Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
If there is reasonable cause to believe that arms or munitions of war are collected in any place for the purpose of insurrection or riot, or any other unlawful purpose, a search warrant may be issued in such case, with or without an order to the officer executing the same to bring before the judge or magistrate issuing the same the person in whose possession the arms or munitions of war may be found. And in case the warrant contains no such order, the arms or munitions of war shall, if found, be brought before the judge, or magistrate, and be secured by the judge or magistrate. The judge or magistrate shall as soon as may be cause a notice to be published in some newspaper, describing the articles seized and giving notice of a time and place of a hearing, to take place not less than four and not more than five weeks from the publication of the notice, at which time and place all parties claiming the articles may appear and prove ownership. If no appearance is made at the hearing, and no action is brought previous to the time of the hearing for the recovery of the goods by the parties claiming the goods, the same shall be forfeited to the State. But if any parties appear at the hearing claiming the goods, or bring action before the time of the hearing for the recovery thereof, their claim shall be heard. If in the opinion of the court the claims are not satisfactorily proved, or if they are proved, but the court finds reasonable cause to believe that the articles were collected for the purpose of insurrection, or riot, or for any other unlawful purpose, the same shall be forfeited to the State. In any hearing the burden of proof shall be upon the claimant to show that the arms or munitions of war were not collected or procured for the purpose of insurrection or riot or other unlawful purpose.
In the case of any seizure of articles by search warrant under this section, no claimant shall be entitled to the delivery of the articles before judgment in an action for the recovery thereof, under chapter 654 or any other law.
Cite this article: FindLaw.com - Hawaii Revised Statutes Division 5. Crimes and Criminal Proceedings § 803-38 - last updated January 01, 2025 | https://codes.findlaw.com/hi/division-5-crimes-and-criminal-proceedings/hi-rev-st-sect-803-38/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)