atf ruling

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  • Silverlode

    Ultimate Member
    Aug 16, 2010
    4,797
    Frederick
    OK, somebody please explain this to an SBR dummy (me).

    I think this means if you convert a pistol to an SBR, you still have to follow the currently established guidelines, but then you can convert it back without any red tape?
     

    hawxter996

    this avatar is offensive!
    Nov 11, 2008
    2,425
    at home
    OK, somebody please explain this to an SBR dummy (me).

    I think this means if you convert a pistol to an SBR, you still have to follow the currently established guidelines, but then you can convert it back without any red tape?



    start as a pistol,change to rifle 16in + back to pistol.

    eta. it appears so.
     

    BenL

    John Galt Speaking.
    I'm not sure anything's changed. From page 3:

    Nonetheless, if a handgun or other weapon with an overall length of less than 26 inches, or a barrel or barrels of less than 16 inches in length is assembled or otherwise produced from a weapon originally assembled or produced only as a rifle, such a weapon is a “weapon made from a rifle” as defined by 26 U.S.C. 5845(a)(4). Such a weapon would not be a “pistol” because the weapon was not originally designed, made, and intended to fire a projectile by one hand.

    Once it's made a rifle, it can't then be made into a pistol. This has always been the rule.
     

    erwos

    The Hebrew Hammer
    MDS Supporter
    Mar 25, 2009
    13,893
    Rockville, MD
    You're missing the "originally assembled or produced" bit in your quote. That's the big news, because it used to be "has EVER been a rifle".
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    I'm not sure anything's changed. From page 3:



    Once it's made a rifle, it can't then be made into a pistol. This has always been the rule.

    I think what they were trying to accomplish was clarify the rule on pistol to rifle conversion. It was always understood that a pistol could be converted into a rifle, but the conversion back from a rifle to a pistol was debated as to its legality. This is because you cannot turn a rifle into a pistol without SBR paperwork, and people would argue that 1) it's legal because it just restores the handgun to its original form and 2) it's illegal because it converts a now rifle into an SBR, and not a pistol.
     

    Lex Armarum

    Ultimate Member
    Oct 19, 2009
    3,450
    This ruling does substantial damage to the "constructive possession" (see, I used the right term this time) scare-mongers amongst us. Having both parts in your possession does not necessarily rise to the level of constructive possession. Of course, as always, this is not legal advice, the correct answer always depends upon the individual situational facts and circumstances, etc etc.
     

    Inigoes

    Head'n for the hills
    MDS Supporter
    Dec 21, 2008
    49,627
    SoMD / West PA
    So in laymans terms:

    Say a GSG pistol is laying around, with extra GSG parts such as a stock.

    If the stock was attached to the GSG pistol, is legal?
    Then take the stock off, and restore the pistol back to it's orginal configuation, is legal?

    Just trying to clarify...
     

    jonnyl

    Ultimate Member
    Sep 23, 2009
    5,969
    Frederick
    So in laymans terms:

    Say a GSG pistol is laying around, with extra GSG parts such as a stock.

    If the stock was attached to the GSG pistol, is legal?
    Then take the stock off, and restore the pistol back to it's orginal configuation, is legal?

    Just trying to clarify...

    I think only if the barrel is 16+. If the barrel is shorter you made an SBR. I think that's why they made such a point out of the example kit coming with two barrels.

    not a lawyer... not even really knowledgeable...:D
     

    NateIU10

    Ultimate Member
    Apr 6, 2009
    4,587
    Southport, CT
    So in laymans terms:

    Say a GSG pistol is laying around, with extra GSG parts such as a stock.

    If the stock was attached to the GSG pistol, is legal?
    Then take the stock off, and restore the pistol back to it's orginal configuation, is legal?

    Just trying to clarify...

    So bottom line is I still can't slap a stock on my AR pistol without going through the SBR process right?

    It must still meet the minimum OAL and barrel length to be a rifle, as defined, and not an SBR. If it meets all that, then yes, you may.
     

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