Magazine Restrictions (Read 7800 times)

QUIETShooter

Magazine Restrictions
« on: June 01, 2021, 07:33:01 AM »
Hawaii bans magazines that can hold more than 10 rounds.  I believe this is for handguns.  Rifles so far there is no ban on hi capacity magazines.

Except:

Rifles that can be modified and categorized as a pistol.  Example: Ruger 10/22

Am I correct?  Feel free to correct me as this is how I understand it.

Because if I am correct in my understanding of current laws, it seems there are people, suppliers, and gun store owners who don't.

Much appreciation for information enforcing my understanding of current laws or enlightenment as to why I was erroneous in my understanding.

Reason for thread:  There are some suppliers that will let me order 20 rd. magazines and some suppliers that claim it is illegal for me to order these magazines.  And no, I'm not trying to order 10/22 hi capacity magazines. :shaka:
Sometimes you gotta know when to save your bullets.

drck1000

Re: Magazine Restrictions
« Reply #1 on: June 01, 2021, 08:18:04 AM »
Suppliers erring on the safe side and do not appreciate standard capacity magazines.

Beyond that, there’s been a number of threads on why some LGSs and even online vendors read the laws. If you need links, I’ll find a few and post links when I have more free time.

omnigun

Re: Magazine Restrictions
« Reply #2 on: June 01, 2021, 08:36:54 AM »
Legally in Hawaii you can't own "assault pistols".  Thus there is no such thing.  Once a rifle,  always a rifle.   No conversions according to the ATF.  You must purchase a "pistol" receiver or a non labeled receiver and declare it a pistol.  And you must register said receiver under your name,  after you do so you will no longer be able to own or purchase standard capacity mags. 

changemyoil66

Re: Magazine Restrictions
« Reply #3 on: June 01, 2021, 08:40:20 AM »
Someone made a 22 USFA Zipp 22 which takes the ruger 10/22 mags.  The product was rubbish and not made anymore for years.  This gun is not a rifle or assault rifle, it is a pistol.  So because of this, the 10/22 mags will fit into a "pistol" and thus anything over 10rds would be illegal.  However, HPD has never enforced this.

changemyoil66

Re: Magazine Restrictions
« Reply #4 on: June 01, 2021, 08:42:55 AM »
Legally in Hawaii you can't own "assault pistols".  Thus there is no such thing.  Once a rifle,  always a rifle.   No conversions according to the ATF.  You must purchase a "pistol" receiver or a non labeled receiver and declare it a pistol.  And you must register said receiver under your name,  after you do so you will no longer be able to own or purchase standard capacity mags.

HI does have a definition for "assault pistol".  So there is such a thing because HI's definition states so regardless of what the feds sate.  Even if you were to have an illegal assault pistol, you can still own AR standard cap mags, Because current HRS states "fits into a pistol" and not "fits into a pistol and/or assault pistol".  This is why they were trying to change the wording to "fits into a firearm" for the last 2 years of rifle mag bans.

omnigun

Re: Magazine Restrictions
« Reply #5 on: June 01, 2021, 08:47:49 AM »
HI does have a definition for "assault pistol".  So there is such a thing because HI's definition states so regardless of what the feds sate.  Even if you were to have an illegal assault pistol, you can still own AR standard cap mags, Because current HRS states "fits into a pistol" and not "fits into a pistol and/or assault pistol".  This is why they were trying to change the wording to "fits into a firearm" for the last 2 years of rifle mag bans.

Interesting, though if we went with this and you did register an "AR pistol" under your name that would be both state and federal definition of a pistol.  And thus "fits into a pistol language" would apply.   If you don't own and can't readily own any "AR pistols" then the language wouldn't apply.
« Last Edit: June 01, 2021, 08:53:03 AM by omnigun »

changemyoil66

Re: Magazine Restrictions
« Reply #6 on: June 01, 2021, 08:54:41 AM »
Interesting, though if we went with this and you did register an "AR pistol" under your name that would be both state and federal definition of a pistol.  And thus "fits into a pistol language" would apply.   If you don't own and can't readily own any "AR pistols" then the language wouldn't apply.

Read what I posted again. The state defines what an assault pistol (AR pistol) is. So because of this, when current language states "fits into a pistol", they're referring to just a pistol and not an assault pistol.

Focus

aieahound

Re: Magazine Restrictions
« Reply #7 on: June 01, 2021, 10:38:54 AM »

macsak

Re: Magazine Restrictions
« Reply #8 on: June 01, 2021, 11:33:07 AM »
Legally in Hawaii you can't own "assault pistols".  Thus there is no such thing.  Once a rifle,  always a rifle.   No conversions according to the ATF.  You must purchase a "pistol" receiver or a non labeled receiver and declare it a pistol.  And you must register said receiver under your name,  after you do so you will no longer be able to own or purchase standard capacity mags.

what?
that makes no sense whatsoever...

6716J

Re: Magazine Restrictions
« Reply #9 on: June 01, 2021, 11:38:02 AM »
what?
that makes no sense whatsoever...

neither do Hawaii firearms laws
I'd rather have a bottle in front of me, than a frontal lobotomy.

6716J

Re: Magazine Restrictions
« Reply #10 on: June 01, 2021, 11:39:57 AM »
Legally in Hawaii you can't own "assault pistols".  Thus there is no such thing.  Once a rifle,  always a rifle.   No conversions according to the ATF.  You must purchase a "pistol" receiver or a non labeled receiver and declare it a pistol.  And you must register said receiver under your name,  after you do so you will no longer be able to own or purchase standard capacity mags.

You actually can own "assault pistols" in Hawaii. You just have to have a non-detachable magazine, or be single shot. There are work arounds.
I'd rather have a bottle in front of me, than a frontal lobotomy.

macsak

Re: Magazine Restrictions
« Reply #11 on: June 01, 2021, 11:46:25 AM »
You actually can own "assault pistols" in Hawaii. You just have to have a non-detachable magazine, or be single shot. There are work arounds.

some people don't understand this...

drck1000

Re: Magazine Restrictions
« Reply #12 on: June 01, 2021, 11:56:50 AM »
what?
that makes no sense whatsoever...
Some should learn to stay within their swimlane and not post stuff just because they believe it to be true. It’s one thing to post stuff like that in the political threads, but they don’t belong in the technical sections. JMHO
« Last Edit: June 01, 2021, 12:13:24 PM by drck1000 »

Flapp_Jackson

Re: Magazine Restrictions
« Reply #13 on: June 01, 2021, 11:57:27 AM »
You actually can own "assault pistols" in Hawaii. You just have to have a non-detachable magazine, or be single shot. There are work arounds.

Technically, if you follow the workarounds, you will have converted an assault pistol into just a pistol.  Once you weld the mag into the magwell, disable the gas system so it's no longer semi-auto, etc., it no longer conforms, or more accurately never did conform, to the definition of "assault pistol."

Quote
"Assault pistol" means a semiautomatic pistol that accepts a detachable magazine and has two or more of the following characteristics:

     (1)  An ammunition magazine that 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 that is attached to or partially or completely encircles the barrel and 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 section 921(a)(13) or 27 Code of Federal Regulations section 478.11.
Quote
§134-8  Ownership, etc., of automatic firearms, silencers, etc., prohibited; penalties.  (a)  The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of any of the following is prohibitedassault pistols, except as provided by section 134-4(e); automatic firearms; rifles with barrel lengths less than sixteen inches; shotguns with barrel lengths less than eighteen inches; cannons; mufflers, silencers, or devices for deadening or muffling the sound of discharged firearms; hand grenades, dynamite, blasting caps, bombs, or bombshells, or other explosives; or any type of ammunition or any projectile component thereof coated with teflon or any other similar coating designed primarily to enhance its capability to penetrate metal or pierce protective armor; and any type of ammunition or any projectile component thereof designed or intended to explode or segment upon impact with its target.

I think the terms "AR Pistol" and "Assault Pistol" are being used interchangeably, when, in practice, you can own an AR Pistol, but not a Assault Pistol.
"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

macsak

Re: Magazine Restrictions
« Reply #14 on: June 01, 2021, 12:21:28 PM »
Some should learn to stay within their swimlane and not post stuff just because they believe feel it to be true. It’s one thing to post stuff like that in the political threads, but they don’t belong in the technical sections. JMHO

FIFY

Flapp_Jackson

Re: Magazine Restrictions
« Reply #15 on: June 01, 2021, 12:26:46 PM »
People smarter than all of us combined have interpreted the Hawaii gun laws regarding > 10rd mags.  The reading of the law as written pretty much bans any rifle mag over 10 rds if a pistol that can accept that mag exists.  Not "except if that pistol is banned and can't be legally owned here," and not "if you don't own a pistol the mag fits."  If you buy a carbine rifle that accepts 17rd or 30rd Glock 9mm mags, it doesn't matter whether or not you own a 9mm Glock.  The simple fact that the mag fits a pistol you can buy from a dealer is all that matters.

AR mags have existed in a "grayish area", due to the banning of AR pistols as manufactured.  All factory AR pistols have detachable mags.  While the most common method of making an AR pistol HI compliant is to epoxy/weld the mag into the magwell, making it impossible to insert a 20rd or 30rd AR mag, it's not the only method to become compliant.  As a side note, once you make the mag nondetachable, the 10rd limit no longer applies, so you could weld a 30rd mag into the pistol and be compliant.

The real underlying difference is enforcement.  Cops don't seem to care if you have >10rd mags for your AR rifles.  So, they don't bother arresting anyone for it.  Since it is such an ambiguous statute when you factor in whether or not the Assault Pistol is illegal to possess, not a home-built AR pistol, they prefer to ignore it. 

You can make ANY rifle into a pistol at home.  I think the lawmakers were more concerned with factory manufactured pistols.  Otherwise, why even tie this law to pistols at all?  If any receiver can become a pistol, then all rifle mags over 10rds are prohibited. 

Handguns have always been involved in crimes more than rifles.  So, this 10rd limit was really about handguns.  The rifle/handgun tie-in was so you can't possess >10rd mags legally for a rifle while also owning a pistol that the mag can be used in.  But, as usual, the lawmakers created a mess rather than detailing what the intent was.  I think it would have been better to do as some people (OG) believe already applies.  Make possession of the pistol that accepts your rifle mags of >10rds illegal.  If all you have that fits your >10rd mag is a rifle, then no problem.

As written, the statute is ambiguous and confusing.  We all assume nobody is going to be charged with >10rd mags unless the mags are used in common factory-built pistols, and it's added as an additional charge to other worse ones.

I'm not a lawyer.  This is my summation of the AR Mag conundrum.  Take it with a grain of salt.

I personally only take 10rd or smaller capacity mags to the range.  Can't load more than 5 rds on the rifle range anyway, and the shorter mag doesn't get in the way as much when shooting at the bench.

As for buying online, it's hit or miss.  Some don't want to get involved in potential legal problems.  Others feel it's on the buyer to know their laws.  I've had buyers who shipped 30rd mags for 10 years suddenly stop.  It's just how things are.
"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

ren

Re: Magazine Restrictions
« Reply #16 on: June 01, 2021, 12:33:49 PM »
One of the officers that showed up to some anti-gun legislation is retiring.
https://www.kitv.com/story/44011302/hpd-deputy-chief-of-police-to-retire-after-45-years-of-service
Deeds Not Words

Flapp_Jackson

Re: Magazine Restrictions
« Reply #17 on: June 01, 2021, 12:35:32 PM »
One of the officers that showed up to some anti-gun legislation is retiring.
https://www.kitv.com/story/44011302/hpd-deputy-chief-of-police-to-retire-after-45-years-of-service

Quote
Rade Vanic will now serve as the interim Chief of Police.

Sounds like someone from the Avenger comics!   :geekdanc:
"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

aieahound

Re: Magazine Restrictions
« Reply #18 on: June 01, 2021, 12:48:06 PM »
Check out the thread I posted above.

One classic comment:
Go to Kokohead and look up and down the line.

Or an HDF range day.
Or a local gun shop other than SEC. (SEC is awesome but strict on their mag interpretation.)

https://gunmagwarehouse.com/

The grey is in that AR’s cannot be registered as a pistol if the mag is detachable.
Therefore, a detachable AR/AK mag cannot be used in a legal pistol in Hawaii.
There are a bunch of AR pistols in Hawaii with fixed (welded) magazines which are no longer detachable.
There is even a thread on how to make one legal and what methods of securing the mag to the receiver are acceptable to HPD. (Again, kind of a crap shoot.)

10-22 mags are a little trickier because of the Ruger Charger and it’s variants.



« Last Edit: June 01, 2021, 12:57:52 PM by aieahound »

omnigun

Re: Magazine Restrictions
« Reply #19 on: June 01, 2021, 01:05:38 PM »
some people don't understand this...

Amazing but Flapp basically explained it fairly well:

AR mags have existed in a "grayish area", due to the banning of AR pistols as manufactured.  All factory AR pistols have detachable mags.  While the most common method of making an AR pistol HI compliant is to epoxy/weld the mag into the magwell, making it impossible to insert a 20rd or 30rd AR mag, it's not the only method to become compliant.  As a side note, once you make the mag nondetachable, the 10rd limit no longer applies, so you could weld a 30rd mag into the pistol and be compliant.

Aiea followed up:

The grey is in that AR’s cannot be registered as a pistol if the mag is detachable.
Therefore, a detachable AR/AK mag cannot be used in a legal pistol in Hawaii.
There are a bunch of AR pistols in Hawaii with fixed (welded) magazines which are no longer detachable.
There is even a thread on how to make one legal and what methods of securing the mag to the receiver are acceptable to HPD. (Again, kind of a crap shoot.)