I'm just curious as to what exactly they consider a dagger versus a utility knife.

#2) "Police club" or "Truncheon" - According to Wikipedia, this appears to include expandable batons. Correct?

I tried to search around for this topic on the forum, but wasn't able to locate a thread that discussed it. If it has been, please redirect me and I apologize for the repeat thread.

- Alex

Funtimes

Re: Dangerous Weapons - Defined?
« Reply #1 on: October 21, 2010, 02:31:18 PM »
Your knife is not double edged, it would need to have a sharpened edge on both sides to be a dagger. However, you also have to look at how the knife is marketed -- utilitly, sporting, hunting, defense ect.  This is not legal advice -but some guys I have spoke to said it was ok to keep in the car (fixed blades ect) but dont carry it. I have shown my sog knife to many police when I was serving papers and they never said anything to me.
 
Don't keep the baton it's a weapon. No way around that one to be honest.  That said... :P who would know.
Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

HiCarry

Re: Dangerous Weapons - Defined?
« Reply #2 on: October 21, 2010, 07:49:47 PM »
Many statues have "Case Notes" to help explain the current interpretatons of the law based on prior cases. In this case this instance the case notes contain some useful information.
     
Quote
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:  10 H. App. 584, 880 P.2d 213.

 
 
After looking at your knife I am pretty confident that it would not be considered a dagger.

And yes, the expandable baton is considered a "Billy" as defined in statue. It would be difficult to interprete it anyother way. However, I don't think it is illegal to actually own one. The wording of the statue leaves you a little "wiggle room" in terms of owning it. Not so much for carrying it.

Quote
(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....
 
 
So you appear to have to have it on your person, or be "armed" with it...of course having it sit in a drawer doesn't really make it a very effective tool as you can't really carry it with you anywhere....but you can own one. Of course this is just my interpretation and is subject to the standard disclaimer of IANAL.[/q]

ap

Re: Dangerous Weapons - Defined?
« Reply #3 on: October 21, 2010, 10:39:43 PM »
i thought carrying a pocket knife or knives were legal?!  i talked to a local gun store owner and he told me the 3 inch blade rule on pocket knives was changed to no blade size limit last year, basically he told me that you can carry anything on you even a tomahawk! (which he says he carries it on him when he walks his dog!) and he mentioned the above items like the dirk, dagger, blackjack, etc were illegal.  so is it legal to carry a cold steel spartan and a spyderco tenacious on you?

HiCarry

Re: Dangerous Weapons - Defined?
« Reply #4 on: October 21, 2010, 11:17:50 PM »
i thought carrying a pocket knife or knives were legal?!  i talked to a local gun store owner and he told me the 3 inch blade rule on pocket knives was changed to no blade size limit last year, basically he told me that you can carry anything on you even a tomahawk! (which he says he carries it on him when he walks his dog!) and he mentioned the above items like the dirk, dagger, blackjack, etc were illegal.  so is it legal to carry a cold steel spartan and a spyderco tenacious on you?
The current statue does not mention blade length, and it has been that way for a while. Not just a year. Who ever said that was probably confused and thinking about the bill introduced by Les Ihara that would have banned many of the knives many of us currently carry. But they are correct in that you can strap a large fixed blade to your belt and carry it without breaking any laws...

Alex Europa

Re: Dangerous Weapons - Defined?
« Reply #5 on: October 22, 2010, 02:01:56 AM »
So do we have any kind of case notes to specify what HPD considers a "dagger?" Wikipedia is great, but I don't see myself being able to pull out a printed version of the Wiki for "dagger" and showing it to the cop and being good to go.

- Alex

2aHawaii

  • Administrator
  • Trade Count: (0)
  • Hero Member
  • *****
  • Posts: 3629
  • Total likes: 67
  • Sheepdog
  • Referrals: 17
    • View Profile
    • 2aHawaii
Re: Dangerous Weapons - Defined?
« Reply #6 on: October 22, 2010, 07:05:17 AM »
So do we have any kind of case notes to specify what HPD considers a "dagger?" Wikipedia is great, but I don't see myself being able to pull out a printed version of the Wiki for "dagger" and showing it to the cop and being good to go.

That is a good question. From what I could see in the law, it is kept vague on purpose. Like many of the other laws, I feel that there is a big grey area when it comes to whether a knife is a dagger or dirk.

Oh, yeah, IANAL
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

Buying from Amazon? Click through here

HiCarry

Re: Dangerous Weapons - Defined?
« Reply #7 on: October 22, 2010, 10:30:09 AM »
If you want to be absolutely sure, get a "diver's knife" as prior cases have determined, as noted in the case notes, that such a knife is not a dagger. Out side that, it is, and until a better definition is put in statue, or another case generates guidence via additional case notes, it is a crap shoot....just remember, you can get arrested and hauled off to jail for almost anything...in the end, the police might not charge you and let you out without prosecuting the case, but you still spent some time in jail. That being said, I think it would be difficult to pursue a case of someone having a Ka-bar and the police arresting him for a dagger. But, if it happens, like anyother time you are arrested, shut up. Don't say anything. Especially about the knife being a self defense tool....let your lawyer do the talking.

Old Guy

Re: Dangerous Weapons - Defined?
« Reply #8 on: October 22, 2010, 06:04:12 PM »
The more you ask "them" the more restrictive it can be.
 
I like wiggle room when the PD is involved.
 
Years ago, before the definitions we have now, a friend's home was burgled.
 
I was with him when he got the call and went with him to Pearl City PD.
 
Between the 2 of us, I think we were carrying 7 or 8 folding knives and several Original Bali-Songs
 
I was wearing a Loud Aloha shirt (as usual), he was wearing a tuck in shirt.
 
HPD had a Cow as they could see what he had on him.  Then, they looked at me,
 
I didn't say a word and they didn't ask.......
 
 

vooduchikn

Re: Dangerous Weapons - Defined?
« Reply #9 on: October 22, 2010, 07:54:39 PM »
The more you ask "them" the more restrictive it can be.
 
I like wiggle room when the PD is involved.
 
Years ago, before the definitions we have now, a friend's home was burgled.
 
I was with him when he got the call and went with him to Pearl City PD.
 
Between the 2 of us, I think we were carrying 7 or 8 folding knives and several Original Bali-Songs
 
I was wearing a Loud Aloha shirt (as usual), he was wearing a tuck in shirt.
 
HPD had a Cow as they could see what he had on him.  Then, they looked at me,
 
I didn't say a word and they didn't ask.......

Always carry - never tell!
Relax, I've banned myself..

Funtimes

Re: Dangerous Weapons - Defined?
« Reply #10 on: October 22, 2010, 09:25:38 PM »
Daggers are knives with blades on two sides.
Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

2aHawaii

  • Administrator
  • Trade Count: (0)
  • Hero Member
  • *****
  • Posts: 3629
  • Total likes: 67
  • Sheepdog
  • Referrals: 17
    • View Profile
    • 2aHawaii
Re: Dangerous Weapons - Defined?
« Reply #11 on: October 22, 2010, 11:18:09 PM »
Daggers are knives with blades on two sides.

...except if it's a diving knife :P
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

Buying from Amazon? Click through here

Old Guy

Re: Dangerous Weapons - Defined?
« Reply #12 on: October 22, 2010, 11:48:57 PM »
You haven't seen my diving knife
 
Looks like a 3/4 size version of what Crocodile Dundee had in New York.  Most likely I'd get arrested for
being offensively armed.  Wonder if I still have that?