Hawaii Magazine Law (Read 3379 times)

monster796

Hawaii Magazine Law
« on: January 02, 2014, 12:00:58 PM »
Hello folks,

I understand there are multiple links here about the legality of magazines with a capacity higher than 10 rounds. I firmly believe this needs to be addressed as it presents a danger for folks who own or buy such items. I think the best thing we can do is see if Senator Slom could submit legislation that changes the wording of current laws that legalizes AK and AR Standard capacity magazines (15,20,30 rounders and above). Hell from what I have heard it’s not an issue now and I looked on line and it looks like shops here sell them (sometimes only to military and law enforcement). Folks could keep quiet about it but it’s like the traveling to or from the airport with firearms being illegal issue I posted on. Someone might get bitten by these stupid laws. No one is being attacked right now so I firmly believe we need to have this corrected before a good law abiding citizen suffers. That leads me to another point. If they only sell to military and law enforcement does that mean it’s legal for military and police to possess? How can a Military member or Police officer avoid getting screwed when others cannot? Just curious about that part. I think we should bring this to light (to the right people) but, I could be wrong.


-Rico

suka

Re: Hawaii Magazine Law
« Reply #1 on: January 02, 2014, 12:17:58 PM »
It has been addressed before.
A bill barely made it thru the Senate and was killed in commitee. Both the AG and HPD reps strongly opposed the repeal.

Darmok and Jalad @Tanagra

Re: Hawaii Magazine Law
« Reply #2 on: January 02, 2014, 12:40:34 PM »
Hello folks,

I understand there are multiple links here about the legality of magazines with a capacity higher than 10 rounds. I firmly believe this needs to be addressed as it presents a danger for folks who own or buy such items. I think the best thing we can do is see if Senator Slom could submit legislation that changes the wording of current laws that legalizes AK and AR Standard capacity magazines (15,20,30 rounders and above). Hell from what I have heard it’s not an issue now and I looked on line and it looks like shops here sell them (sometimes only to military and law enforcement). Folks could keep quiet about it but it’s like the traveling to or from the airport with firearms being illegal issue I posted on. Someone might get bitten by these stupid laws. No one is being attacked right now so I firmly believe we need to have this corrected before a good law abiding citizen suffers. That leads me to another point. If they only sell to military and law enforcement does that mean it’s legal for military and police to possess? How can a Military member or Police officer avoid getting screwed when others cannot? Just curious about that part. I think we should bring this to light (to the right people) but, I could be wrong.


-Rico


It is often smarter to not ask a question if the most likely answer is not the one you want to hear.  The easiest thing for the state to do if pushed to make the law clearer will be to make the rule more strict, not less strict.  You should consider the impact of that on the gun community as a whole, and not just how you personally feel about the current situation.

This topic has been discussed on this forum repeatedly.  Recommend you take time to review all the points discussed there rather than start yet another regurgitation of the same information, assumptions, interpretations, and beliefs.  Funtimes has done tons of direct research with lawyers, and there are plenty of anecdotal stories to support both sides of the debate.

What it comes down to is, why make an issue of something before it is an issue?  The ambiguity, lack of direct guidance, and non-enforcement actually works in the individual gun owners favor if they find themselves in trouble for this. 

I understand some people want to try and push the envelope, having the most extreme toys allowed by law, and that requires they understand the limits of the law.  However, in some cases, it's best to stay below the radar and not draw attention to a "grey area" that in reality isn't a logical limitation to begin with.

My personal thoughts: 

(1)  a 10 round limit does nothing for public safety, either in rifles, shotguns or handguns.  It is up to the owner to decide how many rounds are enough for their needs, not politicians.  One size does NOT fit all!
(2)  restricting some types of firearms to 10 rds mags and not others proves even law makers don't believe the rationale is sound, or else all > 10 rd mags would be banned without exception.  This supports the fact that > 10 rd mags in many rifles are not "high capacity", but rather "standard capacity" magazines.
(3)  The 10-rd limit for handgun mags is specific to that type of gun.  The size limit on mags for rifles which also fit handguns is part of that rationale.  Not having a pistol that accepts a rifle magazine > 10 rds demonstrates there is no intent to possess, own or use a pistol with the > 10 rd rifle mags.  To me, if the intent of the law is met, there's less chance of being in violation.
(4)  All of the points above are invalid, because the state is not interested in common sense laws for guns.  They pass laws that require owners to jump through hoops, and you risk stiff penalties for failing to negotiate them.

Careful what you ask for.  The answer will be something we all have to live with.

"... the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men."
--Justice Louis D. Brandeis

monster796

Re: Hawaii Magazine Law
« Reply #3 on: January 02, 2014, 12:53:37 PM »
Thanks for the input folks! What about the Military and Police sales? Is there a law exempting such folks? I havent been able to find anything. Thanks, you folks are my heros! :)

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Re: Hawaii Magazine Law
« Reply #4 on: January 02, 2014, 12:56:57 PM »
     §134-11  Exemptions.  (a)  Sections 134-7 to 134-9 and 134-21 to 134-27, except section 134-7(f), shall not apply:
     (1)  To state and county law enforcement officers; provided that such persons are not convicted of an offense involving abuse of a family or household member under section 709-906;

     (2)  To members of the armed forces of the State and of the United States and mail carriers while in the performance of their respective duties if those duties require them to be armed;

     (3)  To regularly enrolled members of any organization duly authorized to purchase or receive the weapons from the United States or from the State; provided the members are either at, or going to or from, their places of assembly or target practice;

     (4)  To persons employed by the State, or subdivisions thereof, or the United States while in the performance of their respective duties or while going to and from their respective places of duty if those duties require them to be armed;

     (5)  To aliens employed by the State, or subdivisions thereof, or the United States while in the performance of their respective duties or while going to and from their respective places of duty if those duties require them to be armed; and

     (6)  To police officers on official assignment in Hawaii from any state which by compact permits police officers from Hawaii while on official assignment in that state to carry firearms without registration.  The governor of the State or the governor's duly authorized representative may enter into compacts with other states to carry out this paragraph.

     (b)  Sections 134-2 and 134-3 shall not apply to such firearms or ammunition that are a part of the official equipment of any federal agency.
     (c)  Sections 134-8, 134-9, and 134-21 to 134-27, shall not apply to the possession, transportation, or use, with blank cartridges, of any firearm or explosive solely as props for motion picture film or television program production when authorized by the chief of police of the appropriate county pursuant to section 134-2.5 and not in violation of federal law. [L 1988, c 275, pt of §2 and am c 272, §2; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 1996, c 60, §§1, 2; am L 1999, c 202, §1 and c 297, §2; am L 2006, c 66, §4]
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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Funtimes

Re: Hawaii Magazine Law
« Reply #5 on: January 02, 2014, 03:39:13 PM »

It is often smarter to not ask a question if the most likely answer is not the one you want to hear.  The easiest thing for the state to do if pushed to make the law clearer will be to make the rule more strict, not less strict.  You should consider the impact of that on the gun community as a whole, and not just how you personally feel about the current situation.


This is why I have never pursued questioning on the issue.  We were going to try and get an answer on a detachable magazine, but didn't want to push that issue either.  Just isn't worth it.  As said above, don't ask questions you really may not want answers to.
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Posts are not legal advice & are my own, unless said so.

monster796

Re: Hawaii Magazine Law
« Reply #6 on: January 02, 2014, 04:24:04 PM »
Great insight guys. Ill focus my dedication to other beneficial areas  :shaka: