In the Interest of Doe

828 P.2d 272, 73 Haw. 89, 1992 Haw. LEXIS 32
CourtHawaii Supreme Court
DecidedMarch 25, 1992
DocketNO. 15299
StatusPublished
Cited by4 cases

This text of 828 P.2d 272 (In the Interest of Doe) is published on Counsel Stack Legal Research, covering Hawaii Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Interest of Doe, 828 P.2d 272, 73 Haw. 89, 1992 Haw. LEXIS 32 (haw 1992).

Opinion

OPINION OF THE COURT BY

MOON, J.

Minor John Doe (Minor) appeals from the order of the Family Court of the First Circuit, adjudicating him a law violator under Hawaii Revised Statutes (HRS) § 571-11(1),1 based on its ruling that he was in possession of a “butterfly” knife in violation of HRS [90]*90§ 134 — 52. Minor raises two points on appeal: 1) whether a butterfly knife is prohibited as a type of switchblade knife under HRS § 134 — 52; and 2) whether HRS § 134-52 is unconstitutionally vague as applied to butterfly knives. Based on the language and legislative history of § 134 — 52, we conclude that a butterfly knife is not a switchblade knife, and therefore reverse the order of the family court. Consequently, we do not reach Minor’s second contention of error.

I.

On August 11, 1989, a butterfly knife was found in Minor’s possession. He was subsequently charged with possession of a switchblade knife in violation of HRS § 134 — 52.

Prior to trial, Minor entered an oral motion to dismiss the charge, contending that butterfly knives are not switchblade knives because they do not fall within the definition of switchblade knives set forth in § 134 — 52. Minor argued that butterfly knives do not “open[] automatically by [force] of inertia, gravity, or both.” HRS § 134 — 52(a)(2).

In response, the State called Officer Wayne Cambra to demonstrate the operation of a butterfly knife. Following the demonstration and argument, the family court concluded that the butterfly knife comes within the scope of HRS § 134 — 52 because it does open “at least” by gravity. Subsequently, Minor’s motion to dismiss was denied. Based on the court’s finding that he was in [91]*91possession of a butterfly knife, Minor was adjudicated as a law violator under HRS §571-11(1). This timely appeal followed.

II.

The dispositive issue on appeal is whether a butterfly knife is a “switchblade knife” within the meaning of HRS § 134 — 52. That section provides, in part:

Switchblade knives; prohibitions; penalty, (a) Whoever knowingly . . . possesses . . . any switchblade knife, being any knife having a blade which opens automatically (1) by hand pressure applied to a button or other device in the handle of the knife, or (2) by operation of inertia, gravity, or both, shall be guilty of a misdemeanor. (Emphasis added.)

Minor contends that since the butterfly knife does not open “automatically by operation of inertia, gravity, or both,” the statute is inapplicable. The State argues “to open ‘automatically,’ does not preclude the use of some hand or wrist action in conjunction with inertia, or gravity, or both to open a butterflyknife.”

Our examination of the butterfly knife in issue reveals that the knife has a split metal handle which encases a single-edged blade when in a closed position. The knife may be locked in the closed position by using a metal safety clasp at the base of the handle. The clasp keeps the halves of the handle together. In order to open the knife, the clasp must be unlocked; then, both halves are folded away from each other until they meet, exposing the blade. By holding both halves of the handle firmly together, the blade is then in a secured position to be used. The metal clasp, which locks the handle in a closed position, may also be used to lock the handle in the open position.

[92]*92At trial, a police officer demonstrated the speed with which the butterfly knife could be put into operation. In describing the demonstration for the record, the prosecutor stated:

Your Honor, for the record, the knife can be clasped in one hand with the safety hooked on the bottom. Even if the safety is hooked, it can be released with one hand — with the small finger of the hand, held — turned around — one — one side of the blade held, turned around, flipped over and automatically caught with the other hand, exposing the blade in just a few seconds. (Emphasis added.)

In our examination, we manipulated the knife and determined that the blade can be positioned for use with one hand or, as the officer demonstrated, with two hands. We agree that either method of operation can be performed in a few seconds. However, we disagree with the accuracy of the prosecutor’s characterization of “automatically caught with the other hand.” In context, such a maneuver is clearly manual and not “automatic.” Some practice is required in order to develop the requisite skill to position the blade for use in a matter of seconds, whether using one or both hands.

There are no Hawaii cases that address the issue in this case and review of the legislative history of HRS § 134-52 does not expressly indicate whether the intent of the legislature was to include butterfly knives under the statute. However, the history of the statute does reveal that the statute is based on the Federal Switch Blade Knife Act, 15 U.S.C. § 1241. We note that the Act’s definition of “switchblade knife” is identical to HRS § 134-52.2

[93]*93We agree with the State that “the language [of the legislative history] suggests that the Hawaii legislature intended the same result as the federal statute.” State’s Answering Brief at 13. The State cites language from the federal legislative history which indicates that Congress intended to prohibit not only switchblade knives but “other concealed-blade knives which open by operation of inertia or gravity or both,” which like switchblades are “quick-opening knives [used] for criminal purposes[.]” State’s Answering Brief at 14.

The district court in Taylor v. McManus, 661 F. Supp. 11 (E.D. Tenn. 1986), rev’d, 848 F.2d 715 (6th Cir. 1988), was faced with the identical issue as in this case. There, Taylor, an importer of “Balisong” or butterfly knives, brought action requesting the court to declare that such knives, which had been seized by Customs Service officers, were not switchblades within the meaning of 15 U.S.C. § 1241(b). Looking to the legislative history of the federal switchblade act for guidance, the district court stated:

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Cite This Page — Counsel Stack

Bluebook (online)
828 P.2d 272, 73 Haw. 89, 1992 Haw. LEXIS 32, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-doe-haw-1992.