Could someone please point me to the exact statute addressing whether or not a properly cased pistol can be carried in a backpack also containing ammo properly cased in a separate container?  I've heard varied opinions, including that this possibly could be interpreted as being a loaded firearm. Read HRS134 but didn't find anything.

Also, is an unloaded firearm in a case also containing a loaded magazine considered 'loaded'?

Not looking for opinions, or what one should do, or best practice, looking for the letter of the law. Thanks.

Could someone please point me to the exact statute addressing whether or not a properly cased pistol can be carried in a backpack also containing ammo properly cased in a separate container?  I've heard varied opinions, including that this possibly could be interpreted as being a loaded firearm. Read HRS134 but didn't find anything.

Also, is an unloaded firearm in a case also containing a loaded magazine considered 'loaded'?

Not looking for opinions, or what one should do, or best practice, looking for the letter of the law. Thanks.

Hawaii Revised Statutes listed under section 134 do not state that the ammunition must be separate from the firearm, only that they need to be enclosed in a container.

The law(s) also states that the firearm must be transported UNLOADED, but does not address having ammunition next to the firearm.

I'm not a legal expert, but I would conclude that you will be just fine transporting ammo in the same container as the rifle. Just exercise some common sense as to the idiocy of this place and how they would try to use anything against you in court; i.e. that you had loaded magazines right next to the rifle.

See HRS Section 134-1: Definitions

http://www.capitol.hawaii.gov/hrscurrent/vol02_ch0046-0115/HRS0134/HRS_0134-0001.htm

I was thing to copy and quote here, but couldn't seem to copy and paste via my phone.  Loaded magazine inserted into firearm constitutes a loaded firearm (one of the conditions stated).

Hawaii defines loaded as : "Firearm loaded with ammunition" and "loaded firearm" means a firearm with ammunition present within the firing chamber, revolving cylinder, or within a magazine which is inserted in a firearm.

So you can have ammo in your magazine as long as the magazine is not in the firearm. Ammo can be transported with the firearm (in the same bag/box ect.....) 

Also remember that under the law the container must either be rigid (hard sided) Or commeriaclly made. So this would in effectivly rule out anything you make at home (gun socks ect......)
"Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.

Hawaii defines loaded as : "Firearm loaded with ammunition" and "loaded firearm" means a firearm with ammunition present within the firing chamber, revolving cylinder, or within a magazine which is inserted in a firearm.

So you can have ammo in your magazine as long as the magazine is not in the firearm. Ammo can be transported with the firearm (in the same bag/box ect.....) 

Also remember that under the law the container must either be rigid (hard sided) Or commeriaclly made. So this would in effectivly rule out anything you make at home (gun socks ect......)
"Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.

How about this:

- Download 'call recorder' on your phone
- call HPD Firearms and ask to speak to the major, or ask for them to speak to the major to clarify a question. If they won't let you speak to the major, ask to speak to / get an answer from the highest ranking individual that will address your question.
- ask them about this, and save the recorded call.

Whatever answer you get is what will be enforced. If for some reason you get in trouble for abiding by what you were told and they try to claim that they didn't inform you of that, you have the recorded call as evidence.

Hawaii defines loaded as : "Firearm loaded with ammunition" and "loaded firearm" means a firearm with ammunition present within the firing chamber, revolving cylinder, or within a magazine which is inserted in a firearm.

So you can have ammo in your magazine as long as the magazine is not in the firearm. Ammo can be transported with the firearm (in the same bag/box ect.....) 

Also remember that under the law the container must either be rigid (hard sided) Or commeriaclly made. So this would in effectivly rule out anything you make at home (gun socks ect......)
"Enclosed container" means a rigidly constructed receptacle, or a commercially manufactured gun case, or the equivalent thereof that completely encloses the firearm.

A gun sock is a commercially manufactured gun case that completely encloses the firearm.

Statutory language is key, and the term "or" is significant allowing for either a hard sided case or a commercially made case that completely encloses the firearm.

A gun sock is a commercially manufactured gun case that completely encloses the firearm.

Statutory language is key, and the term "or" is significant allowing for either a hard sided case or a commercially made case that completely encloses the firearm.

Commercially made would imply that it is not homemade, So a gunsock you bought at a store yes, Buying fabric and sewing your own no,
As we keep fining out Hawaii's laws are written so poorly that they can be interpreted 500 different ways.

Commercially made would imply that it is not homemade, So a gunsock you bought at a store yes, Buying fabric and sewing your own no,
As we keep fining out Hawaii's laws are written so poorly that they can be interpreted 500 different ways.

You are omitting "...or equivalent thereof..."  which means any thing that completely encloses the firearm.

Well shit, i am indeed, Dont know how/why i missed that.

Actually now i know why, Iand looking at the break down on the HRA website,  please excuse my confusion.

You may keep firearms and ammunition in your home, office (if your employer permits), or place of sojourn (where you lodge or sleep). You may transport directly between these and a firing range, gun class, meeting or show, the police station, hunting, a gunsmith, and a firearms dealer. Guns must be transported unloaded, in rigid lockable receptacles or commercial gun containers that completely enclose the firearm (a commercially produced gun sock meets the criteria).