Let me help you here with some additional information : Blows my friken mind.
This is what i sent to HPD :
Message: As per HRS §134-1 Definitions. How does HPD define a detachable magazine
This is what i got in reply :
The Honolulu Police Department does not define the definition of detachable magazine. The Hawaii Legislature and the Attorney Generals office would define the detachable magazine. HRS 134-1 refers to characteristics for an Assault Pistol.
(1) An ammunition magazine which attaches to the pistol outside of the pistol grip;
So i contacted the AG's office :
I am having trouble find the answer to a question regarding HRS §134-1. It defines an assault pistol as having a detachable magazine. But does not define what a Detachable Magazine is.
In this case would the definition be the same as used by the ATF for the 1994 assault weapon ban (which Hawaiis law mirrors) or does the state have its own definition ?
This is what i got in reply :
In regards to a “detachable magazine,” you are correct that HRS section 134-1 defines “Assault pistol” to mean a semiautomatic pistol which accepts a detachable magazine. Additionally it goes on to say, “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.”
While the Hawaii Revised Statutes does not explicitly define “detachable magazine,” I cannot comment whether Hawaii would mimic the definition used by the ATF. If a case arose wherein a definition is necessary, the facts would be assessed and dealt with on a case by case situation. Furthermore, I am prohibited by statute to offer a legal opinion pursuant to HRS section 26-7.
To which i replied:
Thank you for your prompt reply, Perhaps i can rephrase my question in a way that your office can answer my question. As the cheif legal office for the state, responsible for enforcing violations of state law, How dose your department define the term "Detachable Magazine" in regards to HRS 134-1.
To which i got the response :
As mentioned earlier, while the Hawaii Revised Statutes does not explicitly define “detachable magazine,” I cannot comment whether my office would mimic the definition used by the ATF or provide another definition. If a case arose wherein a definition is necessary, the facts would be assessed and dealt with on a case by case situation. Furthermore, I am prohibited by statute to offer a legal opinion pursuant to HRS section 26-7.
To which i responded :
Well i am trying to follow the law but no one seems to know what the law is. The law uses an undefined term, HPD is telling me that the AG (your office) decides what that term means but you are telling me that you do not have a definition and will only define what it is after some one has been accused of a crime. How does that make any sense ? How can some one follow a law when your saying your department makes it up as you go along ?
I am yet to get a response :