AOW (Read 47792 times)

suka

Re: AOW
« Reply #40 on: January 12, 2014, 02:28:29 PM »
Any type of handgun with a smooth bore is an AOW under ATF. And just a normal pistol under HRS.

Cane guns, pen guns are also AOW and are also pistols under HRS. A certain gun store in hawaii actually sold pen gun awhile ago.
Some vintage belt gun are on the C&R list.

Since we cant conceal carry , cane guns, pen guns, belt guns cannot be worn and must be cased just like normal firearms. ( place to keep)

bubba808

Re: AOW
« Reply #41 on: January 12, 2014, 03:57:15 PM »
This thread gave me a headache.

Tom

Re: AOW
« Reply #42 on: January 12, 2014, 04:58:23 PM »
Any type of handgun with a smooth bore is an AOW under ATF. And just a normal pistol under HRS.

Since we cant conceal carry , cane guns, pen guns, belt guns cannot be worn and must be cased just like normal firearms. ( place to keep)

There does not appear to be a definition of shotgun in the HRS.    But HRS 134-8 prohibits "shotguns with barrel length under 18 inches" (SBS).   Would a smooth bore pistol not be classified as an SBS for Hawaii purposes?  Is the lack of a stock or the fact that it was manufactured as a pistol the key to having it not declared an SBS?   Or does the AOW stamp protect you in some sense?

--tom
Tom
NRA Endowment Member

Funtimes

Re: AOW
« Reply #43 on: January 12, 2014, 05:19:45 PM »
HPD can only recognize it as a pistol regardless if its a NFA item. Any firearm not having a sixteen inch barrel (only) as defined by HRS is a pistol. Regardless of other features. ATF has a different definition for a handgun. Notice the two has different names to describe the same type of firearm  ; pistol and handgun.

HPD has only 2 classifications for civilians, long gun, pistol. DD and black powder gun do not require registration thus HPD does not have any classification for  these firearms.

Not to butt heads, but HRS 134-1 only really defines a pistol and a firearm.  If you were looking at the statute, you could say it's a pistol or a firearm.  They don't define rifle or shotgun in the statutory definitions; I have not seen them defined else where either.
If not a pistol, then legislatively speaking, we couldn't really say what the hell it is imo!  I don't think they can pull into federal regs for their statutes either.   Had they of defined what a rifle is then we could probably have a couple more guns.
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.

Q

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« Reply #44 on: January 12, 2014, 05:23:09 PM »
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« Last Edit: December 12, 2016, 12:14:30 AM by Q »

Funtimes

Re: AOW
« Reply #45 on: January 12, 2014, 06:04:06 PM »
Q:

Things still have to be defined in the law for the user to have proper notice.  The entire gun rights game in pain in the ass states like California has been designed around language and statutory construction.  If it doesn't meet the requirements of the law, it's not covered.  Common sense counts for us, but not for them!
Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

suka

Re: AOW
« Reply #46 on: January 12, 2014, 07:36:26 PM »
There does not appear to be a definition of shotgun in the HRS.    But HRS 134-8 prohibits "shotguns with barrel length under 18 inches" (SBS).   Would a smooth bore pistol not be classified as an SBS for Hawaii purposes?  Is the lack of a stock or the fact that it was manufactured as a pistol the key to having it not declared an SBS?   Or does the AOW stamp protect you in some sense?

--tom

Under the GCA 68' a shotgun is defined:

18 USC 921(A)(5) and 27 CFR  478.11

The term “Shotgun” means a weapon designed or .............................. and intended to be fired from the shoulder,............ to fire through a smooth bore.
HRS does not define "shotgun" only barrel length of a firearm.

Thus, a smooth bore handgun cannot  be an SBS because it is not intended to be fired from the shoulders.

Darmok and Jalad @Tanagra

Re: AOW
« Reply #47 on: January 12, 2014, 07:47:07 PM »
Under the GCA 68' a shotgun is defined:

18 USC 921(A)(5) and 27 CFR  478.11

The term “Shotgun” means a weapon designed or .............................. and intended to be fired from the shoulder,............ to fire through a smooth bore.
HRS does not define "shotgun" only barrel length of a firearm.

Thus, a smooth bore handgun cannot  be an SBS because it is not intended to be fired from the shoulders.

Go buy a UTS or KSG shotgun!  If those don't satisfy you, then I doubt the SBS would offer anything more.

Just my 2 cents! ...
"... the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men."
--Justice Louis D. Brandeis

suka

Re: AOW
« Reply #48 on: January 12, 2014, 07:57:39 PM »
UTS ,  Dealer cost is $790 have one on order!!!!      >:D

WCMTWS

Re: AOW
« Reply #49 on: January 13, 2014, 02:26:18 PM »
This is considered a SBS, therefore illegal.

And before anyone starts crying about 'what is defined as a shotgun?', lets exercise some common sense:

1) What does it fire? 12ga.

2) What is the manufacture description of this weapon? Shotgun, short barrel shotgun, or sawed-off shotgun.

3) If defined as one of the descriptions above, what was the original intended use of this weapon? To be used as a shotgun.

"Since pistol grip only shotguns transfer as an “Other,” the ATF doesn’t consider them as shotguns by definition and as long as the overall length is greater than 26”, it isn’t considered an AOW by the ATF. With the non-NFA Mossberg conversion, the overall length is 26.5”so you can have a 14” barrel without the tax stamp. Auger Precision even includes the ATF tech letters with the conversion."

This is a Mossberg 500 that was built on a 500 Cruiser PGO firearm. the total length is 26 1/2". We use a complete 14" front end from a Mossberg 590A1 and a birds head grip to achieve the 26 1/2" total length. These will come in the original Mossberg 500 Crusier box for those that want to be ablt to prove that it has never had a stock on it. Each one will also come with copies of the ATF tech branch letters stating the ATF's opiniion that these are indeed federally legal and do not require a tax stamp. Please check you local and state laws to ensure that these are legal where you live. If you have any questions about these, please send us an email. More pictures will be up soon.



Good luck trying to convince the people behind the desk that this isn't a shotgun without some legal intervention on your behalf.


As DJT stated, playing legal world twister is fine if you want to spend the time doing so. But after countless hours and lawyer fees trying to prove your point, do you really want to waste your time and piss the people off who will later detail the fine points of the law to make it harder for us?

If anyone wants a SBS, get a shotgun with a 18'' barrel and a pistol grip. It will save us all the headache down the road. Just make sure you pretend you play terminator and fire it one hand so we can laugh at you when you sprain your wrist. A 18.5" barrel with or without a pistol grip is not a SBS.

Q

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« Reply #50 on: January 13, 2014, 03:55:03 PM »
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« Last Edit: December 12, 2016, 12:15:52 AM by Q »

macsak

Re: AOW
« Reply #51 on: January 13, 2014, 04:18:06 PM »
Yeah, but its the closest you will ever come to one in Hawaii.

Anyone who thinks they need a SBS is really a dumbass who has never really fired one, because aside from an attention draw it is no different than a 18.5'' barrel, 24'' overall w/ a pistol grip, unless you consider the fact that it has more rounds.

And if anyone thinks they need a 14'' weapon to maneuver around their home, they obviously have some issues, have misconstrued concepts of how NOT awesome firing one of these is, or are just trying to be ichiban tactical fan boy.

Q
you should let things out instead of holding back all the time
let us know how you really feel

 :popcorn:

Q

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« Reply #52 on: January 13, 2014, 05:14:29 PM »
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« Last Edit: December 12, 2016, 12:15:59 AM by Q »

WCMTWS

Re: AOW
« Reply #53 on: January 13, 2014, 05:26:16 PM »
Yeah, but its the closest you will ever come to one in Hawaii.

Anyone who thinks they need a SBS is really a dumbass who has never really fired one, because aside from an attention draw it is no different than a 18.5'' barrel, 24'' overall w/ a pistol grip, unless you consider the fact that it has more rounds.

And if anyone thinks they need a 14'' weapon to maneuver around their home, they obviously have some issues, have misconstrued concepts of how NOT awesome firing one of these is, or are just trying to be ichiban tactical fan boy.

Yes it's a 4.5" difference between at 18.5.

No one NEEDS and AR either. But I certainly wouldn't turn down a SBS or SBR.

Funtimes

Re: AOW
« Reply #54 on: January 14, 2014, 07:12:47 AM »
Shooting that out of the car would be interesting. I need one of these because it just looks cool =p.  In fact... I need them all! They are like pokemon.
Check out the Hawaii Defense Foundation.
HDF on Facebook
Defender of the Accused in Arkansas Courts
Posts are not legal advice & are my own, unless said so.

new guy

Re: AOW
« Reply #55 on: January 14, 2014, 08:34:40 AM »
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« Last Edit: August 20, 2016, 08:39:56 PM by new guy »
Your mindset is your primary weapon. - Jeff Cooper

Q

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« Reply #56 on: January 14, 2014, 09:44:58 AM »
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« Last Edit: December 12, 2016, 12:16:11 AM by Q »

Tom

Re: AOW
« Reply #57 on: January 14, 2014, 09:55:20 AM »

If someone wants to invest THEIR own time, money, and effort to legally obtain and own a firearm that falls within that grey area of statutory interpretation, and if that person possesses the prerequisite appetite for risk, then I, as a supporter of the 2nd Amendment, am all for it.


IMO, there is no grey area.  If something is not illegal, it is legal.  If it's legal and you want it,  that's your right. 

--tom
Tom
NRA Endowment Member

Darmok and Jalad @Tanagra

Re: AOW
« Reply #58 on: January 14, 2014, 10:07:32 AM »
IMO, there is no grey area.  If something is not illegal, it is legal.  If it's legal and you want it,  that's your right. 

--tom

There is always grey area.  It's just another name for "ambiguity."  Our geniuses in the legislature wordsmith and amend laws to the point there are always contradictions and inconsistencies.  Those problems create ambiguous laws.

Courts normally interpret ambiguous laws in favor of the individual, not the state.  Unfortunately, you have to go to court to get that ruling.  In the meantime, you are subjected to the decisions of those registering firearms to allow/disallow whatever you think is legal.

In a perfect world,  the law would be easy.  We live in a world of lawyers and politicians who often pass laws of which they have no firsthand knowledge.
"... the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men."
--Justice Louis D. Brandeis

Tom

Re: AOW
« Reply #59 on: January 14, 2014, 10:33:16 AM »
There is always grey area.  It's just another name for "ambiguity."  Our geniuses in the legislature wordsmith and amend laws to the point there are always contradictions and inconsistencies.  Those problems create ambiguous laws.

Good point.  However, the AOWs we have been discussing do not fall into a grey area.  There is a list of firearm types which are illegal in HRS.   If the type of firearm you desire is not in that list, it's legal as per Hawaii law.  That isn't even an overly technical reading of the law.   I would not consider it a loophole or a drafting error (both of which I would consider a grey area).  If you want one by all means buy it.   I don't buy the "self-ban" concept of not acquiring because someone might change the law to make it illegal later.   "A right not exercised is a right lost".

The "why do you need it?" question, as others have stated, is the tactic used by anti-gunners to attack our rights.
« Last Edit: January 14, 2014, 10:39:38 AM by Tom »
Tom
NRA Endowment Member