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Keeping Knives in American Lives Since 1998

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Hawaii Knife Laws

Quick Legal Facts

Hawaii

Statewide Preemption:

None.

Concealed Carry:

Not an issue.

Schools:

Hawaiian law provides a zero tolerance policy for weapons on school grounds.

Critical Dimensions:

None

In May 2024, Hawaii amended its weapons law, HRS sec. 134-51. The amendment removed automatic knives (switchblades), gravity knives, and butterfly knives from the list of prohibited weapons. However, it retained a ban on concealed carry of these items or the possession, use, or threatened use of these items (and others) in the commission of a crime.

Many states have legalized automatic knives.  However, they remain illegal under federal law (15 USC 1241-2145; the “Federal Switchblade Act or FSA”).  Additionally, Hawaii’s Supreme Court, in a case called State v. Wilson, 154 Haw 8 (2024), issued perhaps the most narrow ruling in the country on the applicability of Bruen.  This, coupled with the ruling in Knife Rights v. Garland, where the federal district court dismissed a challenge to the Federal Switchblade Act pursuant to Bruen, means there is significant confusion over the effect of Hawaii’s legislative changes and places where knives are legal under state law but not legal under federal law. (See also articles linked below.)

One possibility is that a person open carrying a switchblade cannot be charged under state law but could be charged under federal law, assuming the switchblade crossed state borders during production or shipping.  Another very unlikely possibility is that a Bruen challenge to the FSA could work in Hawaii and get rid of a federal charge.  That is, however, a significant risk to take.  Given the new law, Wilson and Garland, switchblades, gravity knives, and butterfly knives are legal under state law but still illegal federally.   Another case, Teter, is pending in Hawaii federal court and could resolve this issue.  The State of Hawaii has moved to dismiss Teter as moot (no longer a legal issue) but that motion has yet to be ruled on.  If Teter changes anything, this page will be updated.

Note that the changes in the law do not apply to all edged weapons (dirk knives, for example, were not removed from the list of prohibited weapons).  Second, the changes do not apply to switchblades, gravity knives, or butterfly knives that are concealed carry or possessed during the commission of a crime – that is, it is still illegal to concealed carry these items or have them on your person when committing a crime.  Third, note that penalties for carrying these items in a prohibited way were increased.
In short, carrying a switchblade, gravity knife, or butterfly knife in Hawaii may or may not be illegal, depending on whether the state or federal government prosecutes the case.

At a Glance:

Concealed carry of automatic knives (a.k.a. switchblades), gravity knives, and butterfly knives or the possession, use, or threatened use of these items (and others) in the commission of a crime is prohibited.

Relevant Statutes:

134-51. Deadly weapons; prohibitions; penalty
134-52. Switchblade knives; prohibitions; penalty
134-53. Butterfly knives; prohibitions; penalty
302A-1134.6. Zero tolerance policy (schools) 

Restricted Knives:

Possessing a dirk or dagger is not unlawful, but such knives may not be carried.

Concealed Carry:

Concealment is not an issue except in the commission of a crime.

Restrictions on Carry in Specific Locations/Circumstances:

Schools

Statewide Preemption:

None.

Discussion:

 Automatic Knives

Under Hawaii law, “Switchblade” and “gravity” knives were forbidden until May 2024. The § 134-52 definition is based on the 1958 Federal Switchblade Act, enacted in 1959, the same year Hawaii became a U.S. State. 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.” We suggest that knives with assisted opening mechanisms be avoided. Manual one-hand operability is not restricted.

Butterfly Knives

Butterfly knives have been forbidden under Hawaiian law since 1999, when § 134-53 became law. A recent challenge to this law on U.S. constitutional grounds was defeated in the case of Teter v Connors, brought to the U.S. District Court in Hawaii. The law was changed in 2024.

Dagger/Dirk

The Hawaii “Deadly Weapons” law, § 134-51, as it pertains to knives, provides:

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, . . .  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.

The word “concealed” is superfluous. Carrying a dagger or dirk openly or having such an item within a vehicle is unlawful. Whether concealed or openly displayed, one is considered to be “armed” within the statute’s meaning.   State v. Ogata, 572 P.2d 1222 (1977).

The Hawaii Supreme Court construed “dagger” to be a “short weapon used for stabbing” in the case of State v Giltner, 537 P2d 14 (1975). The Giltner case involved a “diver’s knife” with double edges, one of which was serrated:

The instrument recovered by the police is a ‘Sea Hunter’ model diver’s knife, which is standard equipment for many divers engaged in deep-sea diving. It consists of a hard rubber handle with a blade measuring slightly less than 6 1/2 inches in length, one edge being serrated for most of its length and then curving convexly to the point. Since there is no indication from the statute itself or its legislative history that the Legislature intended to enlarge the definition of ‘dagger’ beyond its usual and ordinary meaning, we find that the trial judge erred in concluding that the knife in question was a ‘dagger’ within the meaning of the statute.

The Hawaii Supreme Court commendably recognized that a knife designed for underwater pursuits was not a weapon to be used for stabbing, notwithstanding the blade shape.

Law Enforcement/Military

There are no exemptions for law enforcement or military members applicable to knives.

Consequences 

Violations of §§ 134-51 – 134-53 are misdemeanors punishable by confinement for up to one year.

Updated August 15, 2024, by Anthony Sculimbrene.

See also:
The Federal Switchblade Act – Is it Constitutional?
Is the Federal Switchblade Act Invalid?
Applying Knife Law Standards – State v Wilson
Do a search on “Bruen” on our website for several explanation articles.

This information is presented as a brief synopsis of the law and not as legal advice. AKTI is not, and cannot be, a legal service provider. Use of the site does not create a lawyer/client relationship. Laws are interpreted differently by enforcement officers, prosecuting attorneys, and judges. AKTI suggests that you consult legal counsel for guidance.

The complete State Knife law information is now available to AKTI members and non-members alike. If you find the State Knife Laws useful please consider an AKTI membership or making a contribution to AKTI.

Last Revised: November 12, 2024

Back to all AKTI State Knife Laws

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