Bill Text: HI SB3031 | 2024 | Regular Session | Introduced

Hawaii Senate Bill 3031

Introduced

Bill Title: Relating To Weapons.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-26 - Referred to PSM, JDC. [SB3031 Detail]

Download: Hawaii-2024-SB3031-Introduced.html

THE SENATE	S.B. NO.	3031
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO WEAPONS.

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

SECTION 1. The purpose of this Act is to clarify, update, and revise Hawaii's laws relating to weapons in order to address hazards to public health, safety, and welfare.

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 or use 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 or intentionally use or threaten to use 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.

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 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.~~]; provided that this subsection shall not apply to a billy. Any such 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~~] 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) 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.

(e) For purposes of this section, "billy" includes a cudgel, truncheon, police baton, collapsible baton, billy club, or nightstick.

(f) 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~~] carries concealed on the person in the State any switchblade knife, being any knife having a blade [~~which~~] that 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.

(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."

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~~] carries concealed on the person 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~~] 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.

(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."

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 upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST

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, regarding switchblade knives, and regarding butterfly knives.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.