AOW (Read 47804 times)

new guy

Re: AOW
« Reply #60 on: January 14, 2014, 10:47:27 AM »
.
« Last Edit: August 20, 2016, 08:38:44 PM by new guy »
Your mindset is your primary weapon. - Jeff Cooper

Tom

Re: AOW
« Reply #61 on: January 14, 2014, 11:06:59 AM »
I concede that there are grey areas, I just don't think this is one of them.

On a lighter note there is a story I read about a while ago where a man was convicted of murder. New York, at the time, was transitioning from hanging to the electric chair for capital punishment.  There was a several month gap where, due to a legislative error, hanging was illegal but the electric chair was not yet legal.  The attorneys argued that there was no way for the state to execute him and since the man was convicted of murder and execution was mandatory, the state did not have the option to imprison him.  Therefore, he should be released.  I believe the case went up to the New York State Supreme court which stated something like “A slip in syntax should not legalize murder”.  He was hung.

That’s a grey area!
Tom
NRA Endowment Member

new guy

Re: AOW
« Reply #62 on: January 14, 2014, 11:15:30 AM »
.
« Last Edit: August 20, 2016, 08:39:08 PM by new guy »
Your mindset is your primary weapon. - Jeff Cooper

WCMTWS

Re: AOW
« Reply #63 on: January 15, 2014, 01:53:21 AM »
In that case, I REALLY, REALLY, REALLY need this, complete with background music as well!



never mind
« Last Edit: January 15, 2014, 02:03:40 AM by WCMTWS »

Aegis808

Re: AOW
« Reply #64 on: May 10, 2014, 05:19:50 PM »
sorry for the zombie thread but would i be able to get a serbu super shorty into Hawaii legally through this route?

also would this really mean i can bring in a non NFA shotgun and have it registered as a pistol here in hawaii?
« Last Edit: May 10, 2014, 05:28:29 PM by Aegis808 »

Q

.
« Reply #65 on: May 10, 2014, 06:05:43 PM »
.
« Last Edit: December 14, 2016, 03:44:37 PM by Q »

suka

Re: AOW
« Reply #66 on: May 10, 2014, 06:08:50 PM »
only certain aow are legal in hawaii, if they di not conflict with HRS.

a shorty is a shotgun, under hrs it must have a 18" barrel.

suka

Re: AOW
« Reply #67 on: May 10, 2014, 06:10:56 PM »

also would this really mean i can bring in a non NFA shotgun and have it registered as a pistol here in hawaii?

if it have / had a stock it cannot be turned into a handgun.

Aegis808

Re: AOW
« Reply #68 on: May 10, 2014, 06:20:01 PM »
only certain aow are legal in hawaii, if they di not conflict with HRS.

a shorty is a shotgun, under hrs it must have a 18" barrel.

do know where the definition for shotgun length is? all i can find is stuff about transferring to people under 18 and in the definitions there isn't anything covering shotguns and their length.

suka

Re: AOW
« Reply #69 on: May 10, 2014, 06:29:19 PM »
     §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.

Aegis808

Re: AOW
« Reply #70 on: May 10, 2014, 06:34:50 PM »
     §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.

is there any definition for shotgun in the HRS?

Aegis808

Re: AOW
« Reply #71 on: May 10, 2014, 06:44:44 PM »
what i mean by asking this is that if there isn't no definition for shotgun and it doesn't have an 18 barrel and it's barrel is less than 16 inches then it falls under the pistol category by my sea lawyer understanding of the HRS definitions of what is a pistol.

suka

Re: AOW
« Reply #72 on: May 10, 2014, 07:37:38 PM »
shotgun ,rifle , handguns, etc are defined by the ATF
pistols are specificly defined by HRS

suka

Re: AOW
« Reply #73 on: May 10, 2014, 07:42:37 PM »
what i mean by asking this is that if there isn't no definition for shotgun and it doesn't have an 18 barrel and it's barrel is less than 16 inches then it falls under the pistol category by my sea lawyer understanding of the HRS definitions of what is a pistol.
it has a stock = not a handgun by atf
it has a smooth bore less than 16" = nfa by atf
designed to fire a "shotshell" from sholder (single or multiple projectiles) = shotgun by atf

Aegis808

Re: AOW
« Reply #74 on: May 10, 2014, 07:46:12 PM »
shotgun ,rifle , handguns, etc are defined by the ATF
pistols are specificly defined by HRS

well if they do go off the ATF defenition of a shotgun then this really helps in getting those non NFA 14in 12ga handguns legally registered.

suka

Re: AOW
« Reply #75 on: May 10, 2014, 07:53:58 PM »
well if they do go off the ATF defenition of a shotgun then this really helps in getting those non NFA 14in 12ga handguns legally registered.
true
but hawaii has the 18" barrel rule.
atf has ruled the franklin ar pistol with foregrip not a NFA because it meets 26" overall.it seems the atf made the same ruling with the shotguns having anOAL of 26"


Aegis808

Re: AOW
« Reply #76 on: May 10, 2014, 07:57:41 PM »
true
but hawaii has the 18" barrel rule.
atf has ruled the franklin ar pistol with foregrip not a NFA because it meets 26" overall.it seems the atf made the same ruling with the shotguns having anOAL of 26"

but if you also take the HRS definition of 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.

meaning it wouldn't be a shotgun and if it isn't semi auto. i would like to think it would work and hold up in court just by cornering them in their own definitions.

suka

Re: AOW
« Reply #77 on: May 10, 2014, 08:27:11 PM »
the attorney general will combine definition to get a conviction.
but im pretty sure this shotgun case will not rule in your favor in a hawaii court .

Aegis808

Re: AOW
« Reply #78 on: May 10, 2014, 08:30:58 PM »
the attorney general will combine definition to get a conviction.
but im pretty sure this shotgun case will not rule in your favor in a hawaii court .

oh i have no doubt that the courts in Hawaii would rule in favor of the govt rules much like they have with ccw.

suka

Re: AOW
« Reply #79 on: May 10, 2014, 08:34:07 PM »
stick to the basic aow


smothbore handguns
belt guns
cane guns
handgun foregrips


and all destructive devices

OGC is a SOT 2
and can transfer all class 3 NFA
except D/D