law enforcement only ammo (Read 10075 times)

2asupport

law enforcement only ammo
« on: February 21, 2011, 06:44:37 PM »
I found this interesting,  couldn't even tell you how I came across it. 

This is a paragraph addressing LEO carrying under LEOSA.  I did not capitalize cannot, only bolded the part that interested me.
...

"The ammunition loaded in your concealed firearm CANNOT
be Teflon coated or designed to explode or segment upon
impact. Ammunition sold as “law enforcement only” cannot
be possessed in Hawaii unless you are an authorized law
enforcement officer. 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 is
prohibited in the State of Hawaii."

http://hawaii.gov/ag/criminal_justice/LEO/Guidelines%20QRLEO.pdf

Alaskana

Re: law enforcement only ammo
« Reply #1 on: February 21, 2011, 06:52:52 PM »
Anyone know if/how this effects hornaday TAP, Speer lawman, etc?  They are marketed as such, but not sold as LE only.

2asupport

Re: law enforcement only ammo
« Reply #2 on: February 21, 2011, 06:55:16 PM »
thats the thing. I cant find this wording in any "civilian" laws.  I know alot of guys with the Winchester Ranger's, hst's and the like.

2aHawaii

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Re: law enforcement only ammo
« Reply #3 on: February 22, 2011, 03:00:56 PM »
I can't find any actual laws on the books doing a cursory search. If there were anything, it should be under HRS-134.
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

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HiCarry

Re: law enforcement only ammo
« Reply #4 on: February 23, 2011, 07:23:13 PM »
The LEOSA permits active or qualified LE to carry concealed but they have to otherwise follow the applicable state laws concerning concealed carry except as otherwise expressely allowed underr LEOSA. For example, in New Jersey hollow point ammuntion is prohibitted except for LE use. That means only New Jersey LE can possess hollow point ammunition. A LEO carrying under the auspices of the LEOSA may not, even if an active LEO somewhere else, carry hollow point ammo.

In Hawaii, it is illegal to have Teflon coated ammo, or other types of ammo as described in 134-8. Therefore, even if such ammo was legal for an LEO to have in their jurisdiction, it would not be legal for them to have that ammo here.

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 prohibited:  assault 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.     (b)  Any person who installs, removes, or alters a firearm part with the intent to convert the firearm to an automatic firearm shall be deemed to have manufactured an automatic firearm in violation of subsection (a).

     (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.

     (d)  Any person violating subsection (a) or (b) shall be guilty of a class C felony and shall be imprisoned for a term of five years without probation.  Any person violating subsection (c) shall be guilty of a misdemeanor except when a detachable magazine prohibited under this section is possessed while inserted into a pistol in which case the person shall be guilty of a class C felony. [L 1988, c 275, pt of §2; am L 1989, c 261, §6 and c 263, §4; am L 1992, c 286, §§3, 4]

2asupport

Re: law enforcement only ammo
« Reply #5 on: February 23, 2011, 07:40:54 PM »
HiCarry,

I'm aware of  that.  I was pointing out the " law enforcement only ammo"  text in Hawaiis LEOSA law/statute.   Disregard the teflon/fragmenting ammunition part of it.


" Ammunition sold as “law enforcement only” cannot
be possessed in Hawaii unless you are an authorized law
enforcement officer."

2aHawaii

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Re: law enforcement only ammo
« Reply #6 on: February 24, 2011, 06:04:55 AM »
HiCarry, would you say that means that frangible ammo is illegal in Hawaii for civilians?

Have we talked about that before? I seem to remember some discussion about it.
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

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HiCarry

Re: law enforcement only ammo
« Reply #7 on: February 24, 2011, 07:48:03 AM »
HiCarry, would you say that means that frangible ammo is illegal in Hawaii for civilians?

Have we talked about that before? I seem to remember some discussion about it.
I don't know if we had discussed it before, but after discussions with various folks (LE, lawyers) I believe that frangible ammo is illegal in Hawaii. As for the "law enforcement only" types of ammo, I know some of the stores in Hawaii sell some ammo so marked. SOme stores sell to non-LEO (Like "high-capacity magazines, I believe "civillian" is a bad choice of words when comparing LEO to non-LEOs. But that is ljust my little pet-peeve...) and others will not.

Note that nowhere in HRS 134-8 does it state any other ammo as being available only for purchase by LE. So, regardless of the markings on the box, one could argue that non-LE can indeed purchase ammo marked as "LE only."  The AG statement you link to carried little weight in regards to defining the ammunition referenced. In the beginning of the statement it states that the info provided is not legal advice and is provided as a courtesy only. So, again, I would argue that since Hawaii law does not have a provision for prohibitting any ammunition other than that expressely noted in 134-8, and that currently there is only one brand of ammo ever designed specifically designed to penetrate bullet resistant vests, and that ammo is no longer available nor was it ever made available for purchase to non-LE, that any other ammo, marked "for LE only" or not, is legal for sale to non-LE in Hawaii.

Again, IANAL and the above represents my opinion only.

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Re: law enforcement only ammo
« Reply #8 on: February 24, 2011, 11:29:09 AM »
Oops with the civilian term. Non-LEO sounds much better :)
I am not a lawyer.

"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." - United States Constitution Amendment 2 & Hawaii State Constitution Article 1 Section 17

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Old Guy

Re: law enforcement only ammo
« Reply #9 on: February 25, 2011, 07:11:06 AM »
AFAIK, has NO LEGAL basis here in Hawaii.

As per my legal friend.