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 current state of the law in Hawaii regarding automatic knives is tied up with a larger dispute about the Second Amendment, Bruen, and state’s rights. This dispute is without precedent in modern law.
It started with a group challenging Hawaii’s law prohibiting possession of certain kinds of knives, balisongs, in particular. In response to the suit, the Teter case, which the plaintiffs won at the trial court level, the Hawaiian legislature repealed the challenged law, which ended the litigation as the appellate court found the case to be moot (that is, without a live legal dispute) and dismissed it without reaching the merits.
After that, the Hawaiian Supreme Court, in State v. Wilson, issued a ruling so narrow on Bruen under its state constitution that it essentially rejected the US Supreme Court’s holding. They are, so far, the first and only state supreme court to do this. This move by the Hawaiian Supreme Court is part of a larger offensive by the court to push back on many of the rulings coming from what Hawaiian Supreme Court Justice Todd Eddins calls “the Roberts Court.” Justice Eddins’ criticism is well-reasoned and broad, confronting and rejecting many of the holdings of the past five years.
So far, these pushbacks have not been litigated at the US Supreme Court. Our country is one of dual sovereigns, and the US Supreme Court has a limited role in reviewing the opinions of state supreme courts, so this pushback from the US Supreme Court may take a while. In the meantime, how the Second Amendment is interpreted in Hawaii and how those cases apply to knife owners and knife laws is unclear.
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 October 2025, by Anthony Sculimbrene.
See also:
The Federal Switchblade Act – Is it Constitutional?
Is the Federal Switchblade Act Invalid?
Hawaii Without an FSA in the Know Your Knife Laws section.
Applying Knife Law Standards – State v Wilson
Search for “Bruen” on our website to find several explanation articles.