OK stick with me, SBR's and SBSG's are illegal in Hawaii except there is no such thing..........

Hawaii defines any firearm with a barrel of less then 16 inchs a pistol So modifying a firearm to a shorter length barrel would make it a pistol.

 So that would mean a shotgun with a barrel less then 16 inchs would not be an SBSG but in fact under Hawaii's laws would be a pistol. Even tho it has a stock. A rifle below 16 inchs would become also become pistol. Unless it is semi automatic or has a detachable magazine  in which case it becomes an assault pistol and would be Illegal.


HRS :134-1
"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.

HRS 134-8
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

You need to read suka's threads and posts.


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The way I see it, the difficulty is that Hawaii state law fails to define a shotgun and only says it must be longer than 18 inches.

So say it went to court, do you think it will end up falling on you to prove the firearm is not a shotgun or the state to prove it is a shotgun? The burden of proof rests on the state but then will come into question the common definition of shotgun, etc.

Maybe the saving grace is that they have long allowed those revolvers that take .410 shotgun shells and you could base an argument off of that.

Talk to Suka. He's the Man on this topic.

Both are NOT shotguns by definition .



NFA AOW    $5 tax
(Hawaii legal pistol)









Firearm   No tax
(Hawaii legal pistol)

London,

There are much more laws you need to comply with under Federal USC.

ATF Letter

If HPD gives you a hard time registering them , sue them again!   

If HPD gives you a hard time registering them , sue them again!   

 

I was just looking at Hawaii's laws (i understand still having to comply with federal) if you legal obtained a SBR that was bolt action or had a non detachable magazine, In Hawaii it would be called a pistol, Even tho it has rifle features, or am i reading that wrong ? 

Or as the samples you have shown, In Hawaii they would be pistols because they have a barrel less then 16 inchs

Or as the samples you have shown, In Hawaii they would be pistols because they have a barrel less then 16 inchs

yes they are all reg as  pistols in Hawaii

I was just looking at Hawaii's laws (i understand still having to comply with federal) if you legal obtained a SBR that was bolt action or had a non detachable magazine, In Hawaii it would be called a pistol, Even tho it has rifle features, or am i reading that wrong ?

wrong

Obtaining and manufacturing an AOW is much easier now since Obama signed ATF 41F.

It now deleted the CLEO approval signature, and all that is required is to "inform" the CLEO of your application.

Tax to manufacture (form1) an AOW is $200. transfers are still $5 (form4).

Obtaining and manufacturing an AOW is much easier now since Obama signed ATF 41F.

It now deleted the CLEO approval signature, and all that is required is to "inform" the CLEO of your application.

Tax to manufacture (form1) an AOW is $200. transfers are still $5 (form4).

Yes, in Hawaii it is easier than ever to obtain a NFA.
 
Chief Kealoha does not need to sign your NFA application anymore.
All that is required under ATF 41F is to notify the Chief that an application was submitted.
Only a  fingerprint card and your application.

Here is a "ready made" one ($800):

A 14" Mossberg 500 12 Gauge that's NOT considered a Short-Barreled Shotgun or an AOW!

https://www.gunsamerica.com/964241502/ASYLUM-WEAPONRY-MOSSBERG-500-PISTOL-GRIP-14-12-GAUGE-NON-NFA.htm

Note:

Each firearm will also come with two different ATF tech branch letters stating the ATF's opinion that these are indeed federally legal and DO NOT require a tax stamp or any Class III paperwork.

This firearm transfers as a PGO (Pistol Grip Only)/Other on the 4473 that you fill out at your dealer.



* * * * *
Here is a link to the Shockwave Technologies DIY information and parts, including PDF links to print out the various ATF letters:

http://shockwavetechnologies.com/site/?page_id=88

The 14″ Mossberg 500 That ISN’T NFA!

* * * * *

Has anyone had any experience with this on the Big Island? 

I just called and talked to the head clerk at the Hilo Firearms Registration office about this issue. She said that there is no way anyone can register a "shotgun", which she says Hawaii defines at "anything that shoots a shotgun shell", that has a barrel length of less than 18". I asked about the ATF definitions of "other firearm", etc. and she said no, Hawaii has "stricter" rules. I tried going in to some detail, but she said dealers here had inquired about selling the commercial models, and that she had called Oahu (not sure who on Oahu, presumably the HPD firearms division) and they told her no, those are shotguns and can't have a barrel length less than 18". She referred me to HRS 134-8 (below, again). I mentioned that someone had posted photos of the specific item she said could not be registered, and that it had been registered on Oahu, and she said "maybe it was an error", or that she didn't know if the posting was real, etc.

Seems I'm in a Catch 22 situation. Any suggestions?

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...

I just called and talked to the head clerk at the Hilo Firearms Registration office about this issue. She said that there is no way anyone can register a "shotgun", which she says Hawaii defines at "anything that shoots a shotgun shell", that has a barrel length of less than 18". I asked about the ATF definitions of "other firearm", etc. and she said no, Hawaii has "stricter" rules. I tried going in to some detail, but she said dealers here had inquired about selling the commercial models, and that she had called Oahu (not sure who on Oahu, presumably the HPD firearms division) and they told her no, those are shotguns and can't have a barrel length less than 18". She referred me to HRS 134-8 (below, again). I mentioned that someone had posted photos of the specific item she said could not be registered, and that it had been registered on Oahu, and she said "maybe it was an error", or that she didn't know if the posting was real, etc.

Seems I'm in a Catch 22 situation. Any suggestions?

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...

Hawaii does not define what a shotgun is and according to the ATF this is not a shotgun.

Hawaii does not define what a shotgun is and according to the ATF this is not a shotgun.

You know that. And I know that. But the person responsible for the decision about me attempting to register such a firearm has told me, quite clearly, that if I show up with one to register, it "will be confiscated". Next step?

That is, who can I talk to to get a definitive statement about the law, and get that appllied in Hilo? I'd like to take the local ATF agent with me, if that would help.

You know that. And I know that. But the person responsible for the decision about me attempting to register such a firearm has told me, quite clearly, that if I show up with one to register, it "will be confiscated". Next step?

That is, who can I talk to to get a definitive statement about the law, and get that appllied in Hilo? I'd like to take the local ATF agent with me, if that would help.

They come with ATF letters most of the time, If they take it away you take them to court.

HPD has threaten to arrest me on 3 separate occasions for trying to follow the law and make them follow it., Every time i tell them go ahead the soon you do the sooner we can get this in front of a judge. Not once have they arrested me.

copy the ATF letter I posted and bring it in person.

The head clerk is not a judge or someone to offer legal advise