State v. Rapozo

Summary

The Supreme Court of Hawaiʻi held that a convicted felon's possession of a single operable .38-caliber bullet fell within the prohibition on possessing any ammunition under Hawaiʻi Revised Statutes § 134-7(b) and (h). The court concluded that the defendant failed to present all relevant attendant circumstances necessary to establish that the possession was a de minimis infraction under HRS § 702-236. The court affirmed the Intermediate Court of Appeals' judgment vacating the circuit court's dismissal of the charge.

Holdings

1. A convicted felon's possession of a single operable bullet falls within HRS § 134-7(b)'s clear prohibition against possessing any ammunition.
2. Even conduct falling within HRS § 134-7(b)'s express prohibition may qualify as a de minimis infraction under HRS § 702-236 if it did not cause or threaten the harm sought to be prevented, or caused or threatened that harm only to an extent too trivial to warrant conviction.
3. Rapozo failed to carry her burden of establishing that her possession of the operable bullet was de minimis.
4. The circuit court abused its discretion by dismissing the charge as de minimis without adequately considering and developing all relevant attendant circumstances.

Questions Presented

1. Whether Rapozo's possession of a single operable .38-caliber bullet fell within HRS § 134-7(b)'s prohibition against a convicted felon possessing any ammunition.
2. Whether the possession nevertheless qualified as a de minimis infraction under HRS § 702-236.
3. Whether the circuit court abused its discretion by dismissing the charge without a sufficiently developed record addressing all relevant attendant circumstances.

Disposition

affirmed