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SB3212
THE SENATE
S.B. NO.
3212
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to detachable ammunition magazines
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
�
Section 134-8, Hawaii Revised Statutes, is
amended to read as follows:
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"
�134-8
�
Ownership, etc., of automatic firearms,
silencers,
detachable ammunition magazines,
etc., prohibited; penalties.
�
(a)
�
The manufacture, possession, sale, barter,
trade, gift, transfer, or acquisition of any of the following shall be
prohibited:
�
assault pistols, except as
provided by section 134‑4(e); automatic firearms; rifles with barrel
lengths less than sixteen inches; ghost guns; shotguns with barrel lengths less
than eighteen inches; cannons; mufflers, silencers, or devices for deadening or
muffling the sound of discharged firearms; hand grenades, dynamite, blasting
caps, bombs, or bombshells, or other explosives; or any type of ammunition or
any projectile component thereof coated with teflon or any other similar
coating designed primarily to enhance its capability to penetrate metal or
pierce protective armor; and any type of ammunition or any projectile component
thereof designed or intended to explode or segment upon impact with its target.
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(b)
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Any person who installs, removes, or alters a
firearm part with the intent to convert the firearm to an automatic firearm
shall be deemed to have manufactured an automatic firearm in violation of
subsection (a).
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(c)
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The manufacture, possession, sale, barter,
trade, gift, transfer, or acquisition of detachable ammunition magazines with a
capacity in excess of ten rounds that are designed for or capable of use with a
pistol shall be prohibited.
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This
subsection shall not apply to magazines originally designed to accept more than
ten rounds of ammunition that have been modified to accept no more than ten
rounds and that are not capable of being readily restored to a capacity of more
than ten rounds.
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(d)
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The use of a detachable ammunition magazine
possessing a capacity in excess of fifty rounds with any firearm, except a
pistol, shall be prohibited; provided that the use of a detachable ammunition
magazine with a pistol shall be in accordance with subsection (c); provided further
that this subsection shall not apply to ammunition magazines originally
designed to accept more than fifty rounds of ammunition that:
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(1)
�
Have been modified to have a
capacity of less than fifty rounds; and
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(2)
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Are not capable of being readily
restored to a capacity in excess of fifty rounds.
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[
(d)
]
(e)
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Any person violating
subsection (a) or (b) shall be guilty of a class C felony and shall be
imprisoned for a term of five years without probation.
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Any person violating subsection (c)
or (d)
shall be guilty of a misdemeanor except when a detachable magazine prohibited
under this section is possessed while inserted into a pistol
or other
firearm, as the case may be,
in which case the person shall be guilty of a
class C felony.
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[
(e)
]
(f)
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In any prosecution for the
manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of
a ghost gun, it shall be an affirmative defense that the person holds a current
license to sell and manufacture firearms for sale under section 134-31, or that
the person is a dealer licensed by the United States Department of Justice, or
that the firearm is not required to have a serial number under the federal Gun
Control Act of 1968."
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SECTION
2.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION
3.
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This Act shall take effect upon its
approval.
INTRODUCED BY:
_____________________________
Report Title:
Firearms;
Detachable Magazines
Description:
Prohibits
the use of a detachable ammunition magazine with over a fifty-round capacity
with any firearm other than a pistol with exceptions.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.