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High Capacity and Hawaii -Need Advice

osuarchitectosuarchitect Member Posts: 3 ✭✭
edited January 2007 in Ask the Experts
Hey guys,

I've got a pistol up for auction now on gun broker that has 2 hi-capacity magazines with it. The winning bidder is in Hawaii. It has a couple of days left but the winner has already bid enough to reach my reserve. My question is what happens if he/she wins? To my knowledge you are not allowed to own a hi-cap magazine in Hawaii. Am I correct here? Are there exceptions that anyone knows about? Is it possible to ship the pistol with 10 rounders or without the magazines and have it be ok in Hawaii? The winning bidder has 29 transactions on gun broker so I'm hoping he/she knows something that I don't. I tried contacting the leading bidder to double check the legal status but apparently you cannot e-mail the party unless they've already won. This is my first time using Gun Broker to sell anything so any advice would be appreciated. Thanks experts.
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Comments

  • sig232sig232 Member Posts: 8,018
    edited November -1
    Be carefull it may be the authorities bidding in Hawaii, fixing to hang you from a coconut tree.[:(][:0]
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  • Laredo LeftyLaredo Lefty Member Posts: 13,451 ✭✭✭
    edited November -1
    Under Title 10 Hawaii Public safety and Internal Security it is illegal to possesss mags in excess of 10 rds.

    Exceptions are for Law Enforcement, members of the armed forces and mail carriers while in the performance of their duties, if their duties require them to be armed.

    I would suggest replacing the high-caps with 10 rounders if you can, and explain it to the winner if he is in hawaii.
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  • dfletcherdfletcher Member Posts: 8,179 ✭✭✭
    edited November -1
    The person bidding on the gun is responsible for knowing and complying with the laws of the state in which he resides. I live in CA and am responsible for knowing what I can & can not receive - and I"m quite certain it's a little more complicated than Hawaii. I would not expect a person to send me a pistol with hi cap mags and if the roles were reversed I would not send hi cap mags.

    Perhaps someone can specifically clarify if you would be violating the law by sending the hi cap mags to him. I'd presume so, but do not know for certain.

    The bidder has entered into a business transaction he can not legally complete. If you want to complete the deal and provide some 10 round mags I'd say that's more than fair. Find out how much 10 round mags cost though - don't assume they're cheap just because the AW ban is gone. My experience is that prices are high because the only folks who buy them are those who must - residents of CA, Hawaii, etc.

    You could simply tell him (if he wins) that you can not send the mags.
    If he placed the bid with the expectation he would get the mags that's his mistake - not yours.
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  • MoD_EagleMoD_Eagle Member Posts: 65 ✭✭
    edited November -1
    I never thought I'd be so greatful to live in Utah
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  • bgjohnbgjohn Member Posts: 2,275 ✭✭✭✭✭
    edited November -1
    Same here in Arizona.
    JM
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  • William81William81 Member Posts: 25,486 ✭✭✭✭
    edited November -1
    I would contact the potential buyer and explain the situation. I would tell him that if he wins, the gun will be shipped with 10 rounders. If there is a problem with that I would block him from bidding and wait for the next guy.

    There is no use getting yourself into a bad situation over a few bucks.

    When I sold a few hicaps during the "Ban" days, I used to get some bidders from Kali even though my listings would specificly state not sales to CA, NJ or any other state where prohibited. I would email the bidder and tell him the deal was never going to happen...
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  • 11b6r11b6r Member Posts: 16,584 ✭✭✭
    edited November -1
    If you go over to gunspartscorp.com. forums, there is a Hawaiian gunsmith named Mel Chung- operates on Molokai. Mell is good guy, may be able to offer advice/ help. Would NOT ship an item I believe to be illegal on recieving end. Life is too short.
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  • j2k22j2k22 Member Posts: 329 ✭✭
    edited November -1
    advise the buyer that you will not ship the mags.
    Hawaii does allow magazines that were made to hold more than 10 rounds if they have been "permanently" blocked at 10.
    The way this is commonly done is the glue a piece of metal on the back wall of the mag which bocks the follower from going down beyond the 10-round limit. This method is accepted by HPD.
    You could offer to perform the conversion.
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  • nmyersnmyers Member Posts: 16,892 ✭✭✭✭
    edited November -1
    I don't see where you have a problem, since you are primarily selling a firearm. You will be shipping everything to an FFL, & he can legally receive both the gun & hi-cap mags. HE is responsible for delivering both to someone legally able to possess them. (For all you know, the bidder may be an excepted class.) If he cannot possess the mags, the dealer will keep them (& probably sell them to an LEA), or return them to you. Whatever, it's not your problem.

    When selling items where local laws may be a problem, refer to State Laws & Published Ordinances - Firearms (ATF P5300.5), downloadable from the ATF website.

    Neal
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  • osuarchitectosuarchitect Member Posts: 3 ✭✭
    edited November -1
    Thanks for the advice everyone. I was able to get a hold of the buyer and he got back with me. He wants me to ship the gun to him and the hi-caps to a relative where it is legal. He of course will have to pay the excess expenses. Is there any advice anyone can give me for shipping hi-caps to a state where it is legal? Say from Ohio to Kentucky? Can I just ship USPS priority? I have bought hi-caps online before and if I remember correctly they were seperated from the other parts I had ordered. I think that was the only thing that was any different about them. Thanks again.
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  • sig232sig232 Member Posts: 8,018
    edited November -1
    quote:Originally posted by osuarchitect
    Thanks for the advice everyone. I was able to get a hold of the buyer and he got back with me. He wants me to ship the gun to him and the hi-caps to a relative where it is legal. He of course will have to pay the excess expenses. Is there any advice anyone can give me for shipping hi-caps to a state where it is legal? Say from Ohio to Kentucky? Can I just ship USPS priority? I have bought hi-caps online before and if I remember correctly they were seperated from the other parts I had ordered. I think that was the only thing that was any different about them. Thanks again.



    Shipping those hi-capacity mags to a legal state will not be a problem. UPS, FED-X will work fine.
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