Assault Pistols and Hi-Cap Mags (Read 21416 times)

SpeedTek

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Assault Pistols and Hi-Cap Mags
« on: March 02, 2012, 12:58:54 AM »
My friend just had a conversation with Keith Kaneshiro regarding magazines over 10 Rounds.

Are you ready for this?

Mr Kaneshiro said Assault Pistols do not fall under the 10 round rule.  Why?  They are Assault Pistols not Pistols according to the HRS 134.

In the HRS it says Pistols are not allowed magazines over 10 Rounds.  It does not say anything about Assault Pistols.

I always thought a Assault Pistol and a Pistol is the same thing.  and it would be a matter of interpetation.

I asked my friend to talk to him again and get it in writing. Please!

I contacted my other friend who is a city attorney and asked him for his opinion.

 :wtf:
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Kingkeoni

Re: Assault Pistols and Hi-Cap Mags
« Reply #1 on: March 02, 2012, 01:00:59 AM »
I've had this same conversation with various people involved with the prosecutors office.

They say in Hawaii, pistols and "assault pistols" are two very different categories of firearms.
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SpeedTek

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Re: Assault Pistols and Hi-Cap Mags
« Reply #2 on: March 02, 2012, 01:03:57 AM »
KK why did I have a feeling you would be the first to respond?
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2aHawaii

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Re: Assault Pistols and Hi-Cap Mags
« Reply #3 on: March 02, 2012, 04:28:09 AM »
While the term "assault pistol" may or may not be a further categorization of the term "pistol", I don't see why it even matters at this time. Assault pistols are illegal, so its all a moot point unless the assault pistol law is repealed and not the standard capacity magazine law.
I am not a lawyer.

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mongoose

Re: Assault Pistols and Hi-Cap Mags
« Reply #4 on: March 02, 2012, 05:00:16 AM »
Hopefully he and the AG can get on the same page with this and I can take the blockers out of my Magpuls.

SpeedTek

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Re: Assault Pistols and Hi-Cap Mags
« Reply #5 on: March 02, 2012, 07:11:55 AM »
While the term "assault pistol" may or may not be a further categorization of the term "pistol", I don't see why it even matters at this time. Assault pistols are illegal, so its all a moot point unless the assault pistol law is repealed and not the standard capacity magazine law.

There are the few of us who still have them and grandfathered in.
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Funtimes

Re: Assault Pistols and Hi-Cap Mags
« Reply #6 on: March 02, 2012, 07:32:40 AM »
An assault pistol is a pistol.  It's in the definition -_- .
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Funtimes

Re: Assault Pistols and Hi-Cap Mags
« Reply #7 on: March 02, 2012, 07:33:13 AM »
There are the few of us who still have them and grandfathered in.

Where is the grandfather clause?

Without looking, I wonder if KK the prosecutor went to U.H. Richardson.  It wouldn't surprise me how stupid they are in that office -- I watched them try to prosecute someone on a "warning" sign (the yellow one) saying that it was a regulatory sign and the guy was going over the speed limit /facepalm.  They did this for four trial dates (talk about a waste of tax payer dollars).
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HiCarry

Re: Assault Pistols and Hi-Cap Mags
« Reply #8 on: March 02, 2012, 10:37:35 AM »
Where is the grandfather clause?

Without looking, I wonder if KK the prosecutor went to U.H. Richardson.  It wouldn't surprise me how stupid they are in that office -- I watched them try to prosecute someone on a "warning" sign (the yellow one) saying that it was a regulatory sign and the guy was going over the speed limit /facepalm.  They did this for four trial dates (talk about a waste of tax payer dollars).
Remember, he's the one that said the police do have a legal duty to protect you..... :wtf:

GZire

Re: Assault Pistols and Hi-Cap Mags
« Reply #9 on: March 02, 2012, 11:54:29 AM »
Where is the grandfather clause?

Without looking, I wonder if KK the prosecutor went to U.H. Richardson.  It wouldn't surprise me how stupid they are in that office -- I watched them try to prosecute someone on a "warning" sign (the yellow one) saying that it was a regulatory sign and the guy was going over the speed limit /facepalm.  They did this for four trial dates (talk about a waste of tax payer dollars).



I read this to mean that if you were good to go prior to 07/01/92, you are still good to go (grandfathered).
Quote
HRS 134-4   (e)  After July 1, 1992, no person shall bring or cause to be brought into the State an assault pistol.  No assault pistol may be sold or transferred on or after July 1, 1992, to anyone within the State other than to a dealer licensed under section 134-32 or the chief of police of any county except that any person who obtains title by bequest or intestate succession to an assault pistol registered within the State shall, within ninety days, render the weapon permanently inoperable, sell or transfer the weapon to a licensed dealer or the chief of police of any county, or remove the weapon from the State. [L 1988, c 275, pt of §2; am L 1992, c 286, §2]

wirecounter

Re: Assault Pistols and Hi-Cap Mags
« Reply #10 on: March 02, 2012, 12:32:34 PM »
 :popcorn:

benbangui

Re: Assault Pistols and Hi-Cap Mags
« Reply #11 on: March 02, 2012, 01:19:15 PM »
sorry... i might need to be brought up to date...

so is this in discussion to classify why it is ok to have standard cap rifle mags?

part of the reason we cant have standard cap rifle mags being that rifles (such as a AR) can be converted to pistols... and we are not allowed to have standard cap pistol mags?

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benbangui

Re: Assault Pistols and Hi-Cap Mags
« Reply #12 on: March 02, 2012, 01:20:22 PM »
but since it doesnt classify "assault pistol"... the reasoning i just posted above is out the window?

 ???
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Kingkeoni

Re: Assault Pistols and Hi-Cap Mags
« Reply #13 on: March 02, 2012, 10:54:29 PM »
Remember, he's the one that said the police do have a legal duty to protect you..... :wtf:

Who said the police have a legal duty to protect you?
Your number one Option for Personal Security is a lifelong commitment to avoidance, deterrence, and de-escalation.

Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.

rswarrior1700

Re: Assault Pistols and Hi-Cap Mags
« Reply #14 on: March 02, 2012, 11:05:50 PM »
so define pistol and assault pistol

rswarrior1700

Re: Assault Pistols and Hi-Cap Mags
« Reply #15 on: March 02, 2012, 11:08:26 PM »
NVM

Maybe they should lift the ban or even tax stamp it
I mean we get our toys and the gov get the money aint what the government need right now

GZire

Re: Assault Pistols and Hi-Cap Mags
« Reply #16 on: March 03, 2012, 08:03:18 AM »
sorry... i might need to be brought up to date...

so is this in discussion to classify why it is ok to have standard cap rifle mags?

part of the reason we cant have standard cap rifle mags being that rifles (such as a AR) can be converted to pistols... and we are not allowed to have standard cap pistol mags?

The gist of this is an assault pistol is not a pistol.  As such you can have a magazine in excess of 10 rounds for an assault pistol.  Apparently even though the word "pistol" appears in assault pistol............an assault pistol is not a pistol. :crazy:

SpeedTek

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Re: Assault Pistols and Hi-Cap Mags
« Reply #17 on: March 03, 2012, 08:16:23 AM »
so define pistol and assault pistol

Definition
Reference §HRS 134-1

"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.

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Funtimes

Re: Assault Pistols and Hi-Cap Mags
« Reply #18 on: March 03, 2012, 08:19:55 AM »
The gist of this is an assault pistol is not a pistol.  As such you can have a magazine in excess of 10 rounds for an assault pistol.  Apparently even though the word "pistol" appears in assault pistol............an assault pistol is not a pistol. :crazy:


The bolded is exactly why an "assault" pistol is a "pistol."    It's like saying a white tail deer, is not a deer /facepalm  its a logic fail.

The only way to say contrary, would be to go pull up the legislative history and recordings to actually hear the intent of the legislature when they enacted this law.
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spanner1751

Re: Assault Pistols and Hi-Cap Mags
« Reply #19 on: March 04, 2012, 05:58:00 PM »
Definition
Reference §HRS 134-1

"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.

So, a C&R "assault pistol" should be good to go with high-cap mags (can't think of any offhand). I wouldn't want to be a test case, though.