What's the deal with AR/AK Magazines (Read 27010 times)

GZire

Re: What's the deal with AR/AK Magazines
« Reply #20 on: August 02, 2012, 05:19:42 PM »
Yup. I had a good laugh with a gunbroker dealer from the mainland concerned that I couldn't take delivery of 20 round CETME mags because they could fit in a PTR pistol.

Took a bit of explaining that in HI legal language there was no PTR Pistol. It was an Assault Pistol. Since there was no legal "pistol" the 20 round mag could fit into... it was legal for the rifle.

His response? "Oh, Ok. That makes sense. Well, no, it doesn't make ~any~ sense, really, but I understand what you're saying. I'll ship the mags with the rifle."

The key in the case of the PTR pistol is its weight. Between that an its other "assault" characteristics there is no way one would be legal. I suspect the same is true of AR and AK pistol designs. Thus mags with 10+ capacity are, technically, legal.

Sorta. The way the law is worded could be interpreted a number of ways. At least the State has the good sense not to prosecute standard capacity mags (I refuse to call mags the guns were designed for "high" capacity) if there is no other crime involved.
I think the issue is like Funtimes is saying, in general it's not prosecuted................however I've seen some news blurbs about guys picked up on weapons charges and I want to say that in those cases the prosecutors throw everything they can at them including over capacity magazines. 

Problem is there is the initial blurb and the paper never follows up, neither does HRA so that information never gets back to us.






Wow, lot of responses on this one.... I still don't think I've learned any more than before. Hahahahah just kidding, that was all pretty helpful.... I never noticed the part before about "assault pistols" being illegal here.  So according to that, all though high cap mags are technically illegal here, you can't own a pistol variant firearm one of those mags would fit it anyway.  So technically there should be no reason you can't have one right?  I mean I could see if a person owned one of the pre-92 grandfathered ones, then maybe it would be illegal for them to own high cap mags, but if I can't own an assault pistol I don't see any reason why I shouldn't be able to own a high cap magazine for an AR/AK rifle that just so happened to fit in an illegal pistol that I'll never own.   So it looks like it's basically up to the place you are ordering from to decide whether or not they'll sell to Hawaii or not? Seems some places will sell to you and some won't and some need a little persuasion? 

Thanks for all the 411 fellas
I don't remember if older mags were grandfathered in as well.  In that case potential for a grandfathered "assault pistol" with magazines with greater than 10 capacity may be legal in Hawaii?

Flinter

Re: What's the deal with AR/AK Magazines
« Reply #21 on: August 04, 2012, 07:42:48 PM »
The criminal penalty for possession of a magazine that holds more than ten rounds that will fit a pistol is one year in jail and a $1000 fine ( see sec. 134-8(d) HRS) . This applies to each magazine. So if you have ten 15 or 30 round M-1 carbine mags the prosecutor could ask the judge to stack the jail time to ten years and a $10,000 fine . Unlikely,  but that's the potential. It  doesn't matter that the pistol for the magazine isn't legal in Hawaii (assault pistol) or that you don't own any pistols. It's the very magazine itself that's prohibited.

If the more than ten round magazine is inserted in a pistol the crime is a C felony, 5 years jail and NO probation. OK you got a Glock with five hi-cap mags. One in the handgun and the other 4 in the case. You are looking at 5+1+1+1+1 or six years in jail. Even if the magazines are empty.

If inserted in a rifle it still only a one year in jail misdemeanor 

It isn't confusing. But it does suck and we are stuck with it.

BTW there is no "grandfather clause" on the magazine ban. Go check Chapter 134 HRS and yes AR and AK more than 10 round mags are unlawful in Hawaii. Sadly plain and simple. But fortunately the police and prosecutors have not gone out of their way to bust people. But the prosecutor will add a mag ban charge if you are  facing other crimes like attempted murder, terroristic threatening abuse of a family member  etc.

Good news?  you have the right to a jury trial.(6th amendment Bill of Rights)

Funtimes

Re: What's the deal with AR/AK Magazines
« Reply #22 on: August 05, 2012, 12:25:06 AM »
I haven't seen the book thrown at someone for high cap.  I haven't gone to far into it, as I believe the law reads exactly how I think it does, but maybe I will take a glance to see if there was any appeal related stuff on casemaker in regards to magazine violations.
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Tom_G

Re: What's the deal with AR/AK Magazines
« Reply #23 on: August 05, 2012, 08:32:49 AM »
You are looking at 5+1+1+1+1 or six years in jail.

A little shaky on your math there  :shaka:
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

Funtimes

Re: What's the deal with AR/AK Magazines
« Reply #24 on: August 05, 2012, 09:57:48 AM »
^^  Hah!!!
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Flinter

Re: What's the deal with AR/AK Magazines
« Reply #25 on: August 05, 2012, 02:08:04 PM »
Oops you're right,  should be nine years. Sorry blame Honolulu public school. Wot?

230RN

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Re: What's the deal with AR/AK Magazines
« Reply #26 on: August 06, 2012, 04:53:36 AM »
Deleted by poster.
« Last Edit: August 08, 2012, 06:23:50 AM by 230RN »
I do believe that the radical and crazy notion that the Founders meant what they said, is gradually soaking through the judicial system.

gotblika

Re: What's the deal with AR/AK Magazines
« Reply #27 on: August 06, 2012, 05:22:25 AM »
So since there is a Ruger Charger Pistol and another Pistol that uses Ruger Mags they cant be used in a 10/22 no more.

So we brought up. What if we were to modify the Ruger Hi-Cap mags so they wont fit in a Ruger Pistol anymore? Would that be legal?
and they answered as long as it is NOT easily converted back to fit in the pistol. 
So we would have to modify the 10/22's to fit modified mags.
Technically the charger is illegal in HI so you're good…… ;)

Funtimes

Re: What's the deal with AR/AK Magazines
« Reply #28 on: August 06, 2012, 08:58:05 AM »
Technically the charger is illegal in HI so you're good…… ;)

On a more technical note, swap out the standard barrel with the titanium and you have a legal firearm ;).
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gotblika

Re: What's the deal with AR/AK Magazines
« Reply #29 on: August 07, 2012, 10:07:59 AM »
On a slightly less technical note is says manufacturers weight…… :(

Funtimes

Re: What's the deal with AR/AK Magazines
« Reply #30 on: August 07, 2012, 10:29:15 PM »
On a slightly less technical note is says manufacturers weight…… :(

You can send it to licensed manufacturer, some places can also add the thing for you before it ships! =D
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dirsh

Re: What's the deal with AR/AK Magazines
« Reply #31 on: August 08, 2012, 01:11:43 PM »
Can someone write an explanation I can give to online vendors when they try to deny me buying 30 rnd mags for my AR? Just something simple I can copy and paste
thanks
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HiCarry

Re: What's the deal with AR/AK Magazines
« Reply #32 on: August 08, 2012, 02:12:42 PM »
Can someone write an explanation I can give to online vendors when they try to deny me buying 30 rnd mags for my AR? Just something simple I can copy and paste
thanks

And that note would say something like: "Can you please ship me those 30 round magazines that your legal department has determined are illegal in Hawaii because currently HPD isn't enforcing that law."

I don't think that would work for you....

SpeedTek

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Re: What's the deal with AR/AK Magazines
« Reply #33 on: August 08, 2012, 02:54:49 PM »
Clarification:  Magnum Research makes a Pistol that is legally sold in Hawaii


Magnum Research PiCuda MLP-1722

Thats why we cant use Ruger 10/22 Hi Cap Mags no more....

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Re: What's the deal with AR/AK Magazines
« Reply #34 on: August 08, 2012, 05:23:29 PM »
Can someone write an explanation I can give to online vendors when they try to deny me buying 30 rnd mags for my AR? Just something simple I can copy and paste
thanks

You could skip the middle guy, save on shipping, an go to OGC Tactical. Best prices and selection Ive found on the island.
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Kingkeoni

Re: What's the deal with AR/AK Magazines
« Reply #35 on: August 08, 2012, 05:30:08 PM »
You could skip the middle guy, save on shipping, an go to OGC Tactical. Best prices and selection Ive found on the island.


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What's the deal with AR/AK Magazines
« Reply #36 on: August 09, 2012, 01:27:53 AM »
You could skip the middle guy, save on shipping, an go to OGC Tactical. Best prices and selection Ive found on the island.

OGC sells for cheaper than what the Marine Corps Exchange charged in North Carolina.
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SpeedTek

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Re: What's the deal with AR/AK Magazines
« Reply #37 on: August 09, 2012, 12:41:13 PM »
I dropping KK from the list....
Political Correctness is FOS
I collect M1 Carbines, PM me if youre selling!
& Bolt Action 308s also 10/22 Rugers.
Buying STOCK Ruger 10/22 parts and bits, PM me.
Now doing Vintage VW Parts!

GZire

Re: What's the deal with AR/AK Magazines
« Reply #38 on: August 09, 2012, 01:30:59 PM »
Oops you're right,  should be nine years. Sorry blame Honolulu public school. Wot?

Eh turn the keyboard right side up. :D

WCMTWS

Re: What's the deal with AR/AK Magazines
« Reply #39 on: December 21, 2012, 01:20:05 AM »
Bought one two many Troy mags, is it ok to sell one of them out of state as long as its not to a ban state?