Hawaii
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.
Hawaii
Towering lava fountains of Hawaii’s Kilauea volcano trigger park and highway closures
HONOLULU — The latest lava fountaining episode of an erupting Hawaii volcano reached 1,000 feet high Tuesday, prompting temporary closures at a national park and part of an important highway because of falling glassy volcanic fragments, including ash.
Kilauea, on Hawaii’s Big Island, has been dazzling residents and visitors for more than year with an on-and-off eruption that periodically sends fountains of lava soaring into the sky.
The fountaining that began Tuesday morning marked the eruption’s 43rd episode since it began in December 2024. A livestream showed two fountains of bright-red lava and smoke. It’s unclear how long the fountaining will last. Some episodes have lasted a few days and others a few hours.
Like other times, the molten rock was confined within Kilauea’s summit crater inside Hawaii Volcanoes National Park and hasn’t threatened homes or buildings.
But the lava fountains were creating trouble for neighboring communities and a highway where the volcanic fragments and ash, known as tephra, was falling. The tephra prompted temporary closures at the national park around the summit and a partial closure of Highway 11, an important route around the island, on either side of the park.
Hawaii County officials also opened a shelter at a district gymnasium for residents and tourists impacted by the road closure or falling tephra. There were no people using the shelter soon after it opened, said Tom Callis, a county spokesperson.
The National Weather Service issued an ashfall warning.
Volcanic tephra can irritate eyes, skin and the respiratory system, according to county officials. Tephra also can clog and cause other problems with water catchment collection systems, which are common in some parts of the Big Island, officials said.
Ash fell so heavily during a previous fountaining episode that some communities needed help from county civil defense workers to clean up ash that coated their homes, Callis said.
Kilauea is one of the world’s most active volcanoes.
Hawaii
Episode 43: Volcano Warning issued for Kilauea due to falling ash and tephra
HAWAII VOLCANOES NATIONAL PARK (HawaiiNewsNow) – The U.S. Geological Survey has upgraded the Kilauea alert level to a Volcano Warning due to fallout of the latest high-fountaining at Halemaumau crater.
The National Weather Service also issued an ashfall warning until 5 p.m. Tuesday for Hawaii Volcanoes National Park and communities to the northeast, including Volcano, Glenwood and Mountain View.
Episode 43 began Tuesday at 9:17 a.m. HST with more than a quarter-inch of accumulated tephra, including ash and other volcanic particles, reported within the first 90 minutes.
The USGS said fallout up to the size of footballs was reported at lookouts within Hawaii Volcanoes National Park, creating hazardous ground conditions.
The National Weather Service said the plume from this episode rose to 25,000 feet. Surface level winds are reported coming from a southerly direction, which means that volcanic gas emissions and fallout may be distributed to areas northeast of the summit.
Communities adjacent and downwind of the eruption need to take necessary precautions for elevated tephra fallout and volcanic gases.
Closures in effect, shelter open
Highway 11 is closed on either side of Hawaiʻi Volcanoes National Park (HVNP) at mile markers 24 and 40. HVNP is also closed.
The County of Hawaiʻi has opened a shelter at Kaʻū District Gym, 96-1219 Kamani St., Pāhala, for residents and visitors impacted by the road closure or falling tephra.
Safety information
Volcanic tephra, including ash, can irritate eyes, skin, and the respiratory system. Take necessary precautions to limit exposure.
- If you have a respiratory condition, avoid contact with ash. Stay indoors until it is safe to go outside.
- Close doors and windows, where possible.
- Wear masks, gloves and eye protection when in contact with ash.
- Do not drive in heavy ashfall.
Tephra also can clog and cause other problems with water catchment collection systems.
- Temporarily disconnect the gutters feeding into the tank. Do not reconnect the system until the volcanic hazards (i.e. ash, laze, Pele’s hair in the air) have passed and the ash and debris are washed off the roof, out of the gutters and the tank.
Use caution when clearing rooftops of ash.
Road closures may occur without warning.
Click here for updates on Kilauea.
Copyright 2026 Hawaii News Now. All rights reserved.
Hawaii
Hawaii pilot program aims to curb evictions | Honolulu Star-Advertiser
A new statewide pre-eviction mediation law that went into effect last month has already had success in keeping Hawaii tenants in their homes.
The two-year pilot program requires landlords to participate in mediation talks before filing residential eviction notices for nonpayment of rent. It’s intended to prevent unnecessary evictions and help ease court congestion by resolving landlord-tenant disputes before they escalate.
The legal basis for the program comes from Hawaii State Legislature Act 278 passed last year and was signed into law on July 2.
This builds on the success of earlier mediation initiatives in Hawaii like Act 57, which was passed by the state House of Representatives in 2021 during the height of the COVID-19 pandemic to curtail a surge in eviction cases. That law required landlords to engage in mandatory, pre-eviction mediation with their tenants and attempt to find mutually agreeable solutions to settle rent disputes before going to court.
Act 57 ran out of funding and subsequently expired in August 2022. But while it was on the books it boasted an impressive success rate: Out of 1,379 rent mediations conducted by the Mediation Centers of Hawaii (MCH) — an Oahu-based umbrella organization directing cases to local mediation centers — 87% of parties reached an agreement. It is credited with diverting more than 1,200 eviction cases away from the court system.
State lawmakers have praised the new pilot program as an offshoot of the most effective parts of the now-defunct COVID-era bill.
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“We are taking the lessons learned during COVID and testing a professionalized, pre-eviction framework through this pilot program,” state Sen. Troy Hashimoto of Maui said in a news release. “Instead of relying on limited resources in the courts, this data-driven approach encourages early dialogue and allows us to measure how effectively professional mediation can reduce court backlog and resolve disputes.”
Under the new program rules, landlords must give tenants a 10 calendar-day window to seek mediation services before starting eviction proceedings, and must upload eviction notices to MCH’s website. The organization will then direct cases to one of five local mediation centers in Honolulu, Kailua-Kona, Hilo, Lihue (Kauai) or Wailuku (Maui).
If the tenant opts to schedule mediation within that 10-day period, an additional 10 days is afforded for talks to take place before the case can be brought to court. Mediation services are free for both parties, funded with state money appropriated in Act 278 and directed to organizations like MCH.
However, attorney costs accrued by landlords or tenants will not be funded by the state, and if a tenant cancels or fails to attend a scheduled mediation, landlords are allowed to request tenants pay for their attorney fees.
The mediation center contracted to provide services to East Hawaii Island landlords and tenants is Ku‘ikahi Mediation Center, where Executive Director Julie Mitchell has seen the efficacy of the new program firsthand.
Data is slim because the law has only been in effect for one month, but even early on Mitchell has seen four out of four cases assigned to the center thus far be successfully resolved, with three tenants able to stay in their rentals and one moving out without eviction. The West Hawaii Mediation Center serving Kona-side has successfully mediated five tenants to stay, and one amicable move-out.
Part of this success, Mitchell believes, is commencing talks between parties before back rent builds up and animosity and hopelessness start to grow.
“The idea behind this program is having early conversation and early communication,” she said. “It’s trying to prevent eviction as a preventative measure, to preserve housing, to prevent homelessness. It’s much easier to have a conversation when you’re one month behind on rent than when you’re 10 months behind on rent.”
Although these types of initiatives are often assumed to be more beneficial to tenants, Mitchell contends that landlords have also expressed appreciation at having access to mediation.
“I think it’s a sense of relief,” she said. “For landlords, they usually are a business and want to make sure they can get the money they need to live, oftentimes to pay a mortgage. Eviction is obviously not good for the tenant … but it’s also not good for landlords. It’s very costly to take people to court and to have to renovate and get the property ready for the next person.”
Ideally, she said, negotiations that the center facilitates will be a win-win for everyone, including the courts.
“When I’m reading the agreements, it seems like it’s advantageous to both parties,” she said. “If the landlords are trying to recoup back rent, they can do that. We want to find solutions that are going to be best for everybody … and the courts are swamped, the judges have a lot of cases on the docket, so this is a way to alleviate those impacts on the courts as well.”
The pilot program will track its success through annual reports to the Hawaii State Judiciary, supplying data that will influence other statewide eviction prevention measures in the future.
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