[PART
III.Ā  DANGEROUS WEAPONS]



 



Ā§134-51Ā  Deadly weapons; prohibitions;
penalty.Ā  (a)Ā  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.Ā  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.



(b)Ā  Whoever knowingly possesses or
intentionally uses or threatens to use a deadly or dangerous weapon while
engaged in the commission of a crime shall be guilty of a class C felony. [L
1937, c 123, Ā§1; RL 1945, Ā§11114; RL 1955, Ā§267-25; HRS Ā§727-25; ren L 1972, c
9, pt of Ā§1; am L 1977, c 191, Ā§2; am L 1983, c 267, Ā§1; gen ch 1985; am L
1989, c 211, Ā§10; am L 1990, c 195, Ā§3 and c 281, Ā§11; am L 1992, c 87, Ā§4; am
L 1993, c 226, Ā§1; am L 1999, c 285, Ā§2]



 



Cross References



 



Ā  Sheriff, etc., see
Ā§26-14.6.



 



Rules of Court



 



Ā  Arrest without
warrant, see HRPP rule 5(a).



 



Case Notes



 



Ā  Probable cause for
violation of section when police officer saw gun in vehicle stopped for
speeding.Ā  430 F.2d 58.



Ā  License to carry
weapon as justification.Ā  10 H. 585.



Ā  Weapons discovered in
automobile lawfully stopped for traffic offense; legality of search and seizure
considered.Ā  50 H. 461, 443 P.2d 149.



Ā  Mentioned in
connection with arrest without warrant after seeing pistol in automobile.Ā  52
H. 497, 479 P.2d 800.



Ā  "Other deadly or
dangerous weapon" is limited to instruments whose sole design and purpose
is to inflict bodily injury or death.Ā  55 H. 531, 523 P.2d 299.



Ā  A "diver's
knife" is neither a "dangerous weapon" nor a
"dagger".Ā  "Deadly and dangerous weapon" is one designed
primarily as a weapon or diverted from normal use and prepared for combat.Ā  56
H. 374, 537 P.2d 14.



Ā  Cane, butterfly and
kitchen knives are not deadly or dangerous weapons.Ā  56 H. 642, 547 P.2d 587.Ā 
Sheathed sword-cane and wooden knuckles with shark's teeth were "deadly or
dangerous weapons".Ā  58 H. 514, 572 P.2d 1222.



Ā  Statute does not
require that weapons be "concealed" within the vehicle.Ā  58 H. 514,
572 P.2d 1222.



Ā  Vehicle stop being
proper, seizure of weapons in plain view was authorized.Ā  58 H. 514, 572 P.2d
1222.



Ā  Shotgun is a deadly
or dangerous weapon.Ā  61 H. 135, 597 P.2d 210.



Ā  A .22 caliber rifle
is a "deadly or dangerous weapon."Ā  63 H. 147, 621 P.2d 384.



Ā  Nunchaku sticks are
not per se deadly or dangerous weapons.Ā  64 H. 485, 643 P.2d 546.



Ā  The crime underlying
a subsection (b) offense is, as a matter of law, an included offense of the
subsection (b) offense, within the meaning of Ā§701-109(4)(a), and defendant
should not have been convicted of both the subsection (b) offense and the
underlying second degree murder offense; thus, defendantā€™s conviction of the
subsection (b) offense reversed.Ā  88 H. 407, 967 P.2d 239.



Ā  "Billy" as
used in this section refers to "policemanā€™s club" or
"truncheon"; a club-like implement designed for purpose of striking
or killing fish is not a "billy"; section extends only to weapons
deadly or dangerous to people.Ā  10 H. App. 404, 876 P.2d 1348.



Ā  Cited:Ā  10 H. App.
584, 880 P.2d 213.