Man arrested for carrying replica gun at Pearlridge Center

News

A 20-year-old man was arrested after causing a scare at Pearlridge Center Thursday afternoon.

Witnesses say a man was wearing what appeared to be a tactical vest and holding what looked to be a rifle.

But police say it wasn’t a real gun.

Antonio Phillips was arrested and charged for carrying a replica gun, which is prohibited under the Revised Ordinances of Honolulu.

Article 23. Replica Guns

Sec. 40-23.1 Definitions.

“Firearm” shall mean the same as it is defined in HRS Section 134-1.

“Law enforcement officer” shall mean any public servant, whether employed by the state, the city or the United States, vested by law with a duty to maintain public order or to make arrests for offenses or to enforce the criminal laws, whether that duty extends to all offenses or is limited to a specific class of offenses.

“Replica gun” shall mean any toy or other object which bears such a resemblance to an actual firearm that a reasonable person would have difficulty visually distinguishing it from an actual firearm, and which lacks any feature or aspect which would serve as a signal to allow a person to readily distinguish the replica gun from an actual firearm by sight. The term shall not include an actual firearm.

(Added by Ord. 03-24)

Sec. 40-23.2 Prohibitions.

(a) No person shall carry or display a replica gun on any street, alley, public road, or on any public lands unless such replica gun is in a suitable case or securely wrapped.

(b) No person shall draw or brandish a replica gun in the presence of a law enforcement officer engaged in the performance of his or her duties.

(c) Nothing in this article shall be deemed to prevent any person who has obtained a hunting license pursuant to HRS Chapter 183D from engaging in hunting in accordance with law.

(d) In the event a replica gun is also an “air gun,” as defined in Section 41-8.1, the exceptions in Section 41-8.4 shall also be exceptions to the prohibitions in this article.

(e) Nothing in this article shall prevent carrying or display of a replica gun by a person involved in a living history presentation or other activity for historical interpretation or educational purposes, or by a person participating in a parade if such activity or parade participant is associated with an established historical organization, museum, military preservation organization, or other group with a mission to educate the public at various events through the use of historical artifacts, clothing, vehicles, aircraft, maritime vessels, and firearms or replicas thereof.

(Added by Ord. 03-24; Am. Ord. 03-35)

Sec. 40-23.3 Violation—Penalty.

Any person violating the provisions of Section 40-23.2(a) shall be deemed guilty of a petty misdemeanor and upon conviction shall be punished by a fine not exceeding $500, or by imprisonment not exceeding 30 days.

Any person violating the provisions of Section 40-23.2(b) shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding one year.

(Added by Ord. 03-24)

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