WC145 said:
You can have any length barrel on a pistol, a long barrel doesn't make it a rifle.
Correct.
A pistol has a rifled bore and is intended to be held and fired with one hand. The fact that it CAN physically be held and fired with two hands is irrelevant. Likewise, the length of the barrel is irrelevant.
The ATF has held that the addition of a vertical foregrip renders a pistol a
two-handed weapon, thus making it an AOW. The reasoning behind this determination is rather convoluted and of arguable validity, but that's a topic for a different thread.
A rifle has a rifled bore (duh...) and is designed to be fire from the shoulder; IOW shoulder stock = rifle.
The NFA applies to a fixed-cartridge rifle with a barrel or barrels less than 16 inches long or an assembled overall length less than 26 inches; such a weapon is considered to be a Short Barreled Rifle, or SBR for short (no pun intended
). However, as I write above,
the shoulder stock is what makes it a rifle; there is no legal issue with using a barrel 16 inches or longer on a pistol. (There may be
practical issues with holding it steady, finding holsters, and so forth, but I digress; the relevant factor is that there is no
legal issue.
)
Additionally, the NFA places restrictions on a Weapon Made From A Rifle; such a firearm is effectively treated as an SBR. Although I'm veering a little from the original topic, I bring this up because the NFA was NOT written with modular firearms in mind, and the modularity of many modern firearms (e.g. ARs) makes it relatively simple to take a stripped rifle receiver and assemble a pistol out of it. The thing to understand is that such a weapon is effectively considered to be an SBR
even if it is 100% physically identical to a legal pistol that can be bought off-the-shelf. The legal issue emerges solely because it was originally a rifle. If you want to be able to go back-and-forth, start with a pistol. (
[EDIT TO ADD] I don't honestly know whether there is a rifle that can be assembled into an analog of a Mossy 715P; I'm writing this solely as a general warning.)
Legal citations and such...
Per
27 CFR § 478.11, a pistol is defined as:
A weapon originally designed, made, and intended to fire a projectile (bullet) from one or more barrels when held in one hand, and having (a) a chamber(s) as an integral part(s) of, or permanently aligned with, the bore(s); and (b) a short stock designed to be gripped by one hand and at an angle to and extending below the line of the bore(s).
HERE is a link to a PDF handbook from the ATF explaining what they consider to be an SBR or AOW. From Page 2:
A rifle is a firearm designed to be fired from the shoulder...
From Page 7:
...included in the “any other weapon” definition are pistols and revolvers having smooth bore barrels designed or redesigned to fire a fixed shotgun shell.
From Page 9:
...certain alterations to a pistol or revolver, such as the addition of a second vertical handgrip, create a weapon that no longer meets the definition of pistol or revolver. A pistol or revolver modified as described is an “any other weapon” subject to the NFA because the weapon is not designed to be fired when held in one hand. As stated above, a pistol or revolver having a rifled bore does not meet the definition of “any other weapon” and is not subject to the NFA. It is important to note that any pistol or revolver having a barrel without a rifled bore does not fit within the exclusion and is an “any other weapon” subject to the NFA.
Mandatory disclaimers:
- I am not an attorney, nor do I play one on TV. This is not legal advice. Caveat emptor and YMMV.
- Check your state and local laws; I have not considered state or local law in writing this post.
