Debate on Magazine Capacity (Read 32844 times)

tonsofguns

Debate on Magazine Capacity
« on: February 23, 2011, 09:54:32 PM »
You folks sell 10/22 drums?

Alaskana

Re: Debate on Magazine Capacity
« Reply #1 on: February 23, 2011, 09:59:25 PM »
Yes!!!!!!!!! Now I do not have to surf AR15.com anymore.  OGC ROCKS!

Don't make me pm System_Message or Aimless... :thumbsup:

Funtimes

Re: Debate on Magazine Capacity
« Reply #2 on: February 24, 2011, 12:33:25 AM »
You folks sell 10/22 drums?

Sad it is pointless to have these types of things here, sucks all of our magazines over 10 rounds are illegal.  =/
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tundah

Re: Debate on Magazine Capacity
« Reply #3 on: February 26, 2011, 11:48:02 AM »
You folks sell 10/22 drums?

Sad it is pointless to have these types of things here, sucks all of our magazines over 10 rounds are illegal.  =/

 :wtf:  Since when?

Funtimes

Re: Debate on Magazine Capacity
« Reply #4 on: February 26, 2011, 01:03:29 PM »
You folks sell 10/22 drums?

Sad it is pointless to have these types of things here, sucks all of our magazines over 10 rounds are illegal.  =/

 :wtf:  Since when?

Probably since the law was ever first enacted. The important part is "capable of use in", which encompasses pretty much any magazine made.
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Posts are not legal advice & are my own, unless said so.

tundah

Re: Debate on Magazine Capacity
« Reply #5 on: February 26, 2011, 01:19:13 PM »
^^ Well, actually it doesn't.

Funtimes

Re: Debate on Magazine Capacity
« Reply #6 on: March 02, 2011, 12:56:05 PM »
^^ Well, actually it doesn't.

How so? The language is clear, it doesn't say "a pistol, which is able to be legally possessed, in the state of Hawaii."   Lets take a look.

What is a pistol?
"Pistol" or "revolver" means any firearm of any shape with a barrel less than sixteen inches in length and capable of discharging loaded ammunition or any noxious gas.

So -- what does this mean in the states eyes.  Rifles with barrels less then 16 inches ... pistol (Even though they are known as SBR, the states language says PISTOL).     Shotgun less then 16" , pistol for the state. (Don't forget flare guns). 

AR-15 has a pistol variant.  AK 47, has a pistol variant, .22 LR magazines, almost all can fit into some sort of "pistol".

Lets take a look at magazine restrictions.

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.

So what is capable? 

Having the ability, fitness, or quality necessary to do or achieve a specified thing. In this instance, that achieve a specified thing is the ability to be inserted into, "any firearm of any shape with a barrel less than sixteen inches in length and capable of discharging loaded ammunition or any noxious gas."

Arguments that firearms that accept these magazines are prohibited, and therefore we could have them, fall shorts of the law, don't accept that.  Don't believe me? Go consult an attorney. I strongly wager that you and your attorney after careful review of the law will come to the same conclusion. In fact, I'm almost certain this is already the conclusion the attorney general has come to. '


« Last Edit: March 02, 2011, 01:35:24 PM by Funtimes »
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Posts are not legal advice & are my own, unless said so.

Dregs

Re: Debate on Magazine Capacity
« Reply #7 on: March 02, 2011, 02:08:05 PM »
I'm not sure where the confusion is. "Capable of use in" is the killer blanket statement, as FT pointed out. That's kind of like claiming the Constitution is "confusing". No it's not. You just have to read it and stop trying to twist any part of it into something you agree with personally. The RIGHT. Of. THE PEOPLE. To. KEEP. And. BEAR. ARMS. Shall not. Be. INFRINGED. It's plain freaking english but people with agendas will try to convince others it's confusing. But, no one's done that here so I'm going waaaay off topic and on a rant sorry lol.

My question is: Does the Ruger 10/22 have a pistol variant or are it's magazines capable of use in any other pistol? If not then the Ruger 10/22 drum is no problem.

Funtimes

Re: Debate on Magazine Capacity
« Reply #8 on: March 02, 2011, 02:10:20 PM »
Id have to look at the magazine, but how about the charger?
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Posts are not legal advice & are my own, unless said so.

Dregs

Re: Debate on Magazine Capacity
« Reply #9 on: March 02, 2011, 02:31:46 PM »
http://en.wikipedia.org/wiki/Ruger_Charger
Wiki on ruger 10/22

22 Charger pistol

The 22 Charger pistol, introduced in late 2007, is a handgun based on the 10/22 action. The 22 Charger comes with a black laminated wood pistol stock with forend, a 10" (254 mm) matte blued heavy barrel, a bipod, and a Weaver style scope base in lieu of iron sights. Overall length is just under 20" (508 mm), making it quite large for a handgun. As it has an included bipod it is likely to be used from a shooting bench or table. The bipod attaches to a sling swivel on the stock fore-end, and is easily removable. Due to technical features, the Charger is not legally available in all U.S. states. [7][8]

It IS a variant of the Ruger 10/22. Darn. Though the charger is illegal in Hawaii, same shit as the AR, the 10/22 drum is hereby declared illegal in Hawaii by wiki article. lol.

Heavies

Re: Debate on Magazine Capacity
« Reply #10 on: March 02, 2011, 02:37:47 PM »
Although the drums are 'illeagal'  I have seen places sell them, and I have seen people use them.
I even saw places selling the chager pistol. :o

Seems HPD firearms section needs to come out with some sort of list for people to follow, since ignorance to a law is no excuse. However,  how can you follow the law when so many things are filled with doubt and questions?

That is how folks get into trouble!! >:(

Dregs

Re: Debate on Magazine Capacity
« Reply #11 on: March 02, 2011, 03:13:26 PM »
Word for word, 30+ round AR magazines are "illegal" as well, however poorly-thought-out it is - i.e. AR pistol variants are illegal in the first place. Yet they're still sold in most gun shops here. Same thing with the Ruger 10/22.

 My thoughts: it's a refusal to address the issue that results in a lack of enforcement. If they start actually taking responsibility and administering citations for posession of magazines with greater than 10 round capacity that is capable of use in a pistol, it would wake up the sleeping giant. No one likes getting their shit taken away or being fined for it.

What they should have done is reinforce it from day 1. Reconfirm to gun owners that these magazines are illegal, despite not being able to own these pistols it is capable of fitting in. They probably let it slide so it can quickly fall off the radar. They wanted to secure their inch they won and not make it a huge debate afterwards. But hey I wasn't alive at the time of the ban so blah that's just behavioral speculation.

pj_benn

Re: Debate on Magazine Capacity
« Reply #12 on: March 02, 2011, 03:29:47 PM »
You guys think its a good idea to push this subject at this time?

Dregs

Re: Debate on Magazine Capacity
« Reply #13 on: March 02, 2011, 03:42:09 PM »
It's most likely an inevitable subject and probably ride on the expected wave the new reciprocity bill will bring forth. Once that bill is passed, states have 90 days to get their shit in order to accomodate it. Hawaii will most likely take grief in that it's a FELONY to have a magazine of greater than 10 rounds capacity inserted to any pistol. Most mainlanders will have to go waaaaay out of their way to find and spend extra money to buy uncommon specially manufactured magazines with catered capacities rather than their common factory standard-capacity magazines they've been using for years.

Its most likely going to be a hot topic. But only if we make it a hot topic. It can go either way. They concede, or say too bad and clamp down harder. If we do nothing, nothing will change.

Let's make sure the citizen wins.



Visitors would have to create an extra space on their shelf labeled "Communist-friendly magazines" in case they travel to such states.  :rofl:
« Last Edit: March 02, 2011, 03:49:26 PM by Dregs »

Funtimes

Re: Debate on Magazine Capacity
« Reply #14 on: March 02, 2011, 04:20:57 PM »
You guys think its a good idea to push this subject at this time?

We want our firearm owners to be informed of the law, and not to get in trouble. Some people don't listen or dream up some counter argument. This stuff is already on the AG's radar.  Wait till different organizations start kicking dirt in their face and they will probably begin to enforce some of it.  Again, we just want the public to be informed -- and know the LAW as it is written. How much do you want to bet if they caught you with and charged you with a "high-capacity" magazine, that you are going to have a hell of a time getting your guns back.

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Posts are not legal advice & are my own, unless said so.

stegosaurus

Re: Debate on Magazine Capacity
« Reply #15 on: March 03, 2011, 12:54:38 AM »
What about those Saiga 20-round drums?
"When you outlaw guns, only the outlaws have guns."

Funtimes

Re: Debate on Magazine Capacity
« Reply #16 on: March 03, 2011, 01:08:45 AM »
What about those Saiga 20-round drums?

http://www.alliancearmament.com/acceleratorpistol-1.aspx

http://forum.saiga-12.com/index.php?showtopic=28428

Seems some companies manufacture short barrel shotguns, or shotgun pistols. My bet? They are banned too. Just saying  :wave:
I really think this stuff is dumb, and I don't believe that it was the spirit of the law, which is supposed to matter.  When dealing with our court systems, and their high levels of in-justice, I wouldn't leave much to chance.
Check out the Hawaii Defense Foundation.
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Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

tonsofguns

Re: Debate on Magazine Capacity
« Reply #17 on: March 03, 2011, 09:25:39 AM »
Heavies: which places? I know for sure SA has the 25 rounders.

Heavies

Re: Debate on Magazine Capacity
« Reply #18 on: March 03, 2011, 09:45:41 AM »
Heavies: which places? I know for sure SA has the 25 rounders.


Sorry Tons,
I'd rather not say, don't want to get anyone in trouble... for something that they thought was OK. ;D

tonsofguns

Re: Debate on Magazine Capacity
« Reply #19 on: March 03, 2011, 10:10:37 AM »
 :crazy: Well I guess I'll just have to visit every store on the island then!!!