HRS 0134-0006 ANNOTATIONS

Complaint failed to adequately inform defendant of nature and cause of subsection (a) charge and failed to ensure that district court had before it all facts necessary to find probable cause on the charge. 78 H. 66, 890 P.2d 303.

Where no evidence was presented that any "dangerous instrument" other than a firearm was involved, which established an element of the underlying felony under §707-716(1)(d), subsection (a) did not apply. 83 H. 229, 925 P.2d 797.

The offense of use of a firearm in the commission of second degree murder in violation of subsection (a) is not an included offense of second degree murder in violation of §707-701.5(1). 87 H. 1, 950 P.2d 1201.

Where defendant’s conviction and sentence under §708-840 was an included offense under subsection (a) and defendant’s convictions under both §§134-4(a) and 708-840 violated §701-109(1)(a), defendant’s conviction and sentence under §708-840 reversed. 91 H. 33, 979 P.2d 1059.

Where defendant’s convictions were premised upon the use of "any firearm" and language of indictments and trial court’s instructions "to wit, a semiautomatic pistol" did not alter the statutory elements of §§708-840, 134-7, or this section, trial court’s error of not providing definition of "semiautomatic firearm" did not warrant reversal of convictions of first degree robbery, carrying or use of firearm in commission of separate felony, or felon in possession of firearm. 91 H. 33, 979 P.2d 1059.

As question of whether defendant possessed a hunting license under §134-5 posed a fact peculiarly within defendant's knowledge, and lack of a hunting license is not a material element of this section, prosecution was not required to prove that defendant did not have a hunting license pursuant to §134-5. 93 H. 87, 997 P.2d 13.

For purposes of subsection (e), "carry" must be analyzed employing a two-pronged analysis: (1) the voluntary act of "carrying" an object is, by way of §702-202, established when an individual acts knowingly with respect to that conduct; and (2) the requisite state of mind with respect to the circumstances attendant to "carrying" that object, i.e., the object's particular attributes rendering its carrying a criminal offense--the quality of being a firearm--is, by way of §702-204, established by proof of a reckless state of mind. 93 H. 87, 997 P.2d 13.

Trial court erred in failing to instruct jury on all material elements of offense of place to keep firearm where trial court never instructed jury that jury must find whether the prosecution had proved beyond a reasonable doubt that defendant possessed or carried firearms away from defendant's "place of business, residence, or sojourn"; thus, jurors were unable to find defendant guilty of all material elements under this section, relieving prosecution of its burden of proving every essential element beyond a reasonable doubt. 93 H. 87, 997 P.2d 13.

Conviction of defendant of offense of carrying, using, or threatening to use a firearm in the commission of a separate felony under subsections (a) and (e), the separate felony being second degree assault under §707-711(1)(a), vacated where there was no substantial evidence that defendant caused substantial bodily injury to victim as required under §707-711(1)(a). 94 H. 241, 11 P.3d 466.

A defendant can be convicted of both subsection (a) and the separate felony. 99 H. 463, 56 P.3d 1252.

The original 1990 enactment of subsection (a) prohibited the conviction of a defendant for both a subsection (a) offense and its underlying felony. 101 H. 187, 65 P.3d 134.

In light of facts known to the police at time of arrest, the police reasonably believed that passenger seated in right rear seat of car violated subsection (c) (1991) either as a principal or accomplice. 9 H. App. 551, 851 P.2d 926.