SilencerTalk

Sound Suppressor Discussion
It is currently Fri Feb 22, 2019 8:50 pm

All times are UTC-04:00




Post new topic  Reply to topic  [ 5 posts ] 
Author Message
PostPosted: Wed Jan 30, 2019 11:31 am 
Offline
Silent Operator

Joined: Tue May 10, 2011 1:43 am
Posts: 87
Had a thought...go figure... If I temporarily replace my stock with a pistol brace, could I transport it to another state without jumping through the ATF paperwork hoop? Or would it be considered illegally making a rifle a pistol?

_________________
"The opposite of hero is not villain. It is bystander."

"In doing what we ought we deserve no praise, because it is our duty."
Saint Aurelius Augustine

Bret


Top
   
BulletFlight for Android
PostPosted: Wed Jan 30, 2019 1:34 pm 
Offline
Silent But Deadly
User avatar

Joined: Sun Dec 09, 2007 4:55 pm
Posts: 958
This has been hashed out here more times than I care to count.

Some say yes, some say no.

nfa collectors handbook says you can, but it's not an official document of the atf.

I personally think no since the serial number is the registered part of the gun in the NFA registry. Not the buttstock.

Your mileage may vary, I'm not a lawyer, nor did I stay in holiday inn last night.

_________________
I don't care what your chart says


Top
   
PostPosted: Wed Jan 30, 2019 2:46 pm 
Offline
Silent But Deadly

Joined: Wed Feb 22, 2012 3:40 pm
Posts: 393
Location: Sin City, NV
BretJ wrote:
Had a thought...go figure... If I temporarily replace my stock with a pistol brace, could I transport it to another state without jumping through the ATF paperwork hoop? Or would it be considered illegally making a rifle a pistol?


I presume that this is an AR-based SBR. This is how I understand it:

  • In your home state, you can put a 16" or longer barrel on it without having to remove it from the NFA registry.
  • You cannot change it from a rifle to a pistol without first removing it from the NFA registry.
  • If you put a 16" barrel on it, you can move it across state lines as it is not in an NFA configuration.
  • If you put a barrel shorter than 16" on it outside your home state AND are caught without an approved 5320.20, you are in violation of some BATFE regulation or other.

I recently went through the "hoop" you describe; it took about 8 days to receive the approved 5320.20 back. That gave me permission to transport the SBR to, and possess in, my new state of residence.

_________________
7 stamps and counting :mrgreen:


Top
   
PostPosted: Wed Jan 30, 2019 8:27 pm 
Offline
Silent But Deadly
User avatar

Joined: Sun Dec 20, 2015 9:15 pm
Posts: 1281
Theres no such thing as illegally making a rifle a pistol. When you put a brace on a LONG barreled rifle, it becomes a pistol with a long barrel. If you put a brace and a short barrel on a rifle it becomes an SBR. Yes, even though it has a brace, its still an sbr. Because SBR is defined as:

Quote:
a weapon made from a rifle if such weapon as modified has an overall
length of less than 26 inches or a barrel or barrels of less than 16 inches in length; [...]


If your gun is registered as an SBR, you can legally go between rifle and "pistol" because both configurations are legally considered SBRs.

This technically means that you cant cross state lines with an SBR that wasn't originally a pistol. Do it anyway. Even if they wanted to, the ATF wont convict you for it. It would be nearly impossible to detect. With the handbook saying its ok, it would be hard to convict.

If you add a long barrel to your SBR, you can legally cross state lines because your rifle is no longer an SBR. then once you're home, reconfigure it as an SBR.

Mbogo, your second point is incorrect. A rifle can never become a pistol with a barrel less than 16" unless it was originally a pistol. If you configure a rifle as a pistol, its legally an SBR unless it was originally a pistol. Also, if it was originally a pistol, you do not need to remove it from the registry to configure it as a pistol.

What a legal clusterfuck

_________________
300 blackout form 1: http://www.silencertalk.com/forum/viewtopic.php?f=10&t=137293

5.56 form 1:
http://www.silencertalk.com/forum/viewtopic.php?f=10&t=141800&p=955647#p955647


Last edited by fishman on Thu Jan 31, 2019 3:39 pm, edited 1 time in total.

Top
   
PostPosted: Thu Jan 31, 2019 2:40 pm 
Offline
Silent But Deadly

Joined: Wed Feb 22, 2012 3:40 pm
Posts: 393
Location: Sin City, NV
Thanks, fishman.

My own AR-based SBR started out as a pistol, so that's what i was thinking of when I wrote my second bullet point.

mbogo

_________________
7 stamps and counting :mrgreen:


Top
   
Display posts from previous:  Sort by  
Post new topic  Reply to topic  [ 5 posts ] 

All times are UTC-04:00


Who is online

Users browsing this forum: No registered users and 14 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum

Search for:
Powered by phpBB® Forum Software © phpBB Limited
[ GZIP: Off | Load: 0.61 ]