Are Shocknifes legal in Hawaii (Read 6941 times)

kjcoug

Are Shocknifes legal in Hawaii
« on: June 28, 2013, 06:46:47 PM »
I was wonder if anyone knows of the legality of Shocknifes for training purposes in Hawaii. I know devices that are used to stun people are illegal for civilians here, but these do not stun.

I will attach a link to their website.
http://www.shocknife.com

Thanks for your input.

Dblnaknak

Re: Are Shocknifes legal in Hawaii
« Reply #1 on: June 28, 2013, 07:02:41 PM »
No they are not legal. Falls under tasers.

kjcoug

Re: Are Shocknifes legal in Hawaii
« Reply #2 on: June 28, 2013, 07:24:08 PM »
That's kinda what I figured, although they don't stun the person. So I guess any gag device that shocks someone should be deemed illegal as well.

Thanks for the response.

K30l4

Re: Are Shocknifes legal in Hawaii
« Reply #3 on: June 28, 2013, 11:44:29 PM »
Shockknife... This is filmed in Palolo. This was shocking to watch!

Aloha


HiCarry

Re: Are Shocknifes legal in Hawaii
« Reply #4 on: July 25, 2013, 04:28:06 PM »
I'm not sure they are illegal. First, the "shock" isn't meant to incapacitate but rather produce a sensation to simulate getting "cut." Also, HRS 134-16 refers to "electric guns" and not "electric devices" or some other more inclusive term. In light of these issues, my opinion is(and IANAL) the shock knife would be legal in Hawaii. Here's the relevant statutory language:

 §134-16  Restriction on possession, sale, gift, or delivery of electric guns.  (a)  It shall be unlawful for any person, including a licensed manufacturer, licensed importer, or licensed dealer, to possess, offer for sale, hold for sale, sell, give, lend, or deliver any electric gun.
     (b)  Any electric gun possessed, offered for sale, held for sale, sold, given, lent, or delivered in violation of subsection (a) shall be confiscated and disposed of by the chief of police.
     (c)  This section shall not apply to:
     (1)  Law enforcement officers of county police departments;

     (2)  Law enforcement officers of the department of public safety;

     (3)  Conservation and resources enforcement officers of the department of land and natural resources;

     (4)  Members of the army or air national guard when assisting civil authorities in disaster relief, civil defense, or law enforcement functions, subject to the requirements of section 121-34.5; and

     (5)  Vendors providing electric guns to the individuals described in paragraphs (1) through (4);

provided that electric guns shall at all times remain in the custody and control of the law enforcement officers of the county police departments, the law enforcement officers of the department of public safety, the conservation and resources enforcement officers of the department of land and natural resources, or the members of the army or air national guard.
     (d)  The county police departments of this State, the department of public safety, the department of land and natural resources, and the army and air national guard shall maintain records regarding every electric gun in their custody and control.  The records shall report every instance of usage of the electric guns; in particular, records shall be maintained in a similar manner as for those of discharging of firearms.  The county police departments, the department of public safety, the department of land and natural resources, and the army and air national guard shall annually report to the legislature regarding these records no later than twenty days before the beginning of each regular session of the legislature.
     (e)  The department of land and natural resources and the department of public safety shall ensure that each of its conservation and resources enforcement officers and law enforcement officers who is authorized to use an electric gun and related equipment shall first receive training from the manufacturer or from a manufacturer-approved training program, as well as by manufacturer-certified or approved instructors in the use of electric guns prior to deployment of the electric guns and related equipment in public.  Training for conservation and resources enforcement officers of the department of land and natural resources and law enforcement officers of the department of public safety may be done concurrently to ensure cost savings.
     (f)  No later than June 30, 2018, the conservation and resources enforcement program of the department of land and natural resources shall meet the law enforcement accreditation or recognition standards of the Commission on Accreditation for Law Enforcement Agencies, Inc., in the use of electric guns. [L 1988, c 275, pt of §2; am L 2001, c 252, §3; am L 2002, c 16, §5; am L 2010, c 131, §1; am L 2011, c 144, §3; am L 2012, c 148, §1]

Edit to add: I looked at the definition of "electric gun" and think I know why the company won't ship here. I'll also add that based on the definition, I would have to amend my original statement and say it is illegal. It is a crap law and poorly worded insofar as I think it includes many electrical items no one would associate with an "electric gun."

Here is the definition of an electric gun per HRS 134-1: "Electric gun" means any portable device that is electrically operated to project a missile or electromotive force.  It does not include any electric livestock prod used in animal husbandry and any automatic external defibrillator used in emergency medical situations.

Besides the specific exclusion for a cattle prod or AED, the use of the term "electromotive force" is a hugely broad category that would include batteries and small (hence portable) solar (PV) panels. Can one of the folks here with a electrical engineering or physics background tell me if I am correct in interpreting the term electromotive force to be as broad as I think it is? Thanks! 
« Last Edit: July 25, 2013, 07:38:21 PM by HiCarry »

Kingkeoni

Re: Are Shocknifes legal in Hawaii
« Reply #5 on: July 25, 2013, 05:48:22 PM »
I'm not sure if they're legal or not but according to their website, the company that makes them won't ship them to Hawaii.
Your number one Option for Personal Security is a lifelong commitment to avoidance, deterrence, and de-escalation.

Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.

Kingkeoni

Re: Are Shocknifes legal in Hawaii
« Reply #6 on: July 25, 2013, 08:44:20 PM »
That and the knife costs $500

Your number one Option for Personal Security is a lifelong commitment to avoidance, deterrence, and de-escalation.

Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.

Q

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« Reply #7 on: July 25, 2013, 10:15:52 PM »
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« Last Edit: September 10, 2016, 11:12:42 PM by Q »

Dblnaknak

Re: Are Shocknifes legal in Hawaii
« Reply #8 on: July 26, 2013, 06:46:42 AM »
The shock knife sucks. Save your money. It makes a lot of noise but it didn't bother me when I got shocked by it. It's a very week charge.

ACADEMI

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Re: Are Shocknifes legal in Hawaii
« Reply #9 on: July 26, 2013, 07:15:42 AM »
Sounds devastating! All yap but no thundah, sounds like my ex wife..... I'd rather use my ka-bar!

Kingkeoni

Re: Are Shocknifes legal in Hawaii
« Reply #10 on: July 26, 2013, 08:05:02 AM »
The shock knife sucks. Save your money. It makes a lot of noise but it didn't bother me when I got shocked by it. It's a very week charge.

That's because your Portagee blood is too strong.   :rofl:
Your number one Option for Personal Security is a lifelong commitment to avoidance, deterrence, and de-escalation.

Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.

Dblnaknak

Re: Are Shocknifes legal in Hawaii
« Reply #11 on: July 26, 2013, 01:46:24 PM »
That's because your Portagee blood is too strong.   :rofl:

 :thumbsup:

Cougar8045

Re: Are Shocknifes legal in Hawaii
« Reply #12 on: July 26, 2013, 01:54:35 PM »
Here is the definition of an electric gun per HRS 134-1: "Electric gun" means any portable device that is electrically operated to project a missile or electromotive force.  It does not include any electric livestock prod used in animal husbandry and any automatic external defibrillator used in emergency medical situations.

Besides the specific exclusion for a cattle prod or AED, the use of the term "electromotive force" is a hugely broad category that would include batteries and small (hence portable) solar (PV) panels. Can one of the folks here with a electrical engineering or physics background tell me if I am correct in interpreting the term electromotive force to be as broad as I think it is? Thanks!
Google says it's "A difference in potential that tends to give rise to an electric current."   So yeah, it looks like you're exactly right and the legislature has literally outlawed the use of anything battery operated which is not a cattle prod or AED.  Cattle prod=ok, RC car=outlawed?   ::)  I love it here.
I'm just a fluffy white bunny rabbit who lost his way. 

"If a thief be found breaking in, and be smitten that he die, there shall no blood be shed for him. ..."  -Exodus 22:2

Funtimes

Re: Are Shocknifes legal in Hawaii
« Reply #13 on: July 27, 2013, 11:54:09 PM »
They would be illegal - like any other electric device. It is very stupid, and likely not was intended with the legislature.   I'm thinking the taser ban would be something citizens could argue for and win.
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