HRS §134-51 Deadly or dangerous weapons; prohibitions; penalty
134-51. Deadly or dangerous weapons; prohibitions; penalty
(a) Any person, not authorized by law, who knowingly carries concealed on the person, or in a bag or other container carried by the person, any dirk, dagger, blackjack, metal knuckles, or other deadly or dangerous weapon shall be guilty of a misdemeanor; provided that this subsection shall not apply to a billy.
(b) Any person who
knowingly possesses or intentionally uses or threatens to use a dirk, dagger,
blackjack, metal knuckles, or other deadly or dangerous weapon, or a billy,
while engaged in the commission of a separate felony or misdemeanor shall be
guilty of a class C felony.
(c) A conviction and
sentence under subsection (b) shall be in addition to and not in lieu of any
conviction and sentence for the separate felony or misdemeanor; provided that
the sentence imposed under subsection (b) may run concurrently or consecutively
with the sentence for the separate felony or misdemeanor.
(d) Upon conviction
of a person for carrying or possessing a deadly or dangerous weapon pursuant to
this section, the deadly or dangerous weapon shall be summarily destroyed by
the chief of police or sheriff.
(e) Notwithstanding
any provision to the contrary, this section shall not apply to:
(1) A firearm, whether loaded or not, and whether
operable or not;
(2) A switchblade knife as
defined in section 134-52;
(3) A butterfly knife as
defined in section 134-53; or
(4) An electric gun as
defined in section 134-81.
(f) For purposes of
this section, "billy" includes a cudgel, truncheon, police baton,
collapsible baton, billy club, or nightstick.
(g) It shall be a
defense to a prosecution under subsection (a) that a person was lawfully
present in the person's own home at the time of the offense.
[L 1937, c
123, §1; RL 1945, §11114; RL 1955, §267-25; HRS §727-25; ren L 1972, c 9, pt of
§1; am L 1977, c 191, §2; am L 1983, c 267, §1; gen ch 1985; am L 1989, c 211,
§10; am L 1990, c 195, §3 and c 281, §11; am L 1992, c 87, §4; am L 1993, c
226, §1; am L 1999, c 285, §2; am L 2024, c 21, §4]