RELATING TO WEAPONS.

SB433

THE SENATE

S.B. NO.

433

THIRTY-THIRD LEGISLATURE, 2025

STATE OF HAWAII

A BILL FOR AN ACT

relating
to weapons
.

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

����
SECTION
1
.
�
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
]
:

����
(1)
�
Openly on the person;

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(2)
�
Concealed
on the person[
,
]
;

or

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(3)
�
Concealed
in a bag or other
container carried by the person[
,
]
;

any dirk, dagger, blackjack, metal knuckles,
bladed weapon,

or other deadly or dangerous weapon shall be guilty of a misdemeanor; provided
that this subsection shall not apply to a billy.

����
(b)
�
Any person who
knowingly possesses or intentionally uses or threatens to use a dirk, dagger,
blackjack, metal knuckles,
bladed weapon,
or other deadly or dangerous
weapon, or a billy, while engaged in the commission of a separate felony or
misdemeanor shall be guilty of a class C felony.

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(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.

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(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.

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(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;

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(3)
�
A butterfly knife as defined in section
134-53; or

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(4)
�
An electric gun as defined in section 134-81.

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

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(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.

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(h)
�
It shall be an affirmative defense to a
prosecution for openly carrying a weapon on the person under subsection (a)(1)
that the specific weapon carried by the defendant is currently in common use in
this country for lawful self-defense purposes; provided that this affirmative
defense shall not apply if the defendant:

����
(1)
�
Carries the weapon in any sensitive
location or premises as defined in section 134-9.1(a); or

����
(2)
�
Displays the weapon with the intent
to cause alarm by a member or members of the public or in reckless disregard of
the risk thereof.

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(i)
�
It shall be an affirmative defense to a
prosecution under subsection (a)(3) that the defendant is carrying or
possessing the weapon in a vehicle or in an airport or any place, facility, or
vehicle used for public transportation or public transit and the weapon is
secured in a locked hard-sided container for the purposes of transporting the
weapon.
"

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SECTION 2.
�

This Act does not affect rights and duties that matured, penalties that
were incurred, and proceedings that were begun before its effective date.

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SECTION 3.
�

If any provision of this Act, or the application thereof to any person
or circumstance, is held invalid, the invalidity does not affect other
provisions or applications of the Act that can be given effect without the
invalid provision or application, and to this end the provisions of this Act
are severable.

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SECTION 4.
�

The courts of this state shall construe and apply this section in a
manner that is consistent with the requirements of the United States
Constitution and the Hawaii State Constitution.

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SECTION 5.
�

Statutory material to be repealed is bracketed and stricken.
�
New statutory material is underscored.

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SECTION 6.
�

This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

Report Title:

Deadly or
Dangerous Weapon; Bladed Weapon; Open Carry; Affirmative Defense

Description:

Prohibits
any person from openly carrying a deadly or dangerous weapon.
�
Includes bladed weapon in the list of deadly
or dangerous weapons.
�
Establishes an
affirmative defense to a prosecution for the purposes of lawful self-defense
and transporting a weapon.

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