Let's talk "assault pistols" legality (Read 41551 times)

2aHawaii

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Let's talk "assault pistols" legality
« on: September 06, 2011, 03:46:39 AM »
This was just brought to my attention and I'm surprised I hadn't seen it before. The following is the definition for an "assault pistol":

"Assault pistol" means a semiautomatic pistol which accepts a detachable magazine and which has two or more of the following characteristics:
     (1)  An ammunition magazine which attaches to the pistol outside of the pistol grip;
     (2)  A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip, or silencer;
     (3)  A shroud which is attached to or partially or completely encircles the barrel and which permits the shooter to hold the firearm with the second hand without being burned;
     (4)  A manufactured weight of fifty ounces or more when the pistol is unloaded;
     (5)  A centerfire pistol with an overall length of twelve inches or more; or
     (6)  It is a semiautomatic version of an automatic firearm; but does not include a firearm with a barrel sixteen or more inches in length, an antique pistol as defined in this section or a curio or relic as those terms are used in 18 United States Code §921(16) or 27 Code of Federal Regulations 178.11.

I have always overlooked the detachable magazine part and looked directly for two offending features. However, the detachable magazine part could be a very important part. California gets around any detachable magazine issues by having a bullet button installed.

Now my question to you is do you know anyone that has tried interpreting the law this way?

Actually that brings me to another question. Does anyone know the process for trying to get an opinion on whether something is legal or not?
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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nf9648

Re: Let's talk "assault pistols" legality
« Reply #1 on: September 06, 2011, 04:16:29 AM »
I know of one person in Hawaii who has a registered single shot AR pistol lower, dunno how the rest of the build has turned out though.

Funtimes

Re: Let's talk "assault pistols" legality
« Reply #2 on: September 06, 2011, 04:20:15 AM »
CA has the benefit of case law and an AG who gave way to the bullet button.  The feds recently pulled some crap with the gun runner stuff and put out something on bullet buttons and reporting.  Basically said they are detachable I think.

I'm down to try and register an MP5 lol.
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vooduchikn

Re: Let's talk "assault pistols" legality
« Reply #3 on: September 06, 2011, 07:45:26 AM »
CA has the benefit of case law and an AG who gave way to the bullet button.  The feds recently pulled some crap with the gun runner stuff and put out something on bullet buttons and reporting.  Basically said they are detachable I think.

I'm down to try and register an MP5 lol.

The bullet button on a AR pistol is one step away from one on your full size AR.  Do not give them ideas.
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Cougar8045

Re: Let's talk "assault pistols" legality
« Reply #4 on: September 06, 2011, 09:02:09 AM »
I don't really care about bullet buttons one way or the other.  They're easily removable, and I gar-un-damn-tee you that if they become a Hawaiian requirement, my rifle (when I get one) will only wear it to the range and back. 
I'm just a fluffy white bunny rabbit who lost his way. 

"If a thief be found breaking in, and be smitten that he die, there shall no blood be shed for him. ..."  -Exodus 22:2

GZire

Re: Let's talk "assault pistols" legality
« Reply #5 on: September 06, 2011, 11:57:31 AM »
This was just brought to my attention and I'm surprised I hadn't seen it before. The following is the definition for an "assault pistol":

"Assault pistol" means a semiautomatic pistol which accepts a detachable magazine and which has two or more of the following characteristics:
     (1)  An ammunition magazine which attaches to the pistol outside of the pistol grip;
     (2)  A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip, or silencer;
     (3)  A shroud which is attached to or partially or completely encircles the barrel and which permits the shooter to hold the firearm with the second hand without being burned;
     (4)  A manufactured weight of fifty ounces or more when the pistol is unloaded;
     (5)  A centerfire pistol with an overall length of twelve inches or more; or
     (6)  It is a semiautomatic version of an automatic firearm; but does not include a firearm with a barrel sixteen or more inches in length, an antique pistol as defined in this section or a curio or relic as those terms are used in 18 United States Code §921(16) or 27 Code of Federal Regulations 178.11.

I have always overlooked the detachable magazine part and looked directly for two offending features. However, the detachable magazine part could be a very important part. California gets around any detachable magazine issues by having a bullet button installed.

Now my question to you is do you know anyone that has tried interpreting the law this way?

Actually that brings me to another question. Does anyone know the process for trying to get an opinion on whether something is legal or not?


Checking legality would be calling HPD about the model and getting their input.  Quite possibly they would have no idea in which case talk to Martha(?) at Young Guns because I've been there before when HPD has called her to ask if something was legal/illegal.

Funtimes

Re: Let's talk "assault pistols" legality
« Reply #6 on: September 06, 2011, 12:20:28 PM »
Quote


Checking legality would be calling HPD about the model and getting their input.  Quite possibly they would have no idea in which case talk to Martha(?) at Young Guns because I've been there before when HPD has called her to ask if something was legal/illegal.

And this is exactly what is wrong with HPD (management and policies). Honestly, who is Martha? She is not someone who should be making laws or determining the legality of a firearm.  When HPD has a question, that is what the Attorney general is for.
« Last Edit: September 07, 2011, 02:07:31 AM by Funtimes »
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2aHawaii

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Re: Let's talk "assault pistols" legality
« Reply #7 on: September 06, 2011, 02:04:07 PM »
And this is exactly what is wrong with HPD. Honestly, who is Martha? She is not someone who should be making laws or determining the legality of a firearm.  When HPD has a question, that is what the Attorney general is for.

+1  :o ??? :o
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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GZire

Re: Let's talk "assault pistols" legality
« Reply #8 on: September 07, 2011, 11:15:12 AM »
Quote


Checking legality would be calling HPD about the model and getting their input.  Quite possibly they would have no idea in which case talk to Martha(?) at Young Guns because I've been there before when HPD has called her to ask if something was legal/illegal.

And this is exactly what is wrong with HPD (management and policies). Honestly, who is Martha? She is not someone who should be making laws or determining the legality of a firearm.  When HPD has a question, that is what the Attorney general is for.

The older gal at Young Guns (name is probably wrong then).  HPD asked her because she knows the laws and knows the pistol models.  A lot of the desk guys at HPD are not gun guys and have no idea what model is being talked about.  Rather than hop on a computer and check out what people are talking about, they probably find it easier to just call her as she knows what's being referred to.

vooduchikn

Re: Let's talk "assault pistols" legality
« Reply #9 on: September 07, 2011, 11:23:47 AM »
Quote


Checking legality would be calling HPD about the model and getting their input.  Quite possibly they would have no idea in which case talk to Martha(?) at Young Guns because I've been there before when HPD has called her to ask if something was legal/illegal.

And this is exactly what is wrong with HPD (management and policies). Honestly, who is Martha? She is not someone who should be making laws or determining the legality of a firearm.  When HPD has a question, that is what the Attorney general is for.

The older gal at Young Guns (name is probably wrong then).  HPD asked her because she knows the laws and knows the pistol models.  A lot of the desk guys at HPD are not gun guys and have no idea what model is being talked about.  Rather than hop on a computer and check out what people are talking about, they probably find it easier to just call her as she knows what's being referred to.

and this is still so wrong.
Relax, I've banned myself..

onfloat

Re: Let's talk "assault pistols" legality
« Reply #10 on: September 07, 2011, 11:56:17 AM »
"The prosecution rests."
Defense present your case,
"Martha said it was legal."

vooduchikn

Re: Let's talk "assault pistols" legality
« Reply #11 on: September 07, 2011, 01:22:05 PM »
"The prosecution rests."
Defense present your case,
"Martha said it was legal."

This.

You read my mind.  Learn your job.

There is no excuse for LEO not to know the laws...especially since their  job is to enforce them.

For LEO working at a FIREARMS REGISTRATION UNIT, this is especially bothersome.

"Martha" does not get to interpret laws.
Relax, I've banned myself..

Heavies

Re: Let's talk "assault pistols" legality
« Reply #12 on: September 07, 2011, 01:38:48 PM »
Didn't someone get their Ruger 10/22 Charger confiscated; and YG sold it?  Or was it someplace else.  I forget... 

Any way, I guess Martha said that one is no good. ::)

GZire

Re: Let's talk "assault pistols" legality
« Reply #13 on: September 07, 2011, 01:45:01 PM »
"The prosecution rests."
Defense present your case,
"Martha said it was legal."

This.

You read my mind.  Learn your job.

There is no excuse for LEO not to know the laws...especially since their  job is to enforce them.

For LEO working at a FIREARMS REGISTRATION UNIT, this is especially bothersome.

"Martha" does not get to interpret laws.

The guys at the desk are certainly going to make mistakes.  I had to explain to them that my H&K SR9 was not a 76.2 mm firearm.................not that I wouldn't mind having a 3" cannon..........

Funtimes

Re: Let's talk "assault pistols" legality
« Reply #14 on: September 07, 2011, 02:15:47 PM »
Yeah the point is there is a person who gets paid to tell people what the law is -- that is the Attorney General.  When an agency, or government official has a question, it is his duty to answer their question.  That answer is legally binding.
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thewrench

Re: Let's talk "assault pistols" legality
« Reply #15 on: September 08, 2011, 07:14:07 PM »
This law bothers me almost as much as the "may issue" law.

"(6)  It is a semiautomatic version of an automatic firearm"

Really? Does this somehow make it more dangerous than any other semiautomatic firearm? Wait, nevermind- numbers 1-6 are all equally retarded.

Vladimir

Re: Let's talk "assault pistols" legality
« Reply #16 on: September 09, 2011, 10:01:37 AM »
I think the #6 requirement is more or less another clarification towards no SBR's.

The officials at the police department here on Maui are pretty on the spot with what's legal and what isn't. If something comes to the department they tend to know right away if it's legal and if they don't know what it is, they will Google any information on it to see if it meets any of the 6 requirements.

Personally I still want to bring in a lot of the firearms on that list; like HK SP89 or a Draco. I don't think I'd go for the idea of a bullet button, the more "visible" restrictions that get put on, means we'd just be labeled as another California and we'd see more and more sellers doing the "NO SALES TO CA OR HI"; as an avid gunbroker buyer, you see that on almost every seller. As mentioned before in an older thread, I would much rather prefer paying an extra registration fee to bring in said assault pistols.

BananaClip

Re: Let's talk "assault pistols" legality
« Reply #17 on: September 09, 2011, 10:43:03 AM »
This law bothers me almost as much as the "may issue" law.

"(6)  It is a semiautomatic version of an automatic firearm"

Really? Does this somehow make it more dangerous than any other semiautomatic firearm? Wait, nevermind- numbers 1-6 are all equally retarded.
That is messed up.....         "(23) It is a small version of a TANK."  :rofl:
                                              "(83) It is a semiautomatic version of a Gatling Gun,,and it also is called a gun..." :crazy:
                                              "(95) Only we can protect our family...no no not you...only us" :-\

ps: Those are not actual rulez and regulations  ;D

« Last Edit: September 09, 2011, 12:40:09 PM by BananaClip »
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Aegis808

Re: Let's talk "assault pistols" legality
« Reply #18 on: September 09, 2011, 12:12:52 PM »
i guess it would fall into this thread but what if i own a AR-15 pistol but only register the lower and keep the upper separate but still in my home?

2aHawaii

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Re: Let's talk "assault pistols" legality
« Reply #19 on: September 09, 2011, 12:20:25 PM »
i guess it would fall into this thread but what if i own a AR-15 pistol but only register the lower and keep the upper separate but still in my home?

Hmmm, that's a good question. Does the state ever charge for constructive intent or is that only a federal thing?
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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