2aHawaii
General Topics => General Discussion => Topic started by: SixTenShooter on March 25, 2018, 04:11:43 PM
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I am doing some research on the rules before moving to Oahu, (It pains me) and I wanted to make sure I am reading iit correctly. If a rifle magazine is capable of being used in a pistol, it is banned if more than ten rounds. If that us the case, all AR, vz58, ruger 10/22, cz scorpion mags can only be 10 rounds since there are pistol versions of the above? If this is the case, the list of less items I can bring is getting bigger.
Also, with recent events nationally, is there any legislation being proposed or voted on that I should be aware of that will either further limit my options of what to bring? Any possible future bans? I already removed a binary trigger from an AR to comply, but now I fear that was pointless if ARs are going to be an issue. Thanks for the info.
- SixTen
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I believe it means that you can't put a mag into a pistol that has more than 10 rounds capacity. Often most internet retailers won't sell a pistol with a large cap mag to Hawaii, and some won't sell a rifle to us (like Classic Firearms) with a high cap mag because fuck us, that's why.
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I am doing some research on the rules before moving to Oahu, (It pains me) and I wanted to make sure I am reading iit correctly. If a rifle magazine is capable of being used in a pistol, it is banned if more than ten rounds. If that us the case, all AR, vz58, ruger 10/22, cz scorpion mags can only be 10 rounds since there are pistol versions of the above? If this is the case, the list of less items I can bring is getting bigger.
Also, with recent events nationally, is there any legislation being proposed or voted on that I should be aware of that will either further limit my options of what to bring? Any possible future bans? I already removed a binary trigger from an AR to comply, but now I fear that was pointless if ARs are going to be an issue. Thanks for the info.
- SixTen
Sent from my SM-G955U using Tapatalk
This is why I was asking. This is from http://hawaiirifleassociation.org/hawaii-gun-laws/
"Hawaii state law prohibits greater than 10 round detachable pistol magazines (including rifle magazines capable of use in any pistol, such as the AR-15/M16, AK, M1 carbine, H&K carbine, Thompson, and aftermarket Ruger .22 magazines) unless blocked to hold 10 rounds or less and “not readily restorable.”
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(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.
https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0008.htm
Never heard of a M1 pistol before.
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(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.
https://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0134/HRS_0134-0008.htm
Never heard of a M1 pistol before.
https://www.americanrifleman.org/articles/2016/1/14/review-inland-mfgs-advisor-m1-pistol/
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From HRA website:
Hawaii state law prohibits greater than 10 round detachable pistol magazines (including rifle magazines capable of use in any pistol, such as the AR-15/M16, AK, M1 carbine, H&K carbine, Thompson, and aftermarket Ruger .22 magazines) unless blocked to hold 10 rounds or less and “not readily restorable.” Possession of illegal magazines is a misdemeanor, one count per magazine, and possession of a handgun with one inserted is a class C felony. There is much debate among gun owners, law enforcement, and dealers over the interpretation of this portion of the statutes when rifle magazines which fit handguns are considered, and the prohibition is generally not enforced.
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https://www.americanrifleman.org/articles/2016/1/14/review-inland-mfgs-advisor-m1-pistol/
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Cool but fugly.
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This is why I was asking. This is from http://hawaiirifleassociation.org/hawaii-gun-laws/
"Hawaii state law prohibits greater than 10 round detachable pistol magazines (including rifle magazines capable of use in any pistol, such as the AR-15/M16, AK, M1 carbine, H&K carbine, Thompson, and aftermarket Ruger .22 magazines) unless blocked to hold 10 rounds or less and “not readily restorable.”
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It's a misdemeanor to possess an illegal magazine. It's a felony to have that magazine inserted into a pistol, whether or not the mag or pistol contains any ammo.
The HRA quote you posted pretty much tells you what you need to know about some examples of prohibited magazines.
One thing not mentioned is, it costs about the same to have a mag blocked by an FFL as it does to buy a factory 10-rd mag. If you want to keep your >10rd mags, you can completely disassemble them as "parts kits." As long as they remain disassembled, they aren't considered magazines. If you plan on traveling with a pistol to places you can legally carry, you might want to keep these kits so you can assemble them for use where they are legal. Just remember to take them apart before returning to Hawaii.
There are some online and local retailers that sell >10-rd AR and AK mags to non-LEO, and others who refuse. The rationale for selling them is that AR15 "assault pistols" are illegal to own here unless you disable the semi-auto action and/or weld the magazine to the receiver so it is no longer removable (of course the mag permanently attached must be 10rd or less). Since the prohibition seems to not be enforced, the 10-rd limit for AR15 mags is inconsistently adhered to.
As for the AK mags listed in the HRA quote, most stores and online retailers will sell >10rd mags for AK rifles. AK pistols don't seem to be as popular, but the same rules for avoiding it being an assault pistol apply.
Technically, any and all rifles could be built as, or converted to, a pistol. Tying the file magazine limitation to the existence of a pistol that uses the same mag is just confusing and serves no real purpose. Seems to be a lame attempt to defuse the "That Glock mag is for my carbine" arguments.
Some here have commented that modifying a rifle so it only accepts >10-rd mags with compatible modifications, modifications which prevent using them in a pistol, would be a workaround. I don't see anything in the law that states that. Not sure it's worth paying a lawyer to prove your point in court. Plus, it doesn't preclude using new unmodified >10rd mags, or "borrowing" some from a friend with the same rifle. Workarounds have a tendency to be called "circumventing", which becomes "violating" the law.
It's much more complicated than it needs to be. Rule of thumb: always take 10rd or less mags to the range. You can't use more than 5 rds at a time on the pistol and rifle ranges anyway.
This information has been posted online for years. The laws are poorly written, and the state AG refuses to provide an interpretation for us peons who pay their salaries. Err on the side of caution.
I'm not a lawyer, If you have specific questions about particular firearms and magazines, you should ask your attorney.
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he laws are poorly written, and the state AG refuses to provide an interpretation for us peons who pay their salaries..
a question best left unanswered.
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a question best left unanswered.
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Don't poke the hornets nest.
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Officers behind the firearm desk like to interpret the laws, sometimes randomly.