What Are Hawaii Knife Laws?
Though Hawaii has a history of knife manufacture and usage dating back centuries, recent laws have placed practical limits on the manufacture, sale and possession of selected knives in Hawaii. Both the Hawaii Revised Statutes and municipal ordinances in a number of counties and cities comprise the legal framework controlling all aspects of knife use. The laws formerly concentrated on the use of swords or sabers with a hilt, or forcing knife blades through the palm of the hand. The bulk of the prohibitions now apply to "switchblade" knives or automatic knives.
Hawaii Revised Statute 134-21 (1) defines a switchblade knife as a knife with a blade that opens automatically by gravity, centrifugal force, or by any other mechanical means. Section 134-21 (2) makes it unlawful to manufacture, import, sell, transfer, keep for sale, possess, purchase or acquire a switchblade knife, or even to possess one with intent to sell, transfer, keep for sale or purchase. Section 134-23 makes it unlawful to carry a switchblade knife on one’s person or into a vehicle, either openly or concealed.
For purposes of statutory construction, it is notable that Hawaii does not distinguish between types of knives, but rather refers to "blades" of various dimensions or configurations. So-called "dirk knives" consist of two sections: a knife blade of a certain fixed length, and a detachable hilt . Section 134-51(2) declares it is unlawful to manufacture, import, sell, offer to sell, keep for sale, or transfer a dirk knife with a blade over three inches in length.
Many individuals who move to the Hawaiian islands are under the impression that "traditional Hawaiian weapons" are legally permitted. While "ku and spear" and "leiomano" "food gathering tools" are the subject of state statutes declaring them to be Hawaiian weaponry, in fact there are no prohibitions preventing their manufacture, sale, transfer or ownership. Section 137-51 of the Hawaii Revised Statutes does restrict the carrying of food gathering tools unless they are enclosed in a container or sheath made for the purpose of storing or carrying the tool.
Hawaii law generally prohibits the manufacture, possession, transportation and sale of armbrass, throwing stars, nunchaku, or shuri-stiks. Those accessories are classified as dangerous instruments, and violators of the statute are guilty of a petty misdemeanor, with a maximum penalty of six months imprisonment and/or a fine of $500, depending on the county in which the infraction occurs. Windbreaker knives (essentially knives with a plastic or rubberized blade, permitting users to deliver a blow to soft targets such as the neck) and non-metallic knives (similar in dimension and appearance, but made from non-metallic materials) are generally exempted from all prohibitions and restrictions set forth in this chapter of the Hawaii Revised Statutes.
Legal Knives in Hawaii
Barring various exceptions for lawful business or professional operations, the following knives are legal to possess in Hawaii: (1) all types of folding knives (with or without a locking mechanism) except for switchblade knives as defined below; (2) fixed blades with a blade length of 12 inches or less that exhibit a significant bend (i.e., a clip point); and (3) fixed blades with a blade length of 12 inches or less that do not exhibit a significant bend. Notably, hunting knives (including, but not limited to, skinning knives, boning knives, fillet knives) are legal in the State of Hawaii.
Prohibited Knives and Restrictions
Hawaii knife laws are very broad in their definition of what sorts of knives are and are not allowed. According to the legal code, "any fixed blade knife with a blade length of, or greater than, 3 inches is prohibited in Hawaii if it is concealed." If it is not concealed, the fixed blade must be less than 12 inches in length. Folding knives with a blade length of greater than 5 inches may only be carried openly. Any butterfly knives fall under the same restrictions as folding knives. A cane sword, which is a cane that conceals a sword or blade, is not allowed in Hawaii. Switchblades are illegal as well.
Swords and machetes are allowed in Hawaii, though sword canes are not. A machete with a blade length shorter than 26 inches is legal, as is a machete with a curved blade, though these sorts of machetes usually violate Hawaii’s open carry law due to their length. While all of these knives can be legal, possessing them under certain conditions can land you with a Class B felony for carrying a dangerous weapon in the state. This felony includes imprisonment of up to 10 years and fines.
Carrying a Knife in Public
Knives that are over 2.5 inches long may not be carried in public in Hawaii in a concealed manner. Concealed does not mean being hidden from sight but, rather, being substantially concealed from observation by others. Carrying in a belt pack is considered to be concealed and, therefore, illegal. A pack slung or carried on the body is not considered concealed if the zipper or flap of the pack is unfastened. Knives over the above-mentioned limit should be carried in a sheath or other container that may be closed while being carried if the knife would normally be considered a dirk, dagger, ice pick, bowie knife, trench knife, stiletto, or sword in its fully open position.
Dirk, dagger, ice pick, bowie knife, stiletto, and trench knives have been defined on a few occasions as weapons with blades that are separate from the handle; have an enlarged guard to protect the user’s hand from slipping onto the blade; or the blade does not fold into the handle. Sheath knives which are knives worn in scabbards attached to the person, may be worn on the person in the open.
Second, different islands have different laws. For example, knives may be carried on the island of Maui in the open if they are worn in a sheath, or some other container, attached to the person. On the island of Molokai, knives over 2.5 inches in blade length may be carried in the open unless contrary to regular practice in the place where they are carried. In Honolulu County, knives over 2.5 inches in length may be carried in the open if they are being transported directly from one’s residence to his/her temporary place of residence and knives in sheath at airport. In the City of Pahoa viewing the proposed ordinance carried knives in open or in sheath by order of police captain until enacted and after its enactment in 2016 directors of recreation may grant permits for carrying knives under two different circumstances: (a) knives may be carried on county west coast in open if they are being transported directly from one’s place of residence to the fully enclosed baseyard; or (b) knives may be carried on county’s west coast, if they are being transported directly from one’s place of residence to a job site.
Using a Knife for Self-Defense
According to the Hawaii Revised Statute:
ยง703-304 Use of force in self-defense.
(1) The use of force justifiable for protection of self. The use of force by the defendant upon or toward the person of another is justifiable when the defendant believes that such force is necessary to defend himself or a third person against the use or imminent use of unlawful force by the other[.]
(2) Limitation on use of force for protection of self . The use of force is not justified under this section when:
(a) The actor intentionally provokes another person into attacking him or another primarily for the purpose of defending himself or a third person against such attack; or
(b) The actor knows that he can avoid the necessity of using such force with complete safety by retreating and that retreat under the circumstances is not prohibited by law, except that the actor is not obliged to retreat from his place of abode which he occupies.
(3) The use of force for protection of third persons is not subject to the limitations precluding the use of force for protection of self. This justification extends to justifiable force in defense of the actor’s family as set forth in section 703-306.
Hunting and Fishing Knives
Few states hold more traditions than Hawaii when it comes to hunting, fishing, and harvesting and preparation of native Hawai’ian food. The culture has its origins in ancient Polynesian civilization and the hunting and fishing practices still play an important role today.
The laws surrounding the possession and use of knives in order to hunt and fish is a little different than other areas of the law. This section outlines the types of knives typically used and limitations or restrictions, if there are any.
There are no special laws or exemptions on the possession of knives for hunting and fishing activities.
What to Do if You Get Arrested for a Knife Offense
If you are arrested or charged with a knife crime in the State of Hawaii, it is important that you seek out the guidance of an experienced defense attorney immediately. Your attorney will provide a critical first line of defense in your quest for continued freedom.
Never speak with law enforcement officers before you have had a chance to retain the services of an attorney. They are not on your side, and without representation, anything you say to them can be used against you in a court of law.
Additionally, if you or a family member are being questioned by law enforcement regarding this type of crime, do not say anything or make any statements that may be interpreted as an admission of guilt. Give the officers the same advice any attorney would in this type of situation – don’t talk without legal representation present.
Knife crime violations are punishable by incarceration, stiff fines, and both civil and martial consequences. If you find yourself facing a knife-related offense, you need qualified legal representation who can effectively defend your case and advocate fiercely on your behalf.
Crucial Tips for Knife Possession in Hawaii
1. Do Not Conceal Your Blade
In Hawaii, it is illegal to carry most knives concealed. If you’re carrying a knife, make sure it’s in plain view, either by having it on display on you and/or on a sheath. A concealed knife is considered a deadly weapon under Hawaii law and you will face severe legal penalties.
2. Handle with Care
While there are no specific duties to warn that apply to knives, you might consider placing warning labels or tags on the sheath of your knife to let knife owners know that they are handling a potentially dangerous tool or weapon. You should also advise knife owners to take care when opening, closing, utilizing and storing their knives. Over time, blades may weaken and your knives may become less safe. If you’re manufacturing knives, consider adding a cautionary statement to warn users about the risks associated with using dull blades. You also might want to add other precautions, such as "do not use as can opener" or "do not use as hammer" .
3. Always Know Your Location
Once you’ve determined whether the knife you’re offering or selling meets the legal definition of deadly weapon, be sure that you know all of the knife- and sword-related laws in your city, county, and state. The failure to know the law may be your undoing.
4. Be Honest & Forthcoming About Safety
For instance, do you offer metal detector services for hikers who forget that their knife is lurking in their pants pocket? If so, be honest about it. Don’t mislead customers about how to safely possess or carry their knives.
5. Check Local Carry Laws
You may be rightfully on the hook for failing to inform your customers about Hawaii knife laws, but be sure not to shift too much risk onto the shoulders of potential knife buyers as well. Only sell knives in jurisdictions in which you understand all of the knife and sword related laws.