10rd mag loophole (Read 19333 times)

suka

10rd mag loophole
« on: September 16, 2014, 02:19:10 AM »
   

HRS
134-11  Exemptions.  (a)  Sections 134-7 to 134-9 and 134-21 to 134-27, except section 134-7(f), shall not apply:


     (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;

suka

Re: 10rd mag loophole
« Reply #1 on: September 16, 2014, 02:24:57 AM »
example would be

1..  Xring is a FFL and can receive weapon from the United States

2..  and has a formal organization at its Range/ Club.

3..  regular club member are exempt form HRS 134-8(c) pistol mags over 10 rds!


4..  members are at the range

suka

Re: 10rd mag loophole
« Reply #2 on: September 16, 2014, 03:40:33 AM »
LEO's and all federal agencies are exempt under this same HRS.

suka

Re: 10rd mag loophole
« Reply #3 on: September 16, 2014, 06:18:09 AM »
if HDF had an FFL then all its members are exempt from the 10rd pistol mag limit at all it range days

nathanm14fan

Re: 10rd mag loophole
« Reply #4 on: September 16, 2014, 08:22:09 AM »
An interesting development!

ren

Re: 10rd mag loophole
« Reply #5 on: September 16, 2014, 08:38:23 AM »
would that mean the over 10 round pistol mags be stored on their premises?
Deeds Not Words

Tom_G

Re: 10rd mag loophole
« Reply #6 on: September 16, 2014, 08:40:17 AM »
So, it would be theoretically legal for HDF members to have standard capacity pistol magazines while at a HDF shoot, traveling to the shoot, and returning home from the shoot. However, the rest of the time, including while the mags were sitting around your house between shoots, they would be illegal.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

suka

Re: 10rd mag loophole
« Reply #7 on: September 16, 2014, 08:50:49 AM »
"at the shoot"
it does not mention sojourn, thus to and from would be the FFL address.

This is how HRS allows FFL and gunsmith to transport, demo and sell mags and machine guns to HPD.

suka

Re: 10rd mag loophole
« Reply #8 on: September 16, 2014, 08:51:52 AM »
this also applies to machince guns and SBR if the organization also has a SOT 3 or SOT 1

punaperson

Re: 10rd mag loophole
« Reply #9 on: September 16, 2014, 08:54:04 AM »
So, it would be theoretically legal for HDF members to have standard capacity pistol magazines while at a HDF shoot, traveling to the shoot, and returning home from the shoot. However, the rest of the time, including while the mags were sitting around your house between shoots, they would be illegal.
Excellent example of "commonsense gun safety regulations". Of course if they are disassembled into a "magazine parts repair kit" they might be in the gray area of these public-safety-oriented laws. Who volunteers to be test case?

suka

Re: 10rd mag loophole
« Reply #10 on: September 16, 2014, 08:59:39 AM »
HPD cannot just buy machince guns from the manufacture. It must go thru a Class 3 dealer within the same State. Thus the Dealer is exempt under HRS 134-11.
If one is also an normal member of that organization they are also exempt under HRS134-11 with possession of a machince gun or normal capacity magazines.

suka

Re: 10rd mag loophole
« Reply #11 on: September 16, 2014, 09:04:15 AM »
Pre May samples can be obtained without a "Demo Letter" from an CLEO

Post 86 samples require a CLEO demo letter to transfer.

suka

Re: 10rd mag loophole
« Reply #12 on: September 16, 2014, 09:19:47 AM »
So, it would be theoretically legal for HDF members to have standard capacity pistol magazines while at a HDF shoot, traveling to the shoot, and returning home from the shoot. However, the rest of the time, including while the mags were sitting around your house between shoots, they would be illegal.

it would be how the AG determine how to interperate this law.
But any lawyer can see how obvious the term any normal member of the organization means.


macsak

Re: 10rd mag loophole
« Reply #13 on: September 16, 2014, 09:27:27 AM »
if HDF had an FFL then all its members are exempt from the 10rd pistol mag limit at all it range days

HDF does not have an FFL
all members of HDF and 2aHawaii.com follow all state and federal rules all the time

suka

Re: 10rd mag loophole
« Reply #14 on: September 16, 2014, 09:31:48 AM »
it was an example

HRS 134-11 are exemption and anyone fitting in that exemption are following the law as it's written,

HiCarry

Re: 10rd mag loophole
« Reply #15 on: September 16, 2014, 10:20:33 AM »
   

HRS
134-11  Exemptions.  (a)  Sections 134-7 to 134-9 and 134-21 to 134-27, except section 134-7(f), shall not apply:


     (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;

How do you receive or purchase weapons FROM the United States or the State? Just trying to clarify your argument....you are authorized to purchase from the manufacturer. Is servicing or repairing the "receiving" mentioned in the statue?

suka

Re: 10rd mag loophole
« Reply #16 on: September 16, 2014, 10:23:12 AM »
Joe Club organizes a weekly tactical shoot at a bay in KokoHead. It comprises of about 25 members.

Joe applies and gets a FFL.

All 25 members and Joe are now members under Joe's FFL

Under a FFL , HRS 134-8 does not apply.





suka

Re: 10rd mag loophole
« Reply #17 on: September 16, 2014, 10:28:18 AM »
How do you receive or purchase weapons FROM the United States or the State? Just trying to clarify your argument....you are authorized to purchase from the manufacturer. Is servicing or repairing the "receiving" mentioned in the statue?

A FFL is a federal license which authorizes an individual or entity to buy , sell , and transfer firearms. that includes firearms from the United States or State if they were to buy or sell firearms.
The military can buy directly from the manufacture, but all other agencies must still buy from a civilian dealer.

PD's and agencies do not have a FFL and must buy thru a FFL. thus it's why FFL can have normal cap mags to sell to LEO.

same reason if HPD disposes of their S&W it must go thru a FFL.

« Last Edit: September 16, 2014, 10:44:56 AM by suka »

HiCarry

Re: 10rd mag loophole
« Reply #18 on: September 16, 2014, 10:52:26 AM »
A FFL is a federal license which authorizes an individual or entity to buy , sell , and transfer firearms. that includes firearms from the United States or State if they were to buy or sell firearms.
The military can buy directly from the manufacture, but all other agencies must still buy from a civilian dealer.

PD's and agencies do not have a FFL and must buy thru a FFL. thus it's why FFL can have normal cap mags to sell to LEO.

same reason if HPD disposes of their S&W it must go thru a FFL.


I understand what an FFL is. My question is: Do you buy your "restricted items" from the US or State, or from a manufacturer or dealer? If the latter, you are not satisfying the statutory requirement that you "purchase or receive the weapons from the United States or from the State..."

I am simply trying to determine how you interpreted the statue to come to the conclusion that you, and any other "members" of your organization may be exempt from HRS 134-7. I'm trying to play devil's advocate to help prepare any counter argument the State may try to present in refuting your interpretation.

Edit to add: I think I got it...you buy back used "restricted items" from the agency (HPD) but they are neither the US or the State. Now, if you buy back from other agencies, like Department of Public Safety or a Federal LE agency, you should be able to claim you purchase or receive those items from the State or the US, respectively....

nathanm14fan

Re: 10rd mag loophole
« Reply #19 on: September 16, 2014, 11:42:49 AM »
(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;

How I am reading this is that if you are authorized to purchase from, you are exempt. It doesn't say that you HAVE to purchase from US or the State, just that if you are authorized to do so, you are exempt. I take it that an FFL would be exempt under this? Thoughts?