What’s the Law: AR-15 and M-1 carbine magazines

WHAT’S THE LAW?

BY DARRYL CHOY

TOPIC: AR-15 and M-1 carbine magazines

Question: At the Gun Show, Range and some gun stores, I see a number of standard AR-15 and M-1 carbine magazines. All look like more than ten rounds. Is this stuff legal in Hawaii now? I don’t have any handguns for these magazines, so can I legally own them?

Answer: No. Any magazine that holds more than ten rounds and fits a handgun is illegal in Hawaii. Doesn’t matter if you don’t own the handgun in which the magazines fit. Hawaii’s high capacity handgun magazine ban has not been repealed despite efforts by the second amendment community. [See section 134-8(c) HRS]. This law may be stupid, but that will not stop a person from being arrested. Keep in mind possession is a full misdemeanor and carries with it a year in jail and a $2,000 fine criminal penalty. So potentially, if you have five 20 round mags, you could get 5 years in jail and a $10,000 fine. But you are entitled to a jury trial (a high cap mag in a handgun is a felony). [See section 134-8(d) HRS]

Question: If I block my magazines to 10 or less rounds, am I okay?

Answer: Yes, but it has to be blocked so it cannot be “readily restorable.” Inserting the old Colt 5 round blocker isn’t enough. [See section 134-8(c) HRS]. By the way, even if you had these magazines before the ban, they are still illegal. No “grandfather clause” on this one.

Note: All of the above applies to many rifle magazines that hold more than 10 rounds and will fit a handgun; for example, AK-47 and Ruger 10/22 high capacity magazines. They are all illegal. However M-14 and Ruger Mini-14 magazines are legal until a handgun is made for those magazines.

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