Hawaii

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

Published

2 months ago

May 14, 2024

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.

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.

“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.

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

Woman charged for prohibited rifle, ammo discovered during traffic stop

Published

1 hour ago

July 26, 2024

Press Room

Woman charged for prohibited rifle, ammo discovered during traffic stop

HONOLULU (HawaiiNewsNow) – Hawaii County’s prosecuting attorney said a Hilo woman has been charged with prohibited possession of a rifle and ammo as well as felony drug offenses.

Police said Jackie Carter, 30, was arrested and charged following a vehicle traffic stop off Kilauea Avenue.

According to police reports, after executing a search warrant of the vehicle Carter was driving, officers recovered a Remington bolt action rifle and live .243 ammunition.

Officials said Carter was charged with the following offenses:

Ownership or possession of a firearm prohibited
Ownership or possession of ammunition prohibited
Promoting a dangerous drug in the third degree (possess any amount of methamphetamine)
Promoting a dangerous drug in the third degree (possess any amount of oxycodone hydrochloride)
Promoting a harmful drug in the fourth degree (possess any amount of alprazolam)
Driving without a license
Not having no-fault insurance

The prosecutor’s office said Carter faces a penalty of a five-year prison term or four years probation and up twelve months in jail.

Officials said she remains in custody in lieu of $84,000 bail.

Police ask anyone with information on the incident to call CrimeStoppers at (808) 961-8300.

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Hawaii

‘Bring my A game’: Hawaii surfer Carissa Moore hopes to defend her Olympic gold title

Published

8 hours ago

July 26, 2024

Press Room

‘Bring my A game’: Hawaii surfer Carissa Moore hopes to defend her Olympic gold title

HONOLULU (HawaiiNewsNow) – Carissa Moore is the most decorated competitive surfer in Hawaii’s history, topping former World Champs John John Florence, Andy Irons and Sunny Garcia.

And she’s the only Hawaii surfer to ever win Olympic gold in surfing.

Of course, Duke Kahanamoku won multiple medals, but those were in swimming.

“It was super, super special to you know, I felt like through the Olympic journey, last time, I felt like I got to learn a lot about Duke Kahanamoku and his legacy and feel a deeper connection and pride for where I come from, the place treally raised me, the waves, my community and being able to like, represent and surf for something bigger than myself,” Moore said.

Moore competed in the 2020 Tokyo Summer Olympics, which was held in 2021 due to the pandemic, and became the first-ever winner of the Olympic gold medal in women’s shortboard surfing.

“Obviously getting to win in Tokyo in 2021 was so so special. But so many things had to fall into place. And so I don’t really feel too much pressure to have to back it up,” she said. “The Olympics far exceeded my expectations that I had, it was the first time so I didn’t really know what was going to happen or how it was gonna change surfing or, you know, if it was just gonna be like another CT event.”

“But it definitely did feel like a bigger stage.”

That’s in the rear view mirror now. Since the landmark victory, Moore has been able to get some me-time.

Previous Coverage: Carissa Moore is stepping away from competitive surfing, but she left a lasting impact

“So I, I’ve actually got to have a few months to just relax and go to Japan with my Nana and my sister. And, you know, I decided to step away from competing full time this year to focus on the Olympics, but also have some time to like, do other things. So it’s been a nice balance of both,” Moore explained.

In preparation for the Olympics, Moore has been logging a considerable amount of time training down in Tahiti on a wave that is not for the faint of heart.

“It’s one of the most intense, intimidating, challenging waves to surf, you really have to have a high level of skill to like read the wave and navigate the steep takeoff. And obviously, there’s a huge risk involved. There’s a shallow reef and you could get very hurt, but you could also have the ride of your life. Comfortable level is, you know, it’s getting there. I think the more than I spend time at the wave and hopefully learn and, and you know, just get the reps up, that will help me to feel more confident. But at this point, I don’t, I don’t know if you can ever feel like 100% comfortable,” Moore said.

Then there’s the competition, the best of the best will be there, including one Tahitian woman who has the luxury of a home break advantage.

“Everyone’s earned their spot and are very, very talented and experienced,” Moore said. “And I’m gonna have to bring my A game if I want to do well there and put in the work.”

Among Moore’s accolades is 11 national titles, five world titles and the Olympic gold title. While she’s a fierce competitor in the water, Moore says it takes a lot to tap into that side of her.

“It’s definitely not natural for me to like, just be super competitive, or confrontational. But like, you have to have a little bit of that like hunger and drive and fire and like get up close and personal at times,” she added.

When asked if another Olympic gold medal could a be trigger back to competing for the world championship again, she responded:

“I don’t know honestly, I haven’t really thought too much further than this summer I’m just trying to really simplify things… I will definitely give myself some space to kind of figure out what I want to do next.”

Win or lose, Moore’s next move will involve her Moore Aloha Foundation which aims to help girls and women navigate the waves of mental health and wellness, and create a life of positivity, purpose and passion.

Her message to young people?

“If I had any advice to the young ones coming up, or just anyone in general, I think just this belief that anything really is possible with hard work and dedication and a lot of love and a lot of aloha. Yeah, you can achieve your wildest dreams. I truly believe that.”

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Hawaii

Big expansion of Hilo Harbor entrance still in the works – West Hawaii Today

Published

16 hours ago

July 26, 2024

Press Room

Big expansion of Hilo Harbor entrance still in the works – West Hawaii Today

A $62 million plan to expand the entrance to Hilo Harbor still needs some time in the oven.

The state Department of Transportation last year received $15 million to acquire several privately owned parcels on Kalanianaole Street for the project.

The five parcels under consideration are directly adjacent to the harbor property and would allow DOT to develop additional traffic lanes between Kuhio and Kahana streets and more off-street space for semitrucks. The buildings on those parcels would be demolished.

According to a draft environmental assessment published in June 2023, expanding the entrance to the harbor is necessary to alleviate the heavy traffic in the area, where cargo vehicles, cruise ship passengers and nearby school traffic all frequently coincide.

The draft EA states the project would allow the harbor to separate cargo traffic and cruise ship passengers and improve emergency escape routes out of Keaukaha.

The final draft EA was scheduled for release by the end of 2023. More than halfway through 2024, that final draft has not been published, although DOT has stated it’s coming soon.

DOT spokeswoman Shelly Kunishige said the final draft should be published this fall, adding that the delay was because the consultants writing the report are taking into account the large amount of public testimony submitted during the draft assessment’s public comment period.

While that public testimony is still not publicly available, the project was unpopular among Keaukaha property owners during public outreach efforts last year. The five parcels being considered for state acquisition total 9.38 acres, and are home to several businesses that would be displaced if the project goes through as written.

During a public hearing about the draft assessment last year, Greg Gadd — who owns or controls four of the five parcels — said the state has undervalued the land. The assessment estimated that the five parcels together are worth $15 million to $17 million.

The draft EA states that DOT can acquire the parcels via condemnation, wherein the state can seize private property for a project, with due compensation to the owners.

Nani Vermillion, agent for Gadd’s Big Island Homes and Land, said via email earlier this month there has been no further communication from the state about the project since last year.

The five parcels include a trio of lots just over 1 acre each on the downtown Hilo side of the harbor entrance, and a 5.55-acre and a 0.74-acre parcel on the Keaukaha side.

Establishments on those parcels include Maikai Auto Body &Paint, Hilo Auto Sales &Rentals, Hilo Food Hub, Ocean Front Kitchen, Service Rentals and Supplies Inc., and Zion’s House of Praise Holiness Church.

The assessment acknowledges the businesses within the parcels will have to relocate or cease to exist, but adds that they will have more than two years to do so before any demolition takes place.

The document estimated that once the final assessment is published, acquisition of the parcels would be completed within two years, with design and construction to begin subsequently and take two to three years.

Based on that time frame, the assessment estimated the project would be completed by 2029. But because that estimate was predicated on the assumption that the final assessment would be published by the end of 2023, the actual completion date is presumably 2030 or beyond.

The full project cost, including the cost of acquiring the parcels, is estimated to be around $62 million.

Email Michael Brestovansky at mbrestovansky@hawaiitribune-herald.com.

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