Magazine Capacity in AR's (Read 16979 times)

Joon

Re: Magazine Capacity in AR's
« Reply #20 on: October 16, 2011, 10:02:27 PM »
I thought a mod had moved these posts over since they weren't about the slidefire.  I had no idea the rules were so strict in Hawaii!  It seems I should have a bunch of 10 round magazines lying around.  This seems a little unreasonable. 

I guess that means I can't get those surefire 100round magazines, huh?

Kingkeoni

Re: Magazine Capacity in AR's
« Reply #21 on: October 16, 2011, 10:31:23 PM »
I thought a mod had moved these posts over since they weren't about the slidefire.  I had no idea the rules were so strict in Hawaii!  It seems I should have a bunch of 10 round magazines lying around.  This seems a little unreasonable. 

I guess that means I can't get those surefire 100round magazines, huh?

I'll be in line to buy them.
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Dregs

Re: Magazine Capacity in AR's
« Reply #22 on: October 16, 2011, 10:37:34 PM »
I'mma get me a beta mag.

Funtimes

Re: Magazine Capacity in AR's
« Reply #23 on: October 17, 2011, 12:43:26 AM »
Getting real tired of having my posts edited.

Someone else started this post...now it looks like I did it. 

Why bother posting anymore?

I moved all the OT stuff to a new thread, and left everything that was there.
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Funtimes

Re: Magazine Capacity in AR's
« Reply #24 on: October 17, 2011, 12:56:34 AM »
I thought a mod had moved these posts over since they weren't about the slidefire.  I had no idea the rules were so strict in Hawaii!  It seems I should have a bunch of 10 round magazines lying around.  This seems a little unreasonable. 

I guess that means I can't get those surefire 100round magazines, huh?

I moved the posts.   The laws in Hawaii are very poorly constructed, and the terms are really weak.  "Capable" opens the floodgates to a bunch of stuff (hence weak term), it would be more suited to "Primarily designed for" instead, and we wouldn't have any problems. Another problem is that they didn't give us a good definition of a rifle or shotgun.  Most states define these terms along the lines of the Fed's wording i.e., designed to be shot with two hands from the shoulder position or something.  This would keep us out of the completely retarded reasoning that ANY SBR is a pistol... instead of a rifle as it was intended to be designed.

The enforcement of these laws is nearly non-existent, but that doesn't change the words (which obviously, I strongly stand by).  If you want to see stupid, take a look at where you can transport your gun. 
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2aHawaii

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Re: Magazine Capacity in AR's
« Reply #25 on: October 17, 2011, 04:18:10 AM »
I think the main point is that Hawaii's laws suck and whoever wrote them left a lot of leeway in interpretation. The way that I read the law is the same way that Funtimes reads it.

Quote
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.

To me, that sounds about as broad as you can get. If in doubt, you can get a lawyer to provide you with legal advice. To be safe, they'll probably tell you not to use any magazines over 10 rounds. Sure, places sell them, people have them, and people use them, but if you do, you are taking your chances that the police, judge, and jury don't decide against you.
I am not a lawyer.

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Funtimes

Re: Magazine Capacity in AR's
« Reply #26 on: October 17, 2011, 05:16:35 AM »
I've just spent the last few hours scouring through casemaker. I've actually yet to find any charges of assault pistol (at least on appeal) where a decision was written. Most of the guys who have these guns got hit with being a felon in possession. I've also not yet found a charge for HRS 134-9. Everyone has been hit with 'places to keep' instead.  I could provide you jury instructions for the firearms, and show you classes of firearms (semi-automatic pistol, revolver, shotgun and rifle), but that won't state anything I didn't already elaborate on.

Let you know if I find any more. King if you have said case or know the defendants name, I would be happy to look it up in Hawaii's published opinions.
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Antithesis

Re: Magazine Capacity in AR's
« Reply #27 on: October 17, 2011, 05:27:45 AM »
I'd have to side with Funtimes on this as well.  It all comes down to this: 

Quote
     (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.




It's the line "capable of use" that is the nail in the coffin.  AR15 platform "Assault pistols" exist.  Take for example the Patriot.  It meets all the qualifications of "Assult Pistol" described by the HRS
"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; (Check)
 
     (2)  A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip, or silencer; (Check)


     (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; (Check)


     (4)  A manufactured weight of fifty ounces or more when the pistol is unloaded;  (Check)


     (5)  A centerfire pistol with an overall length of twelve inches or more; or  (Check)


     (6)  It is a semiautomatic version of an automatic firearm;  (Check)



Because they exist, AR 15 magazines are "capable" of fitting into those aformentioned "Assult pistols"  (regardless of wether the AR15 "assult pistols" are even legal in Hawaii.)

Therefore, magazines over 10 rounds for the AR15 are illegal in Hawaii.   




A little off topic, but if all of this is true how is it guys can have those .22lr MP5 looking guns?  Aren't they technically "assult pistols"?
« Last Edit: October 17, 2011, 05:34:20 AM by Antithesis »
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Re: Magazine Capacity in AR's
« Reply #28 on: October 17, 2011, 05:36:36 AM »
A little off topic, but if all of this is true how is it guys can have those .22lr MP5 looking guns?  Aren't they technically "assult pistols"?

Locally, I've only seen the rifle version, not the pistol version.
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

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vooduchikn

Re: Magazine Capacity in AR's
« Reply #29 on: October 17, 2011, 09:20:25 AM »
I thought a mod had moved these posts over since they weren't about the slidefire.  I had no idea the rules were so strict in Hawaii!  It seems I should have a bunch of 10 round magazines lying around.  This seems a little unreasonable. 

I guess that means I can't get those surefire 100round magazines, huh?

Sold locally as well...
Relax, I've banned myself..

Dregs

Re: Magazine Capacity in AR's
« Reply #30 on: October 17, 2011, 01:05:57 PM »


A little off topic, but if all of this is true how is it guys can have those .22lr MP5 looking guns?  Aren't they technically "assult pistols"?

From my understanding, the MP5 looking ones we have here have 16" barrels. That's why they look ridiculously stupid.

Funtimes

Re: Magazine Capacity in AR's
« Reply #31 on: October 17, 2011, 01:10:07 PM »


A little off topic, but if all of this is true how is it guys can have those .22lr MP5 looking guns?  Aren't they technically "assult pistols"?

From my understanding, the MP5 looking ones we have here have 16" barrels. That's why they look ridiculously stupid.

I think I have seen some with that fake supressor on it lol, to make it not as obvious.
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sirkaiks

Re: Magazine Capacity in AR's
« Reply #32 on: October 17, 2011, 01:23:25 PM »
I think I have seen some with that fake supressor on it lol, to make it not as obvious.

yeah, kaneohe gun shop has them.