While exploring options for cutting some weight from my carbine, I came across an AR15 type firearm:

http://www.franklinarmory.com/PRODUCTS_XO-26B.html

The manufacturer has a link to a .PDF copy of a letter from the BATF:

http://www.franklinarmory.com/XO-26_Letter__c_.pdf

To summarize, the firearm is not a "SBR", an "AOW", or a pistol in the eyes of the BATF despite an 11" barrel and a pistol grip because it doesn't have a stock (not a rifle), the overall length is over 26" (not an "AOW") and it has a Forward Vertical Grip (not a pistol).

At first I thought "Where's my money?" but then I realized where I live and thought it's too simple.  There's a catch somewhere and I'd better find it before I get myself into something I can't get out of.

So, here it is...  HRS 134-1 Definitions, "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.

In other words, if the barrel is <16", it's a pistol.  However, we're all too familiar with the Definition of "Assault Pistol" which the firearm in question clearly falls under since it has a barrel <16" and pretty much every "Evil" feature that defines an "Assault Pistol".

This is where things get interesting.  By Hawaii's definition, anything with a barrel <16" is a pistol.  Furthermore, it is only an "Assault Pistol" if it is a semi-auto and has more than one "Evil" feature.  Therefore, by Hawaii's definition, a semi-auto type polymer frame railed pistol with a FVG installed is still only a pistol despite the BATF already classifying this as an "AOW".  Technically, the FVG doesn't attach or partially or completely encircle the barrel either so it could make the whole thing weigh 7 lbs. and it would still be a pistol with only one "Evil" feature.  A stock doesn't even come up in the definition of an "Assault Pistol" either so attaching one and bringing the length over 12" doesn't make an "Assault Pistol" but since the barrel is less than 16" it's still a pistol.

Anyway, I'm sure you get the point.  Don't get me wrong, I'm not suggesting anyone do any of this.  I'm not a lawyer so my opinion is worth about as much as as expired "Free Meal" coupons from "Taco Time".  I'm just getting a bit frustrated trying to get something together for a HD rig specific to my needs and wants and hitting stupid walls.

The one thing that sticks in my mind however is that an "Assault Pistol" first must be "a semiautomatic pistol which accepts a detachable magazine".  So... pump action then?  Be like John Wayne (or Arnold Schwarzenegger if you don't know) with a lever action?  Hmmm...

Here is the definition of an "assault pistol"

"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, actually, the firearm passes every test to make it an assault pistol.The magazine inserts in front of the pistol grip, the barrel is threaded, the handguard is the barrel shroud, it's too heavy, too long, and is a semi version of an auto.

The only way I see to get around this is to make it not semi-automatic. I would be that you'd have to modify it pretty permanently so that it stays that way, or prepare to be a test case for this law. I like the way you think though and welcome to the site.

Here is the definition of an "assault pistol"
So, actually, the firearm passes every test to make it an assault pistol.The magazine inserts in front of the pistol grip, the barrel is threaded, the handguard is the barrel shroud, it's too heavy, too long, and is a semi version of an auto.

The only way I see to get around this is to make it not semi-automatic. I would be that you'd have to modify it pretty permanently so that it stays that way, or prepare to be a test case for this law. I like the way you think though and welcome to the site.

You can weld your magazine lol.

You can weld your magazine lol.

Heh, this crossed my mind about 15 minutes ago...

While the "Bullet Button" is questionable in Hawaii, would bolting the mag release and welding it serve this purpose, similar to a welded pin on a barrel extension?

Being limited to 10 rounds, I'd prolly only use this in a pistol configuration as backup to the carbine though.  Or maybe have 3 of 'em handy...  J/K

Heh, this crossed my mind about 15 minutes ago...

While the "Bullet Button" is questionable in Hawaii, would bolting the mag release and welding it serve this purpose, similar to a welded pin on a barrel extension?

Being limited to 10 rounds, I'd prolly only use this in a pistol configuration as backup to the carbine though.  Or maybe have 3 of 'em handy...  J/K

Yeah, right now we don't have the framework in place like CA does to make the bullet button viable.  They can pretty much thank a DOJ admission in court for that one, otherwise they would still not have them. 

Pick your fights carefully.

Ask for a bullet button for one type of firearm and you'll likely be forced to have a bullet button for all your semi auto rifles.

Pick your fights carefully.

Ask for a bullet button for one type of firearm and you'll likely be forced to have a bullet button for all your semi auto rifles.

This is also a very serious consideration.

Would bolting the mag release at the button side and welding it, similar to a welded pin on a barrel extension, make it non-detachable?