C&R in Hawaii (Read 9226 times)

Tom

C&R in Hawaii
« on: February 15, 2013, 09:44:19 AM »
Hi,

Not looking for official legal advice, just some wisdom from Curio & Relic holders.  How does Hawaii law deal with items considered C & R?   For instance, if a Mauser K98k is on the C & R list, does that make it not an SBR and so legally registrable in Hawaii?  Or a Thompson SMG on the C&R list.

Any help would be appreciated


--tom
Tom
NRA Endowment Member

Tom_G

Re: C&R in Hawaii
« Reply #1 on: February 15, 2013, 11:10:24 AM »
It's something of an academic question, since all of the really cool things on the C&R list are virtually impossible to find.  I've been looking for that Dragunov for years...

Look in the Hawaii definitions under prohibited weapons (HRS 134-8).  There are no exceptions for guns that the Feds recognize as C&R.  I expect that they would classify your examples as illegal.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

armsinc

Re: C&R in Hawaii
« Reply #2 on: February 15, 2013, 11:28:29 AM »
as a C&R Holder SMG SBS SBR ..... are still prohibited ..... assault pistol that are classified as C&R are okay from my understanding


 §134-1  Definitions.  As used in this chapter, unless the context indicates otherwise:
     "Acquire" means gain ownership of.
     "Antique pistol or revolver" means any pistol or revolver manufactured before 1899 and any replica thereof if it either is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition or is designed or redesigned to use rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
     "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.


Where a C&R is great is buying C&R pistols from the main land .... you dont need to apply for a permit to acquire !!!! And you pay discounted rate at midway USA.... And you don't pay for transfer fees for C&R qualifying rifles
ArmsInc Hawaii

GZire

Re: C&R in Hawaii
« Reply #3 on: February 15, 2013, 12:33:50 PM »
Thompson falls under NFA.

Tom

Re: C&R in Hawaii
« Reply #4 on: February 15, 2013, 01:48:34 PM »
I was in line at hpd a few days ago behind a guy who inherited his dad's revolver and wanted to sell immediately since he was leaving hawaii.  If it is on the c&r list or was >50 years old, could a c&r ffl just buy it on the spot?
« Last Edit: February 15, 2013, 02:24:39 PM by Tom »
Tom
NRA Endowment Member

Tom_G

Re: C&R in Hawaii
« Reply #5 on: February 15, 2013, 02:49:08 PM »
I was in line at hpd a few days ago behind a guy who inherited his dad's revolver and wanted to sell immediately since he was leaving hawaii.  If it is on the c&r list or was >50 years old, could a c&r ffl just buy it on the spot?

I'm inclined to say "yes."  As a C&R transfer, it could legally be handled without a Hawaii permit. 

But...

Whenever I've registered a C&R acquisition (and I have registered several) I've had to provide complete information about the source.  Name, address, whatnot.  If the gun you are buying from the guy in line is already registered in the state under his father's name, not the name of the guy you're actually buying it from, I can see that causing a hiccup in the process. 

IANAL. YMMV.
The difference between theory and reality is that, in theory, there is no difference between theory and reality.

Tom

Re: C&R in Hawaii
« Reply #6 on: February 15, 2013, 06:22:35 PM »
Well, I guess if the Gun Buyback Program passes, C&R's can walk the line buying vintage pistols!

Tom
NRA Endowment Member

Bigkahuna808

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Re: C&R in Hawaii
« Reply #7 on: February 15, 2013, 10:06:14 PM »
How hard is it to get your c&r?  Does the process take long?

Tom

Re: C&R in Hawaii
« Reply #8 on: February 15, 2013, 10:50:01 PM »
I found this article pretty helpful. 

http://www.cruffler.com/becomingcruffler.html

I've just applied and they say it takes 6-8 weeks - $30 bucks.  On the plus side, you get discounts at online firearms supply places, can purchase Curios and Relics without having to pay an FFL transfer fee (since you have an FFL).  But the cost of the privilege is that as an FFL holder, you have record keeping requirements and the ATF has a right to inspect your records and even your C&R firearms either at your home or their office (your choice).

Perhaps some C&R FFL holders can chime in here.



Tom
NRA Endowment Member

astroboy

Re: C&R in Hawaii
« Reply #9 on: February 16, 2013, 04:32:57 AM »
Every firearm acquired with your c&r license will have to be kept track of in your log book. You must use a bound book for your log book. Information on each firearm should include: description, model no, serial no., type, (ie bolt action rifle) caliber, date, and source of firearm. The log should also have room for disposition info, in the event that you transfer a c&r fire arm.

Transferring a c&r fire arm is allowed in order to enhance your collection, and not to make a livelihood from it. One way to help prevent entanglements with the ATF is to keep transfers of c&r firearms out of your collection to a minimum. I could be wrong but ATF seems to have some leeway in the interpretation of federal law in regards to defining someone who is engaging in the business vs. someone who is merely a collector.

bass monkey

Re: C&R in Hawaii
« Reply #10 on: February 16, 2013, 07:48:23 AM »
How hard is it to get your c&r?  Does the process take long?

I've been telling you for a while to get your license.Its so easy and has so many benefits

Bigkahuna808

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Re: C&R in Hawaii
« Reply #11 on: February 16, 2013, 12:01:08 PM »
I've been telling you for a while to get your license.Its so easy and has so many benefits

Yeah ll text u.  Im gonna do this pay period

Hunter1007

Re: C&R in Hawaii
« Reply #12 on: March 24, 2013, 09:24:31 PM »
I've been thinking about getting my c&r license. Just curious of the transfer process of a c&r firearm using the c&r ffl. What's the difference going that route vs purchasing say an old Krag using your long gun permit? Is there any restricitons to your usage of a c&r firearm procured with a c&r ffl? I mean regular range usage? Or if I decide to sell or trade the firearm? I read that the c&r ffl is for collection purposes but what are the limitations of selling or trading those firearms?