What knife would be legal to carry in Hawaii?

Hawaii is one of the strictest gun law states in the nation. But knives....well you can carry anything as long as its not double edged, automatic,or a butterfly/balisong. No limit as to blade length or carry. Heck you can carry a 12" tanto, but you'll scare away all the mermaids at the beach lol. Aloha, mike
 
someone told me that all knives no matter what shape or size is illegal in hawaii, i was thinking about wither a tasman salt, Harpy or Pacific salt for the trip but im worried about it getting confiscated by customs on the way there or back, any ideas? im just worried because of what happened to ken onion.

Ill be on Kauii if that changes anything
 
As long as its checked in your baggage and not hand carried it will be no problem. We travel between Islands alot to hunt and fish, and knives are always a vital part of our gear. What happened to Ken (I might be wrong) was his knives were stolen on the mainland side while on his way to a show(Correct me if I'm wrong). A bill was proposed this past year regarding knives and pretty much died on the spot. You're legal to carry with no Blade length limit here. Illegal= a butterfy, double edged, or auto. other than that its all good. aloha, Mike
 
thanks a bunch mike, BTW what would you suggest i bring? im gonna be doing alot of hiking, Diving, and Kayaking.
 
I have found the spyderco salt 1 a good island edc knife.

On the islands a small folder can be really handy at all times.
 
I was on Kauai around Christmas time last year and I brought along my Pac Salt, Salt I and my Kershaw Outcast (for the more remote hikes and whatnot). The pacific salt rode IWB of my boardshorts the entire time, diving, snorkeling, hiking, enjoying some mai tais barside, you know the whole time. I loved it and I would highly recommend the pacific salt.

Hit up my email cmdionne AT gmail DOT com if you want some suggestions of things to check out. You're about to have the time of your life.
 
eccvets said:
are you talking about a folder or fixed blade? also where did you get this info? I haven't seen anything in the laws which says this.:confused:
Click to expand...

right here:
Update added 4/23/2002


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

(b) 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, §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]



§134-52 Switchblade knives; prohibitions; penalty.
(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.
(b) Whoever knowingly possesses or intentionally uses
or threatens to use a switchblade knife while engaged in
the commission of a crime shall be guilty of a class C felony.
[L 1959, c 225, §1; Supp, §264-9; HRS §769-1;
ren L 1972, c 9, pt of §1; am L 1990, c 195, §4]



[§134-53] Butterfly knives; prohibitions; penalty.
(a) Whoever knowingly manufactures, sells, transfers,
possesses, or transports in the State any butterfly knife,
being a 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.
(b) Whoever knowingly possesses or intentionally uses or
threatens to use a butterfly knife while engaged in the
commission of a crime shall be guilty of a class C felony.
[L 1999, c 285, §1]



[§302A-1134.6] Zero tolerance policy.
(a) Any child who possesses, sells, or uses a dangerous
weapon or switchblade knife, while attending school or
while attending department-supervised activities held on
or off school property, may be excluded from attending
school for up to ninety-two school days, as determined
by the principal and approved by the superintendent or
other individuals designated pursuant to rules adopted
by the board...
(f) For purposes of this section:
(1) "Dangerous weapon" means a dirk, dagger, butterfly
knife, blackjack, slug shot, billy, metal knuckles, or
other instrument whose sole design and purpose is to
inflict bodily injury or death; provided that firearms
are excluded from this definition;
(3) "Switchblade knife" is as defined in section 134-52.



_____________________

1996 versions

Hawaii - Public Safety and Internal Security Section 134.51.
Carrying deadly weapons... Any person not authorized by
law, who carries concealed upon one's person or within any
vehicle... or who is found armed with any dirk, dagger...
or other deadly or dangerous weapon, shall be fined... or
imprisoned... Any weapon above enumerated, shall, upon
conviction... be summarily destroyed...
- 134-52. Whoever knowingly manufactures, sells, transfers,
possesses, or transports in the State any switchblade
knife, being a 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 fined not
more than $1,000 or imprisoned not more than one year, or
both...

Hawaii Case Law:
- "'Other deadly or dangerous weapon' is limited to
instruments whose sole design and purpose is to inflict
bodily injury or death... A 'diver's knife' is neither a
'dangerous weapon' nor a 'dagger'. 'Deadly and dangerous
weapon' is one designed primarily as a weapon or diverted
from normal use and prepared for combat... Cane,
butterfly, and kitchen knives are not deadly or dangerous
weapons... Sheathed sword cane and wooden knuckles with
shark's teeth were 'deadly or dangerous weapons..."


http://www.knife-expert.com


if you are not doing anything wrong, you really don't have anything to worry about. if you get arrested and a knife is found in your pocket, out of sight, i'd imagine you could possibly be in violation. if said knife is clipped or in a sheath, the cops would have a hard time proving intent to conceal.

since i either clip knives in my pocket, or use a sheath, i really don't worry about much. also i stay out of trouble. what others do, i really don't care. however, i doubt claiming ignorance would work upon arrest or in court.
 
Last edited:
Hawaii Case Law:
- "'Other deadly or dangerous weapon' is limited to
instruments whose sole design and purpose is to inflict
bodily injury or death... A 'diver's knife' is neither a
'dangerous weapon' nor a 'dagger'. 'Deadly and dangerous
weapon' is one designed primarily as a weapon or diverted
from normal use and prepared for combat... Cane,
butterfly, and kitchen knives are not deadly or dangerous
weapons... Sheathed sword cane and wooden knuckles with
shark's teeth were 'deadly or dangerous weapons..."

Are you sure that regular pocket knives are not exempt when in normal use and not intended for or used as weapons, like a drivers knife or a kitchen knife? California has a similar code to this one you mentioned: §134-51 Deadly weapons; prohibitions....But in cali if you look further down the text where it defines deadly weapons it says that pocket knives, when closed in the pocket are exempt. It may be similar if you have not read all the mind numbing code.
 
I do not think the statute carves out an exception for knives or even pocket knives, but there is some case law on the subject.

Arguably a pocket knife is not a “deadly weapon” under HRS Sec. 134-51. In State v. Rackle (55 Haw. 531, 523 P.2d 299, Hawaii 1974) the court noted:

As originally proposed and recommended for passage, the bill would have proscribed the carrying of a ‘knife with a blade of 2 1/2 inches or more.’ An amendment was offered and adopted which deleted this phrase from the law as it was finally enacted. This is particularly significant, because by adopting the amendment the Legislature evidenced its intention that not all instruments capable of inflicting death or serious personal injury should come within the purview of the statute.

However, by removing knives from the operation of Act 123, the Legislature did not thereby foreclose prosecution under section 6310 for ‘going offensively armed’ with a knife. What the Legislature did was to indicate clearly that a knife should not be considered a ‘deadly or dangerous weapon’ under HRS s 134-51.

I said “arguably” because at least one case went to trial involving a knife. In Giltner, from which the above quote comes, the court found that a diver’s knife did not fall within the definition of “dagger.” State v. Giltner, 56 Haw. 374, 537 P.2d 14, Hawaii 1975.

The Giltner court decision was from an appellate court, which reversed a lower court’s decision that a driver’s knife was a “dagger” within the meaning of the statute. We should conclude from this that Judges have reached different conclusions on the matter. Law enforcement personnel may do the same. Some may be very informed, others less so. Even if one would ultimately prevail in a court of law, the best case scenario is to avoid an arrest and court.

Be discreet and well-informed.
 
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