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What are the legal consequence of owning a taser in Hawaii

Resolved Question:

No Comment Added
Submitted: 6 years ago.
Category: Criminal Law
Expert:  David Coleman replied 6 years ago.

Dear SIr,

Tasers are illegal in Hawaii.

Hawaii State Law. Rev. Stats. Title 10, Chapter 134. Firearms, Ammunition and Dangerous Weapons. Part 1. General Regulations. Chapter 134-1 Definitions.

"Electric gun" means any portable device that is electrically operated to project a missile or electromotive force.

Chapter 134-16 Restriction on possession, sale, gift or delivery of electric guns.

(a) It shall be unlawful for any person, including a licensed manufacturer, licensed importer or licensed dealer, to possess, offer for sale, hold for sale, sell, give, lend or deliver any electric gun.

(b) Any electric gun in violation of subsection (a) shall be confiscated and disposed of by the chief of police.

Customer: replied 6 years ago.
Reply to XXXXX XXXXX's Post: Would I be Arrested if I Possessed a Taser or used it on someone?
Expert:  David Coleman replied 6 years ago.

Dear Sir,

According to the letter of the law, this would be possible. There may be certain execptions like if the weapon was used in self-defence, but the mere possession of the weapon itself is an offence. Using it to assault someone would be another charge that could be laid on top of this one if the weapon was used in an aggressive manner. The offence of possession I mentioned above is classified as a misdemeanor. It carries a maximum 1 year jail term. If you injured someone using a weapon of this nature without recourse to self defence and were charged with an assault, I believe that is classed as a felony and carries a maximum jail term of 5 years. The legislation relevant to the offence of posession is attached below.

Regards,

XXXXX XXXXX

§134-17 Penalties.

(c) Any person who violates section 134-2, 134-4, 134-10, 134-15, or 134-16(a) shall be guilty of a misdemeanor. Any person who violates section 134-3(b) shall be guilty of a petty misdemeanor and the firearm shall be confiscated as contraband and disposed of, if the firearm is not registered within five days of the person receiving notice of the violation. [L 1988, c 275, pt of §2; am L 1994, c 204, §9]

Sentencing

§701-107 Grades and classes of offenses. (1) An offense defined by this Code or by any other statute of this State for which a sentence of imprisonment is authorized constitutes a crime. Crimes are of three grades: felonies, misdemeanors, and petty misdemeanors. Felonies include murder in the first and second degrees, attempted murder in the first and second degrees, and the following three classes: class A, class B, and class C.

(3) A crime is a misdemeanor if it is so designated in this Code or in a statute other than this Code enacted subsequent thereto, or if it is defined in a statute other than this Code which provides for a term of imprisonment the maximum of which is one year.

David Coleman, Lawyer
Category: Criminal Law
Satisfied Customers: 1105
Experience: BEc(SocSci). LLB (Usyd) - 5 years of Work Experience
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David Coleman
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BEc(SocSci). LLB (Usyd) - 5 years of Work Experience