Bill Text: HI HB2342 | 2024 | Regular Session | Amended
Bill Title: Relating To Weapons.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2024-05-13 - Act 021, 05/13/2024 (Gov. Msg. No. 1121). [HB2342 Detail]
Download: Hawaii-2024-HB2342-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2342 |
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THIRTY-SECOND LEGISLATURE, 2024 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO WEAPONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
2. Chapter 134, Hawaii Revised
Statutes, is amended by adding to part I a new section to be appropriately
designated and to read as follows:
"§134- Carrying
of a firearm in the commission of a separate misdemeanor;
penalty. (a) It shall be unlawful for a person to
knowingly carry on the person or have within the person's immediate control a
firearm while engaged in the commission of a separate misdemeanor offense,
whether the firearm was loaded or not, and whether operable or not; provided
that a person shall not be prosecuted under this section when the separate
offense is an offense otherwise defined by this chapter or is the offense of
criminally negligent storage of a firearm under section 707-714.5.
(b) A conviction and sentence under this section
shall be in addition to and not in lieu of any conviction and sentence for the
separate misdemeanor; provided that the sentence imposed under this section may
run concurrently or consecutively with the sentence for the separate
misdemeanor.
(c) Any person violating this section shall be
guilty of a class C felony.
(d) For the purposes of this section,
"misdemeanor" does not include a petty misdemeanor."
SECTION 3. Section 134-51, Hawaii Revised Statutes, is
amended to read as follows:
"§134-51 Deadly or
dangerous weapons; prohibitions; penalty. (a) Any person, not authorized by law, who knowingly carries concealed
[upon] on the [person's self or within any vehicle used or
occupied by the person or who is found armed with] person, or in a bag
or other container carried by the person, 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.]; provided that this
subsection shall not apply to a billy.
(b) [Whoever]
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 [crime]
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."
SECTION 4. Section 134-52, Hawaii Revised Statutes, is
amended to read as follows:
"§134-52 Switchblade knives; prohibitions; penalty. (a)
Whoever knowingly [manufactures, sells, transfers, possesses, or
transports in the State] carries concealed on the person, or in a bag or
other container carried by the person, 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] separate felony or misdemeanor shall be guilty of a
class C felony[.]; provided that a person shall not be prosecuted
under this subsection when the separate felony or misdemeanor is an offense
otherwise defined by this chapter.
(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) It shall be a defense to a prosecution under
subsection (a) that the person was lawfully present in the person's own home at
the time of the offense.
(e) For the purposes of this section,
"switchblade knife" means any knife having a blade that opens
automatically by:
(1) Hand pressure applied to a button or
other device in the handle of the knife; or
(2) Operation of inertia, gravity, or both."
SECTION 5. Section 134-53, Hawaii Revised Statutes, is
amended to read as follows:
"[[]§134-53[]] Butterfly knives; prohibitions; penalty. (a)
Whoever knowingly [manufactures, sells, transfers, possesses, or
transports in the State] carries concealed on the person, or in a bag or
other container carried by the person, 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] separate felony or misdemeanor shall be guilty of a class
C felony[.]; provided that a person shall not be prosecuted under
this subsection when the separate felony or misdemeanor is an offense otherwise
defined by this chapter.
(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) It shall be a defense to a prosecution under
subsection (a) that the person was lawfully present in the person's own home at
the time of the offense.
(e) For the purposes of this section,
"butterfly knife" means any 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."
SECTION 6. Every provision in this Act and every
application of each provision in this Act is severable from each other. If any application of any provision in this
Act to any person or group of persons or circumstances is determined by any
court to be invalid, the remainder of this Act and the application of the Act's
provisions to all other persons and circumstances shall not be affected because
it is the legislature's intent that all valid applications shall remain in
force.
SECTION 7. This Act does not affect rights and duties
that matured, penalties that were incurred, and enforcement proceedings that
were begun before its effective date.
SECTION 8. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION 9. This Act shall take effect on July 1, 3000.
Report Title:
Weapons; Deadly or Dangerous Weapons
Description:
Prohibits carrying or using a firearm in the commission of a separate misdemeanor offense. Amends and clarifies prohibitions regarding deadly or dangerous weapons, switchblade knives, and butterfly knives. Effective 7/1/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
