Monday, March 30, 2009

Hawaii State Laws on weapons are...

...voluminous.

I was working on the garden/compost heap today, using either an extremely small cane-knife (machete) chopper, or a very big...um...knife to chop bougainvillea whips into tomato stakes.

That got me wondering: What are the laws here? Can't assume that just because something is openly sold and readily available that it is actually legal to have or use. So I looked it up. As usual, parts seem unclear and/or self contradicting.
§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. (There is more, but check the link).....
OK: If one is carrying concealed without a permit (and they don't issue permits), then it's a misdemeanor. Ditto in a vehicle, concealed or not, because: "Statute does not require that weapons be "concealed" within the vehicle. 58 H. 514, 572 P.2d 1222."

Case Notes
.....
"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.
So what if a diver's knife is diverted from normal use "and" not prepared for combat? What does preparing a big hairy diver's knife for combat consist of?
Cane, butterfly and kitchen knives are not deadly or dangerous weapons. 56 H. 642, 547 P.2d 587.
But butterfly knives are prohibited.
Sheathed sword-cane and wooden knuckles with shark's teeth were "deadly or dangerous weapons". 58 H. 514, 572 P.2d 1222.
They "were"? How about NOW?

"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.
Years ago, on the Mainland, I was given a used police billy. They make great fish billies...er...clubs. Is a police billy illegal in your fishing boat? How about in your car along with your other fishing gear? So far as I can tell, there is no functional difference whatsoever, and need not be any formal difference, between a police billy and a fish club. They are interchangeable.
A .22 caliber rifle is a "deadly or dangerous weapon." 63 H. 147, 621 P.2d 384.
Apparently this was found to be true in some case despite ""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." So, does this mean any .22 rifle? A target rifle? Or only a .22 assault rifle?
§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.
So, a switchblade, which in normal person's parlance, has a spring in it to open the blade, in lawmakers' lingo is extended to mean any folding knife with a blade hinge loose enough to be opened by flicking the wrist. Suppose the owner never heard of flicking the wrist to do so, but the hinge was loose enough for a practiced fisherman/hiker/picnicker/lineman/sadistic Satan worshiper to do so?

In any case, using my little chopper in the back yard seems to be legal, as is keeping it the garden tool cabinet. Maybe I don't want to walk around the hills and dales with it, but could I if not concealed? It's a heck of a nice little chopper, much more convenient than any other machete I've used. It would make a great general purpose camp knife.

OK. So much for knife and deadly or dangerous weapon laws. More on gun laws later. Maybe.

Just as a teaser for such tho, there is this:
CHAPTER 134

FIREARMS, AMMUNITION AND DANGEROUS WEAPONS Defendant could not claim that state firearms regulations infringed upon rights protected by Second Amendment. 82 H. 143, 920 P.2d 357.
Defendant wasn't even allowed to make the claim?

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2 Comments:

Anonymous Dan said...

The analogy at the international level is a weapons program built out of "dual-use" technologies. We've gone from "that's not a club, it's a baseball bat" to "we're not testing a ballistic missile, we're launching a communications satellite."

Tuesday, March 31, 2009 at 3:39:00 PM HST  
Blogger TTB said...

Yep: "That's not a nerve gas factory, that's a pesticide plant." Or so said Chemical Ali and his cousin Saddam.

Friday, April 3, 2009 at 3:28:00 PM HST  

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