2aHawaii
General Topics => General Discussion => Topic started by: michaelkih on June 09, 2018, 12:04:10 AM
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I'm sorry if this is beat to death, but I can't seem to get a 100% strait answer. Are 30 round 7.62x39 AK magazines legal? I would assume since they are for a rifle, that they are, but nothing about the gun laws here in Hawaii makes sense to me, so I'd rather ask the people that have had to deal with this crap longer than me and probably know the rules way better than I do as well. I have brought several bakelite magazines over and want to know if I need to put 10 round blockers in them to avoid becoming a felon or something ridiculous. I appreciate any help! Thanks guys!
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I know to hunt I have to put 10 round limiters in them, but I'm wondering about for general home protection and general range use.
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It depends on who you ask. Literally.
From the Hawaii Rifle Association 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.
http://hawaiirifleassociation.org/hawaii-gun-laws/
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It depends on who you ask. Literally.
From the Hawaii Rifle Association website:
http://hawaiirifleassociation.org/hawaii-gun-laws/
I appreciate your reply. It's what i was fearing.
But you can't own those pistols here right? I guess it's just better to be safe than sorry. Absolutely ridiculous. I love how somehow when I'm in Texas half the year I'm safe enough to have my machine gun collection, and typically drive to the range with my full auto MG42 or M60E6 in the passenger seat, but somehow when I'm here in Kauai the other half of the year I'm not intelligent enough to even have a regular sized pistol magazine. Ridiculous.
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I appreciate your reply. It's what i was fearing.
But you can't own those pistols here right? I guess it's just better to be safe than sorry. Absolutely ridiculous. I love how somehow when I'm in Texas half the year I'm safe enough to have my machine gun collection, and typically drive to the range with my full auto MG42 or M60E6 in the passenger seat, but somehow when I'm here in Kauai the other half of the year I'm not intelligent enough to even have a regular sized pistol magazine. Ridiculous.
This is really "dead horse beating" territory.
Simply put, it's best to only use 10rd or smaller capacity mags when you go anywhere in the state. If you have mags that are > 10rds, you can disassemble them. Those are no longer mags -- they are mag parts kits.
Theoretically, anyone can make a pistol from any rifle receiver. So, the law as written is superfluous, not to mention ambiguous. Why even have such a clause tying mag capacity to whether a rifle mag fits a pistol if the intent is to limit all mags? That tells me they only cared about pistols. I personally think if you don't have a pistol that can use your rifle mags, the law has been satisfied in its intent. But as written, they leave out all the "common sense".
On the rifle range, you can only load 5 rounds. Same for hunting. Not many places you can really take advantage of > 10rds in a rifle.
I only have 10rd or smaller mags when I go shooting. Anything else is a parts kit. Those can be useful if you travel to a state that allows standard capacity mags.
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It will always be a gray area for the foreseeable future. The only way to get a 100% answer is to ask a government official to rule on it, sue, try to get arrested for it, or change the law. Doing so would result in a 100% for sure ban. Best to not push the issue.
The original intent was for pistol magazines but government officials only see it how they want to see it.
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Heres my take on it.
An AK pistol by definition is an Assault Pistol (as defined in HRS 134-1) and as such any magazine that would fit into it is an assault pistol magazine and not a pistol magazine.
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If you're still worried, go to Koko Head. Look up and down the firing line. Judge your odds of getting busted based on the host of 30 round mags on display. Evaluate if a minuscule chance of misdemeanor is worth worrying about. I would think we would have heard if someone was getting busted for rifle mags. I'm pretty sure there's plenty of HPD enjoying their day off at the range along with the rest of us so it's not like the cops are unaware.
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Thanks everyone. I went ahead and ordered some easy 10 round blockers. It's just not worth the BS for me. I can enjoy actual gun freedom when I'm in Texas with my transferable full autos and with being an FFL/SOT there. Somehow my rights magically change half the year when I'm back on Kauai. I just have this one gun here for self defense and hunting, so whatever. I'm just glad to be able to live back in Kauai half the year or more now, but this stuff sucks and is hard to swallow after living in Texas for over 20 years since I was 12. Sorry if I'm appearing grumpy. The laws here just bother me a lot. Being an SOT in a gun friendly state then a regular civilian owner in a gun opressed state is an odd transition to make evry 6-8 months. Thanks again everyone and for the patience with me.
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Heres my take on it.
An AK pistol by definition is an Assault Pistol (as defined in HRS 134-1) and as such any magazine that would fit into it is an assault pistol magazine and not a pistol magazine.
I like the way you think.
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Lets say it is illegal, its a misdamenor and not a felony. Only a felony if its inserted into a pistol. So non-ak pistol =misdamenor.
Also hawaii law has 2 definitions, 1 for pistol and 1 for "assault pistol". And the mag limit specifically states "pistol mag".
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I like the way you think.
Doesnt matter what we think. It depends on what law enforcement, prosecutor, and the jury think.
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the 1st time I took my AR to the KHSC rifle range, dutifully in compliance, with only 10rd mags, I noticed one AR dude to my left with 40rd Pmags no hassles, another AR guy to my right with the USGI patina'd aluminum 30rd mags, of course, all only loaded to 5rds. I felt pretty stupid. However, at KHSC, I still use the 10rd mags, but only because with the bipod, to clear the bench. I go elsewhere to shoot rifle with the 30rd, 40rd mags if I have that need. I see AK guys pretty regularly at KHSC with their 30rd banana mags, of course, ostensibly loaded with 5rds only.
just my observation, not inferring anything from that.
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Lets say it is illegal, its a misdamenor and not a felony. Only a felony if its inserted into a pistol. So non-ak pistol =misdamenor.
Also hawaii law has 2 definitions, 1 for pistol and 1 for "assault pistol". And the mag limit specifically states "pistol mag".
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The reason why mainland distributors no longer sell standard capacity magazines for multiple weapon systems to people in Hawaii, to include AK, AR and 10/22 mags, is precisely because of the assault pistol law.
If you wanna take the chance of it equating to a misdemeanor in a potential situation, be our guest.
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By the strictest definition of the law it technically is illegal to have a 30 round AK magazine. However it does not seem to be enforced at all. All the gun shops I have seen will sell 30 round rifle magazines two regular people even though they could technically fit in pistol versions of the same guns. Of course ignorance is not a defense however you relied on the store call owners advice when you purchased it from him. It is a risk I guess but a small risk. It hasn't stopped me from buying 30-round AR magazines.
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By the strictest definition of the law it technically is illegal to have a 30 round AK magazine. However it does not seem to be enforced at all. All the gun shops I have seen will sell 30 round rifle magazines two regular people even though they could technically fit in pistol versions of the same guns. Of course ignorance is not a defense however you relied on the store call owners advice when you purchased it from him. It is a risk I guess but a small risk. It hasn't stopped me from buying 30-round AR magazines.
Arent LEO exempt from any restrictions on purchasing standard capacity magazines?
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Keith kaneshiro (city prosecutor) said he wont enforce, unless involved in a crime (add on charge)
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Arent LEO exempt from any restrictions on purchasing standard capacity magazines?
I believe they are exempt. I think they should be held to the same 10 round restrictions as ordinary citizens as they receive more training than average Joe-with-a-gun.
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Get belt fed, problem solved.
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Get belt fed, problem solved.
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Actually, I own 5 full auto belt feds. All have to stay at my Texas house though. :( Shittyyyy!!
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Keith kaneshiro (city prosecutor) said he wont enforce, unless involved in a crime (add on charge)
Good to know that someone is reasonable. Thanks!
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Thanks a lot everyone. I really appreciate all of the input here.
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Good to know that someone is reasonable. Thanks!
Yeah.
Reasonable.
FBI corruption investigation targets city prosecutor
Posted: Thursday, January 18th 2018, 7:41 pm HST
Updated: Thursday, January 18th 2018, 8:10 pm HST
Honolulu prosecuting attorney Keith Kaneshiro is the target of an FBI investigation into corruption
at the highest levels of law enforcement on Oahu.
On Thursday, Kaneshiro's first deputy, Chasid Sapolu, spent hours testifying before a federal grand
jury. And this is not the first time.
Hawaii News Now has seen him go to the grand jury room multiple times in recent weeks.
Also called in recent weeks: Kaneshiro's executive assistant, Carol Nakamura.
Multiple, high-ranking Honolulu police officers and former police officers were also there to testify
Thursday.
The grand jury will decide if Kaneshiro should face public corruption charges.
The case is connected to the one against former Police Chief Louis Kealoha and his deputy
prosecutor wife, Katherine.
The Kealohas, along with multiple others HPD officers, are already awaiting trial for corruption-
related crimes.
http://www.hawaiinewsnow.com/story/37300900/hawaii-news-now-video-confirms-honolulu-prosecuting-attorney-is-target-of-fbi-investigation
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I mean I'm not surprised at all by your post lol. Hawaii is the most corrupt state I've lived in by far. It's sad. Still glad to be home though, but it's pretty annoying.
Yeah.
Reasonable.
FBI corruption investigation targets city prosecutor
Posted: Thursday, January 18th 2018, 7:41 pm HST
Updated: Thursday, January 18th 2018, 8:10 pm HST
http://www.hawaiinewsnow.com/story/37300900/hawaii-news-now-video-confirms-honolulu-prosecuting-attorney-is-target-of-fbi-investigation