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Hawaii Legalizes Ownership, Open Carry of Butterfly Knives After Fighting Them in Court

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Hawaii Legalizes Ownership, Open Carry of Butterfly Knives After Fighting Them in Court


Hawaii has changed its tune on butterfly knives and other bladed weapons.

Governor Josh Green (D.) signed Act 021 into law on Monday. The measure amends several of the state’s weapons regulations, including a repeal of its longstanding bans on the manufacture, sale, transfer, possession, and transportation of butterfly knives, switchblades, and other non-firearm weapons. It will also allow the open-carry of those weapons–though concealed carry remains illegal.

The law took immediate effect upon the Governor’s signature.

The legislation marks a significant policy reversal for leaders in the Aloha State. Before Monday, Hawaii’s attorneys vigorously defended the state’s decades-old ban on possessing butterfly knives against a Second Amendment lawsuit by arguing that they are uniquely dangerous and associated with criminality. A three-judge panel for the Ninth Circuit Court of Appeals struck down the ban as unconstitutional last August in Teter v. Lopez. However, the state appealed that decision, and the Ninth Circuit has agreed to review the case en banc.

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Governor Green did not respond to a request for comment on his decision to sign the bill or its intended impact on the state’s ongoing lawsuit. Instead, his office directed The Reload to a written statement from the Hawaii Attorney General’s office claiming the new law “updates, clarifies, and modernizes a number of aspects of Hawaii’s weapons laws.”

“These are important regulations that protect public safety,” a spokesperson from the office said.

Attorney Alan Beck, who is helping to litigate the Teter case, called Act 21 a win because the old ban conflicted with the Supreme Court’s reading of the Second Amendment in 2022’s New York State Rifle and Pistol Association v. Bruen.

“There is no reason to criminalize the ownership of a knife just because it has a second handle or a spring,” he told The Reload. “And it is contrary to Bruen to ban the carry of melee weapons which have been in common use since the Colonial Era.”

Hawaii officials, however, quickly moved to head off any future wins by Beck in the case. Just one day after Governor Green signed the measure, attorneys for the state filed a motion to have the Teter case dismissed as moot in the Ninth Circuit.

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“In this litigation, Plaintiffs sought prospective declaratory and injunctive relief against the enforcement of Hawai’i’s butterfly-knife regulations to the extent that state law prevented them from “possess[ing] butterfly knives in their homes or . . . openly carry[ing] them in public,” the Tuesday filing reads. “Act 21 allows Plaintiffs to do precisely that. Because Act 21 is a legislative repeal of the challenged provisions, it ‘creates a presumption that the action is moot.’”

Other gun-rights advocates suggested the quick timing of the state’s law change and legal maneuvering could be the result of concerns with more than just knife policy. Kostas Moros, a gun rights attorney who handles cases in the Ninth Circuit, said in a social media post that the legalization effort was “very obviously” an effort to avoid a federal precedent that could threaten more consequential hardware bans related to things like “assault weapons” or magazines.

“They didn’t want to risk a conservative en banc panel draw that could reverse the eventual antigun ruling in Duncan, nor did they want to risk SCOTUS review in a case SCOTUS would find enticing (because butterfly knives are a low stakes way to make precedent),” he said.

Duncan is a case involving California’s ban on magazines capable of holding more than ten rounds. A federal judge struck down the ban as unconstitutional last September, and a three-judge panel for the Ninth Circuit is currently deciding whether to overturn that decision on appeal.

Before the full Ninth Circuit decided to vacate and rehear the case, the panel decision in Teter was the first and only federal appeals court ruling to strike down a hardware ban since the Supreme Court handed down its Bruen decision. On the other hand, multiple federal circuit courts have issued opinions upholding bans on ammunition magazines and semi-automatic rifles like the AR-15. 

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Beck acknowledged the state’s attempt to undermine the butterfly ban case. Still, he won’t drop the suit because, despite the change in law, concealed carrying the disputed knives is not allowed, and open carrying is not a realistic option.

“We will still continue our litigation because our clients are unable to concealed carry butterfly knives, and butterfly knives are designed to be carried in the pocket as they do not have a clip,” he said.



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Hawaii gripped by saga of frightened white baby goat trapped on high cliff ledge

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Hawaii gripped by saga of frightened white baby goat trapped on high cliff ledge


News of a baby goat stranded on a Hawaiian cliff for several days led a group of rogue rescuers on a mission to save the frightened animal.  

Four days had passed after a Waianae resident first noticed a white baby goat trapped along a steep, skinny cliffside ledge.

First spotted on Monday, the concerned resident sought rescue teams to bring the baby goat to safety.

Despite efforts from the Honolulu Fire Department, Hawaii Department of Land and Natural Resources and Hawaiian Humane Society, the goat remained confined to the towering ledge.

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Four days had passed after a Waianae resident first noticed a white baby goat trapped along a steep, skinny cliffside ledge 

Despite efforts from the Honolulu Fire Department, Hawaii Department of Land and Natural Resources and Hawaiian Humane Society, the goat remained confined to the towering ledge

Despite efforts from the Honolulu Fire Department, Hawaii Department of Land and Natural Resources and Hawaiian Humane Society, the goat remained confined to the towering ledge

As days continued to pass, hope for the animal’s rescue from the treacherous cliffside began to fade.

That was until Ben Hansen, a Kailua resident, was alerted to the goat’s predicament via social media.

‘He saw the Hawaii News Now Instagram post and he’s like, look, there’s a goat. Looks like he’s stuck,’ Hansen’s wife, Govinda Hansen, told the news outlet.

‘So he showed it to me and I’m a sucker for baby animals, or animals in general. So I was like, we need to go get this goat,’ she said.

Govinda and her husband weren’t the only ones roped into the rescue mission.

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Several Instagram users replied to the post, including two men who would eventually join the Hansen couple on their quest to save the animal.

Govinda Hansen and her husband Ben weren't the only ones roped into the rescue mission. Caleb Morrison, another avid hiker, later connected with the couple, explaining to the pair that he had climbing gear that could help them reach the troubled goat. Pictured: Govinda explaining in an Instagram post how she connected with Morrison while on their way up to the cliffside

Govinda Hansen and her husband Ben weren’t the only ones roped into the rescue mission. Caleb Morrison, another avid hiker, later connected with the couple, explaining to the pair that he had climbing gear that could help them reach the troubled goat. Pictured: Govinda explaining in an Instagram post how she connected with Morrison while on their way up to the cliffside

'The goat started to kind of panic as we approached, so we just kind of hung back, slowly inching forward and using, like, a team strategy of kind of corralling the goat,' Morrison said. Pictured: Rescuers successfully corralled the trapped animal and brought it to safety

‘The goat started to kind of panic as we approached, so we just kind of hung back, slowly inching forward and using, like, a team strategy of kind of corralling the goat,’ Morrison said. Pictured: Rescuers successfully corralled the trapped animal and brought it to safety

After a few minutes of waiting and baiting, the baby animal ventured within arms reach of Ben Hansen (pictured), who capitalized on the opportunity and 'just bear-hugged the little guy all the way down the mountainside'

After a few minutes of waiting and baiting, the baby animal ventured within arms reach of Ben Hansen (pictured), who capitalized on the opportunity and ‘just bear-hugged the little guy all the way down the mountainside’

‘A swarm of people sent me the post,’ said Caleb Morrison, ‘like, “Go save this goat, Caleb!” 

Morrison then connected with the Hansens, explaining to the pair that he had climbing gear that could help them reach the troubled goat. 

Capturing the entire, hours-long ordeal on film via a drone and cell phone video, the crew of strangers gathered at the Waianae Coast Comprehensive Center before taking off on their ascent.

Morrison, who was trailing behind Ben during the climb, said: ‘The goat started to kind of panic as we approached, so we just kind of hung back, slowly inching forward and using, like, a team strategy of kind of corralling the goat.’

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Before the group’s steep climb, the self-proclaimed ‘avid hikers’ were unsure of just ‘how big of a cliffside it was.’

'I was very relieved that we got him safely,' Govinda said. 'We named him Bala. Bala means white. He's beautiful.' Pictured: Rescuers with the baby goat

‘I was very relieved that we got him safely,’ Govinda said. ‘We named him Bala. Bala means white. He’s beautiful.’ Pictured: Rescuers with the baby goat

The goat was so hungry that it immediately drank an entire bottle of milk

The goat was so hungry that it immediately drank an entire bottle of milk

'He's happy,' Govinda (pictured) said. 'We put him down on grass and he just like chilled there. He seems to be doing good'

‘He’s happy,’ Govinda (pictured) said. ‘We put him down on grass and he just like chilled there. He seems to be doing good’

‘We weren’t exactly sure how big of a cliffside it was,’ Morrison said, ‘and we wanted to get in there as quick as possible, just because it had been there already for four days.’

Upon their eventual approach, the baby goat appeared to be ‘super skittish,’ Morrison said.

As they got within feet from the goat, Ben baited the animal with an apple, hoping it would jump into his open arms.

‘I was down the cliff under the goat, waiting to see if he jumped,’ Ben said.

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After a few minutes of waiting and baiting, the baby animal ventured within arms reach of Ben, who capitalized on the opportunity and ‘just bear-hugged the little guy all the way down the mountainside.’

Bala the goat is now at Aloha Animal Sanctuary

Bala the goat is now at Aloha Animal Sanctuary

Morrison said it took 45 minutes to bring the goat down.   

‘I was very relieved that we got him safely,’ Govinda said. 

‘We named him Bala. Bala means white. He’s beautiful.’

The goat is now at Aloha Animal Sanctuary.

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Bala was so hungry that he immediately drank an entire bottle of milk before happily prancing through the sanctuary’s lush grass.

‘He’s happy,’ Govinda said. ‘We put him down on grass and he just like chilled there. He seems to be doing good.’

 

 

 

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Cyclists unite with Rep. Greggor Ilagan to advocate for safer roads on Hawaii Island – West Hawaii Today

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Cyclists unite with Rep. Greggor Ilagan to advocate for safer roads on Hawaii Island – West Hawaii Today






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Outgoing U.S. Army Pacific commander reflects on tour of duty: ‘I want to thank Hawaii’

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Outgoing U.S. Army Pacific commander reflects on tour of duty: ‘I want to thank Hawaii’


HONOLULU (HawaiiNewsNow) – After serving more than three years as commander of U.S. Army Pacific (USARPAC), Gen. Charles Flynn will step down Friday, Nov. 8.

He took command of the U.S. Army’s largest service component command in June 2021.

“One of the most challenging things about this command is the variations of the environment and conditions that exist across Asia,” Flynn said.

While the general is charming and engaging, he is also a battle-proven soldier, as indicated by the tabs on his chest, combat infantry, airborne, air assault, and pathfinder. Gen. Flynn is a mix of two worlds, military and diplomacy.

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“There are a lot of tough decisions to be made in the coming years on a range of topics, but I think at the end of the day, that there is this trust and relationship and conversation and transparency and truth that comes from looking after one another, and caring for one another is really important,” he said.

Flynn has worked on building that trust on three fronts. First, he says, it comes to respecting the aina and the indigenous people of the islands.

“Being here and being respectful of what we are able to do, and being respectful of the people, the land, and the water, and all that goes with it is, again, that’s really an important part of actually being here,” he said.

Second, Flynn says, is building trust with other nations, like Japan, Indonesia, Thailand, Malaysia, Brunei, and Australia, as seen at the recent Land Forces Pacific of LANPAC Symposium.

USARPAC‘s area of operations covers half the globe and consists of 36 nations and six of the world’s 10 largest armies.

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“There is an automatic matching, if you will, of our ability to train here in Hawaii and then the ability to transfer that training, and advise, assist and enable the other armies in the region to improve. We are and remain the gold standard,” he said.

And third, the trust of the American people on ensuring U.S. Army soldiers are prepared for whatever missions they are called on to do.

“Our ability to train here and be able to train in the areas that we have access to here on Oahu and, of course, the Pohakuloa training area, what that really translates into is a degree of readiness that we can then bring into the region to do the things that we have to do with allies and partners in the region that are in those same environments,” he said.

As his time in command comes to an end, Gen. Flynn leaves with a grateful heart and will miss working with his soldiers in Hawaii.

At the same time, he will also miss the beauty of the islands and other aspects of life here.

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“I am going to miss my relationships and friends. I’m also going to miss surfing, I do love surfing,” Gen. Flynn said.

“I want to thank Hawaii. I want to thank the people,” he said.

Flynn will relinquish his command to Lt. Gen. Ronald Clark Friday at a ceremony on Fort Shafter.



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