Hawaii Revised Statutes 134-86 – Ownership or possession prohibited
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Hawaii Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | up to 5 years | up to $10,000 |
| misdemeanor | up to 1 year | $2,000 |
Terms Used In Hawaii Revised Statutes 134-86
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
- Crime of violence: means :
(1) Any offense under federal or state law or the law of another state, a United States territory, or the District of Columbia that has as an element of the offense the: (A) Injury or threat of injury to the person of another; or (B) Use, attempted use, or threatened use of physical force against the person or property of another or the creation of a substantial risk of causing bodily injury; (2) Reckless endangering in the second degree under section 707-714; (3) Terroristic threatening in the second degree under section 707-717; (4) Sexual assault in the fourth degree under section 707-733 ; (5) Endangering the welfare of a minor in the second degree under section 709-904; (6) Endangering the welfare of an incompetent person under section 709-905; (7) Harassment under section 711-1106(1)(a); (8) Harassment by stalking under section 711-1106. See Hawaii Revised Statutes 134-1 - Electric gun: includes but is not limited to devices commonly referred to as stun guns and Tasers. See Hawaii Revised Statutes 134-81
- Firearm: means any weapon, for which the operating force is an explosive, including but not limited to pistols, revolvers, rifles, shotguns, automatic firearms, noxious gas projectors, mortars, bombs, and cannon. See Hawaii Revised Statutes 134-1
- Fugitive from justice: means any person (1) who has fled from any state, territory, the District of Columbia, or possession of the United States, to avoid prosecution for a felony or to avoid giving testimony in any criminal proceeding or (2) who has fled from any country other than the United States and is avoiding lawful extradition back to that country. See Hawaii Revised Statutes 134-1
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Person: means an individual, firm, corporation, partnership, association, or any form of business or legal entity. See Hawaii Revised Statutes 134-81
- Transfer: includes but is not limited to the granting of temporary possession to another. See Hawaii Revised Statutes 134-81
shall own, possess, or control an electric gun, unless the person has been medically documented to be no longer adversely affected by the addiction, abuse, dependence, syndrome, or mental disease, disorder, or defect.
In the case of an ex parte order that includes a restriction on the possession, control, or transfer of an electric gun, the affidavit or statement under oath that forms the basis for the order shall contain a statement of the facts that support a finding that the person to be restrained owns, intends to obtain or transfer, or possesses an electric gun, and that the electric gun may be used to threaten, injure, or abuse any person. The ex parte order shall be effective upon service pursuant to § 586-6.
At the time of service of a restraining order involving electric guns issued by any court, the police officer may take custody of any and all electric guns in plain sight, those discovered pursuant to a consensual search, and those electric guns surrendered by the person restrained.
For the purposes of this subsection, “good cause” shall not be based solely upon the consideration that the person subject to restraint pursuant to an order of any court, including an ex parte order as provided for in this subsection, is required to possess or carry an electric gun during the course of the person’s employment. “Good cause” includes but is not limited to the protection and safety of the person to whom a restraining order is granted.