REPORT TITLE:
Dangerous; Deadly Weapons


DESCRIPTION:
Prohibits manufacture, sale, or transfer of deadly or dangerous
weapons.  Combines existing provisions relating to deadly and
dangerous weapons in new section and makes conforming amendments.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           932
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DEADLY OR DANGEROUS WEAPONS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The purpose of this Act is to prohibit the
 
 2 manufacture, sale, transfer, or possession of deadly or dangerous
 
 3 weapons such as dirks, daggers, butterfly knives, blackjacks,
 
 4 slug shots, billy clubs, or metal knuckles.  Currently, unless
 
 5 authorized by law, a person may not carry concealed on the
 
 6 person, or be armed with, a deadly or dangerous weapon or have
 
 7 the deadly or dangerous weapon within a vehicle used or occupied
 
 8 by the person.  However, current law does not prohibit the
 
 9 manufacture, sale, or transfer of deadly or dangerous weapons.
 
10 Given that deadly or dangerous weapons are defined as instruments
 
11 closely associated with criminal activity and that their sole
 
12 design and purpose is to inflict bodily injury or death upon
 
13 another human being, there appears sufficient reason to also
 
14 prohibit the manufacture, sale, or transfer of such weapons.
 
15      In addition, this Act also incorporates existing
 
16 prohibitions against other dangerous weapons such as electric
 
17 guns and switchblades.  Presently, the prohibition against the
 
18 manufacture, sale, transfer, possession, or transportation of
 
19 switchblade knives is contained in a separate statutory section.
 

 
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 1      Furthermore, this Act incorporates current statutory
 
 2 prohibitions against the possession and sale of electric guns and
 
 3 makes it a class C felony to knowingly possess or intentionally
 
 4 use or threaten to use the electric gun while engaged in the
 
 5 commission of a crime.
 
 6      Lastly, although current statutory provisions include
 
 7 pistols in the prohibitions against:  carrying the weapon
 
 8 concealed on the person or within any vehicle used or occupied by
 
 9 the person; or being armed with the weapon, pistols are not
 
10 enumerated in the prohibitions proposed in this Act because the
 
11 carrying or possession of firearms, which include pistols, is
 
12 regulated under other existing statutory sections.
 
13      SECTION 2.  Chapter 134, Hawaii Revised Statutes, is amended
 
14 by adding a new section to be appropriately designated and to
 
15 read as follows:
 
16      "134-    Deadly or dangerous weapons; prohibitions;
 
17 penalties.  (a)  Any person, who knowingly manufactures, sells,
 
18 transfers, possesses, or transports in the State any switchblade
 
19 knife, electric gun, dirk, dagger, butterfly knife, blackjack,
 
20 slug shot, billy, metal knuckles, or other deadly or dangerous
 
21 weapon shall be guilty of a misdemeanor.
 
22      (b)  Whoever knowingly possesses or intentionally uses or
 
23 threatens to use a deadly or dangerous weapon while engaged in
 

 
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 1 the commission of a crime shall be guilty of a class C felony.
 
 2      (c)  For the purposes of this section, a switchblade knife
 
 3 is:
 
 4      (1)  Any knife having a blade that opens automatically by
 
 5           hand pressure applied to a button or other device in
 
 6           the handle of the knife; or
 
 7      (2)  Any knife having a blade that opens automatically by
 
 8           operation of inertia, gravity, or both.
 
 9      (d)  In a prosecution under this section for the
 
10 manufacture, sale, transfer, possession, or transportation of an
 
11 electric gun, it shall not be a defense that the person is a
 
12 licensed manufacturer, licensed importer, or licensed dealer of
 
13 electric guns.
 
14      (e)  Any deadly or dangerous weapon in violation of
 
15 subsection (a) or (b) shall be confiscated and disposed of in
 
16 accordance with section 134-12.5."
 
17      SECTION 3.  Section 134-17, Hawaii Revised Statutes, is
 
18 amended by amending subsection (c) to read as follows:
 
19      "(c)  Any person who violates section 134-2, 134-4, 134-10,
 
20 or 134-15[, or 134-16(a)] shall be guilty of a misdemeanor.  Any
 
21 person who violates section 134-3(b) shall be guilty of a petty
 
22 misdemeanor and the firearm shall be confiscated as contraband
 
23 and disposed of, if the firearm is not registered within five
 

 
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 1 days of the person receiving notice of the violation."
 
 2      SECTION 4.  Section 134-16, Hawaii Revised Statutes, is
 
 3 repealed.
 
 4      ["134-16  Restriction on possession, sale, gift, or
 
 5 delivery of electric guns.(a)  It shall be unlawful for any
 
 6 person, including a licensed manufacturer, licensed importer, or
 
 7 licensed dealer, to possess, offer for sale, hold for sale, sell,
 
 8 give, lend, or deliver any electric gun.
 
 9      (b)  Any electric gun in violation of subsection (a) shall
 
10 be confiscated and disposed of by the chief of police."]
 
11      SECTION 5.  Section 134-51, Hawaii Revised Statutes, is
 
12 repealed.
 
13      ["134-51  Deadly weapons; prohibitions; penalty.(a)  Any
 
14 person, not authorized by law, who carries concealed upon the
 
15 person's self or within any vehicle used or occupied by the
 
16 person or who is found armed with any dirk, dagger, butterfly
 
17 knife, blackjack, slug shot, billy, metal knuckles, pistol, or
 
18 other deadly or dangerous weapon shall be guilty of a misdemeanor
 
19 and may be immediately arrested without warrant by any sheriff,
 
20 police officer, or other officer or person.  Any weapon, above
 
21 enumerated, upon conviction of the one carrying or possessing it
 
22 under this section, shall be summarily destroyed by the chief of
 
23 police or sheriff.
 

 
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 1      (b)  Whoever knowingly possesses or intentionally uses or
 
 2 threatens to use a deadly or dangerous weapon while engaged in
 
 3 the commission of a crime shall be guilty of a class C felony."]
 
 4      SECTION 6.  Section 134-52, Hawaii Revised Statutes, is
 
 5 repealed.
 
 6      ["134-52  Switchblade knives; prohibitions; penalty.(a)
 
 7 Whoever knowingly manufactures, sells, transfers, possesses, or
 
 8 transports in the State any switchblade knife, being any knife
 
 9 having a blade which opens automatically (1) by hand pressure
 
10 applied to a button or other device in the handle of the knife,
 
11 or (2) by operation of inertia, gravity, or both, shall be guilty
 
12 of a misdemeanor.
 
13      (b)  Whoever knowingly possesses or intentionally uses or
 
14 threatens to use a switchblade knife while engaged in the
 
15 commission of a crime shall be guilty of a class C felony."]
 
16      SECTION 7.  Statutory material to be repealed is bracketed.
 
17 New statutory material is underscored.
 
18      SECTION 8.  This Act shall take effect upon its approval.
 
19 
 
20                              INTRODUCED BY:______________________