Just put a bullet button and your good to go. I have asked both HPD and the AG, HPD says they dont have a definition. So anything the guy at the counter tells you is BS, The AG says they have not provided a defintion to HPD.
detachable is different to serviceable. The engine in your car is not detachable , BUT if you undo some bolts you can remove it to service it.
See e-mails below. This is not legal advice meant to be used.
From HPD
This email was received via the HPD website. It is being forwarded to you for your perusal and disposition.
Name: Andrew Roberts
Email: a_roberts_84@yahoo.co.uk
Phone:
Message: As per HRS §134-1 Definitions.
How does HPD define a detachable magazine
Aloha,
The Honolulu Police Department does not define the definition of detachable magazine. The Hawaii Legislature and the Attorney Generals office would define the detachable magazine. HRS 134-1 refers to characteristics for an Assault Pistol.
(1) An ammunition magazine which attaches to the pistol outside of the pistol grip;
HPD Firearms Unit
FROM THE AG
Dear Mr. Roberts,
I am in receipt of your email below. Thank you for your inquiry.
In regards to a “detachable magazine,” you are correct that HRS section 134-1 defines “Assault pistol” to mean a semiautomatic pistol which accepts a detachable magazine. Additionally it goes on to say, “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;
but does not include a firearm with a barrel sixteen or more inches in length, an antique pistol as defined in this section or a curio or relic as those terms are used in 18 United States Code §921(16) or 27 Code of Federal Regulations 178.11.”
While the Hawaii Revised Statutes does not explicitly define “detachable magazine,” I cannot comment whether Hawaii would mimic the definition used by the ATF. If a case arose wherein a definition is necessary, the facts would be assessed and dealt with on a case by case situation. Furthermore, I am prohibited by statute to offer a legal opinion pursuant to HRS section 26-7.
We regret we are unable to help you.
Regards,
Karen A. Droscoski
Thank you for your prompt reply, Perhaps i can rephrase my question in a way that your office can answer my question. As the cheif legal office for the state, responsible for enforcing violations of state law, How dose your department define the term "Detachable Magazine" in regards to HRS 134-1.
Mr. Roberts,
As mentioned earlier, while the Hawaii Revised Statutes does not explicitly define “detachable magazine,” I cannot comment whether my office would mimic the definition used by the ATF or provide another definition. If a case arose wherein a definition is necessary, the facts would be assessed and dealt with on a case by case situation. Furthermore, I am prohibited by statute to offer a legal opinion pursuant to HRS section 26-7.
Regards,
Karen
Well i am trying to follow the law but no one seems to know what the law is. The law uses an undefined term, HPD is telling me that the AG (your office) decides what that term means but you are telling me that you do not have a definition and will only define what it is after some one has been accused of a crime. How does that make any sense ? How can some one follow a law when your saying your department makes it up as you go along ?
Mr. Roberts,
Unfortunately, the Attorney General cannot analyze, or provide legal advice to private citizens. As provided by statute:
The department shall administer and render state legal services, including furnishing of written legal opinions to the governor, legislature, and such state departments and officers as the governor may direct; represent the State in all civil actions in which the State is a party; approve as to legality and form all documents relating to the acquisition of any land or interest in lands by the State; and, unless otherwise provided by law, prosecute cases involving violations of state laws and cases involving agreements, uniform laws, or other matters which are enforceable in the courts of the State. The attorney general shall be charged with such other duties and have such authority as heretofore provided by common law or statute. Section 26-7, Hawaii Revised Statutes.
I regret that we are unable to help you.
OK, new question.
Has the Attorney Generals office ever provided to the Honolulu Police department a definition of a "Detachable Magazine" In deference to HRS 134-1. If so what was that definition
OK, new question.
Has the Attorney Generals office ever provided to the Honolulu Police department a definition of a "Detachable Magazine" In deference to HRS 134-1. If so what was that definition
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Not to my knowledge or that I’m aware of.