We have gone over with at least six different attorneys, and there is no way to way to get around the statutory construction of the law and use a AR-15 magazine. True M-4's are pistols under Hawaii law.
Kaneshiro doesn't know his own laws King; he made that quite evident that his logical reasoning is severely handicapped in the debate between Hi-Carry and himself on PBS.
Magazines capable of use in a firearm with a barrel less than 16 inches in length, can not be over 10 rounds in capacity.
Additional Points:
-- There is no "capable of use in pistols that can be legally owned in Hawaii" exclusion.
-- It's all fairly clear.
-- There were reports of MPPL having some sort of information from the AG saying exactly what we have been telling you.
-- because it's sold in a store doesn't make it legal (e.g., butterfly knives).
Lastly, I would bet my and Hi-Carry's knowledge of the laws and their construction and reading against anyone at the AG's office. I could prove you wrong for good, but people might not like the result, so don't ask me to.
Hawaii has created different classifications of firearms.
They have classified pistols as...
"Pistol" or "revolver" means any firearm of any shape with a barrel less than sixteen inches in length and capable of discharging loaded ammunition or any noxious gas.
And assault pistols as:
"Assault pistol" means a semiautomatic pistol which accepts a detachable magazine and which has two or more of the following characteristics:
(1) An ammunition magazine which attaches to the pistol outside of the pistol grip;
(2) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip, or silencer;
(3) A shroud which is attached to or partially or completely encircles the barrel and which permits the shooter to hold the firearm with the second hand without being burned;
(4) A manufactured weight of fifty ounces or more when the pistol is unloaded;
(5) A centerfire pistol with an overall length of twelve inches or more; or
(6) It is a semiautomatic version of an automatic firearm;
The letter of the law regarding 10 round magazines reads as:
(c) The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of detachable ammunition magazines with a capacity in excess of ten rounds which are designed for or
capable of use with a pistol is prohibited. This subsection shall not apply to magazines originally designed to accept more than ten rounds of ammunition which have been modified to accept no more than ten rounds and which are not capable of being readily restored to a capacity of more than ten rounds.
Sections 1,2,3,4&5 of this subsection disqualify AR and AK "assault pistols" as pistols.
Since the letter of the law specifically states that a magazine "capable of use in a pistol" (never mentioning assault pistol, which is an ENTIRELY different class) the magazines are legal.
Furthermore section C specifically states:
(c) The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of detachable ammunition magazines with a capacity in excess of ten rounds which are designed for or capable of use with a pistol is prohibited.What this means is that if the magazines were indeed illegal, every gun store owner in Hawaii would be in violation of the law because they are sold at every single gun store but one.
There is an annual inspection by HPD and the ATF of the gun stores. If there was a violation of the law they would be shut down.
Bottom line.
30 round magazines are Legal. I appreciate that you familiarize yourself with Hawaii laws but you're wrong.