2aHawaii
General Topics => Legal and Activism => Topic started by: artesho on June 19, 2013, 12:18:19 PM
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Hey guys, I've done a search on this topic and found that there are opposing views regarding the legality of AR mags over the 10rd capacity. Does anyone know what is legal here in Hawaii?
One argument I've heard is that it is completely illegal to have AR mags over 10rds due to the fact that there are AR pistols.
Another argument is that AR mags with more than 10 rds is legal because AR pistols are illegal in Hawaii, making it NOT possible to have AR mags in pistols.
Another argument is that the definition of a pistol means the magazine is inserted into the grip of the firearm, therefore there is no such thing as a AR Pistol...
I understand that it is one of those grey areas but what gives? Anybody have some insight on this?
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http://2ahawaii.com/index.php?topic=9212.0 (http://2ahawaii.com/index.php?topic=9212.0)
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Both sides IMO fear a clearer definition will rule against them . Police want wording to include AR pistol and AR15 rifle. The shooting public and 2A supporters want wording to exclude the AR15 rifle. This applies to AK47. So if no one made AR or AK pistols, 30rnd magazines would be legal. The police are waiting for an incident (mass shooting) here in Hawaii so they will have the public outcry to ensure a total win with minimal political fallout.
So we all wait until someone on either side challenges the law.
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We just called the Attorney General about this last week
The AR-15 Pistol is classified as an Assault Pistol. As defined by the HRS
So since there is no legal AR Pistol. We AR owners can still enjoy our over 10 Round mags.
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With the way it is written, it sounds like as long as it can fit into a pistol then it is illegal, regardless of if the pistol is legal or not.
Same story with the rugar charger pistol and whatnot. That's why there modified to only accept some mags or mags for them are capped.
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We just called the Attorney General about this last week
The AR-15 Pistol is classified as an Assault Pistol. As defined by the HRS
So since there is no legal AR Pistol. We AR owners can still enjoy our over 10 Round mags.
Think we could get it in writing?
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We just called the Attorney General about this last week
The AR-15 Pistol is classified as an Assault Pistol. As defined by the HRS
So since there is no legal AR Pistol. We AR owners can still enjoy our over 10 Round mags.
Except that prior to a certain date some of these "assault pistols" (H&K SP89) were legal in Hawaii so although SP89 is illegal now it doesn't mean there aren't some in Hawaii legally. By the letter of the law it is illegal. Until the AG submits something in writing to the contrary it is not advisable to say otherwise.
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We just called the Attorney General about this last week
The AR-15 Pistol is classified as an Assault Pistol. As defined by the HRS
So since there is no legal AR Pistol. We AR owners can still enjoy our over 10 Round mags.
so does this mean BX25 mags for the 10/22 are legal?
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so does this mean BX25 mags for the 10/22 are legal?
The bx25 are not legal because of the magnum reasearch charger pistol. Which is a legal 10/22 based pistol.
The old ruger charger pistol was on the banned list. Now they have a lighter barrel so the new version is a legal pistol.
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(http://jeffbaij.com/blog/images/deadhorse.gif)
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(http://jeffbaij.com/blog/images/deadhorse.gif)
^^^^ :rofl: :rofl: :rofl: :rofl: :rofl:
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:)
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here's more info
http://2ahawaii.com/index.php?topic=2137.0 (http://2ahawaii.com/index.php?topic=2137.0)
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We just called the Attorney General about this last week
The AR-15 Pistol is classified as an Assault Pistol. As defined by the HRS
So since there is no legal AR Pistol. We AR owners can still enjoy our over 10 Round mags.
Except that there is an opinion by a Deputy AG that contradicts the info you were given and was directly responsible for one of the local shooting clubs to specifically limit magazines to 10 rounds. So, unless the AG's office provides you something in writing, your reliance on the info, especially in court, is worth nothing.
HRA has looked at this issue over the course of many years and supports the "no more than 10 rounds" interpretation. HDF I believe has come to the same conclusion.
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Moosed !
What are we hunting ?
:D
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HRA has looked at this issue over the course of many years and supports the "no more than 10 rounds" interpretation. HDF I believe has come to the same conclusion.
And yet I see dozens of HRA "members with their "more than 10 rounds" mags every single week.
Go figure
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Moosed !
What are we hunting ?
:D
Shhhh, We're hunting Wabbit !
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Most likely you'll end up having to bury your 11+ round mags in the backyard soon enough, and given the restrictive rules at the range the only reason you probably have them is for looks, anyway.
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The bx25 are not legal because of the magnum reasearch charger pistol. Which is a legal 10/22 based pistol.
The old ruger charger pistol was on the banned list. Now they have a lighter barrel so the new version is a legal pistol.
Really? I have seen Bx25's for sale locally and can swear I have seen people at khsc with them?
Are they treated the same way 30rd ar mags are? Supposedly illegal but not enforced?
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HDF I believe has come to the same conclusion.
We have had attorneys look into the issue, and have said they would have a very - very difficult time protection you should they choose to prosecute; you would likely be very easily convicted.
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Think we could get it in writing?
There are times to learn when things should left alone.
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Yet another reason the mini 14 is mo bettah than the AR.
No pistol version to muck it up.
I kid, I kid!
I like um both. :shaka:
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And yet I see dozens of HRA "members with their "more than 10 rounds" mags every single week.
Go figure
Every one, including HRA members are free to accept our interpretation or not.
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Yet another reason the mini 14 is mo bettah than the AR.
No pistol version to muck it up.
I kid, I kid!
I like um both. :shaka:
Somewhere in this world someone has turned a mini 14 into a pistol.
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O0
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A good number of Hawaii shooters refused to believe Chapter 134 HRS prohibits more than 10 round AR-15 magazines and will continue to used them and even bring them to the range. Good new is HPD does not seem to be actively enforcing the ban. Bad news is they could at anytime.
What would happen? Get busted, taken into custody at the range and you get a free ride to HPD. I would guess with a clean record bail could be $1000 or less. Bail bonds may get you out for 10% but better to get a friend or family member to post the $1000. ( you get it back normally after the trial) . You'll be arraigned in district court, plea not guilty and demand a jury trial. Maybe get the public defender to represent you (yes they are good). If not expect to pay $5000 for a decent private criminal defense attorney. What's your down side? One year in jail and $2000 fine and that's for each count. So if you got 5 such mags you could be exposed to 5 years in jail and a $10,000 fine. You win the case and get a not guilty verdict you walk. All you need to do is pay your lawyer the fee. And a big hassle trying to get back your magazines out of HPD evidence.
So is you strongly believe AR-15 more than 10 round magazines are lawful (they are not) please be prepared for the worst.
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(http://jeffbaij.com/blog/images/deadhorse.gif)
That's awesome! Beer came out my nose. Hahhaa. Lol! :rofl:
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That's awesome! Beer came out my nose. Hahhaa. Lol! :rofl:
lol
could we add it to the 2ahawaii emoticons? ;D