[PART III. DANGEROUS WEAPONS] §134-51 Deadly or dangerous weapons; prohibitions; penalty. (a) Any person, not authorized by law, who knowingly carries concealed on the person, or in a bag or other container carried by the person, any dirk, dagger, blackjack, metal knuckles, 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, 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. (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. [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; am L 2024, c 21, §4]
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