Quick Legal Facts
Statewide Preemption:
None.
Concealed Carry:
Not an issue.
Schools:
Hawaiian law provides a zero tolerance policy for weapons on school grounds.
Critical Dimensions:
None
The Hawaii State Constitution with respect to arms is a verbatim copy of the Second Amendment to the United States Constitution. To the extent that it may be unclear under the State Constitution of Hawaii whether there is an individual right, at a minimum, the Second Amendment to the Federal Constitution guarantees an individual right as to Hawaiian citizens.
Hawaii statutes regarding weapons and knives may be found at Title 10, Chapter 134, captioned Firearms, Ammunition and Dangerous Weapons.
Forbidden:
Hawaii law establishes two categories of prohibited knives. “Switchblade” and “butterfly” knives cannot be legally manufactured, sold, transferred, possessed or transported within the State. These knives are defined as follows:
(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.
H.R.S. § 134-52
(a) Whoever knowingly manufactures, sells, transfers, possesses, or transports in the State any butterfly knife having a blade encased in a split handle that manually unfolds with hand or wrist action with the assistance of inertia, gravity or both, shall be guilty of a misdemeanor.
H.R.S. § 134-53
The switchblade prohibition statute does not incorporate the “bias toward closure” language, which tends to differentiate true automatic or switchblade knives from “assisted opening” knives. Accordingly, assisted opening knives may be considered illegal in Hawaii.
Sale/Transfer:
Switchblades and butterfly knives may not be sold or transferred, as indicated above.
Concealment/Carrying:
Concealment is not an issue. There are no knives which can be legally carried openly but not concealed, or vice versa.
(b) 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. Any weapon, above enumerated, upon conviction of the one carrying or possessing it under this section, shall be summarily destroyed by the chief of police or sheriff.
H.R.S. § 134-51
A cursory reading of § 134-51 might lead one to incorrectly conclude that it applies only if the described items are carried concealed upon the person or within any vehicle used or occupied by the person. The prohibition also applies to any person “who is found armed with …” a dirk or dagger for instance. The prohibition applies to concealed and/or open carry as interrupted by the Supreme Court of Hawaii in the case of State v. Ogata. 572 P.2d 1222 (1977).
As to knives, the statutory language of “other deadly or dangerous weapon” would apply to instruments closely akin to a dirk or dagger, or to edged weapons eo nomine. It does not apply to non-weapon knives, such as an ordinary pocketknife or a scuba diver’s knife. State of Hawaii v. Rackle, 523 P.2d 299 (1974).
Critical Dimensions:
None noted.
Statewide Preemption:
None. Be sure to check for local laws.
Schools:
Hawaiian law provides a zero tolerance policy for weapons on school grounds.
Licensed Carry:
Not applicable. The Hawaiian firearms license applies only to pistols or revolvers. § 134-9.