Question of SBR legality.

T

tgreening

New member
Iwas at tr range yesterday and there was a young gentleman in there with what "appeared" to be a sub-gun but in fact was a semi-auto. His main purpose at the range seemed to be trying to fool people into thinking he had a full auto by bump firing, though not very well.

At first glance it appeared to a short barreled pistol setup but when he came over to the bench I could see it had a metal wire type stock folded up and over with the butt plate resting flat against the top of the receiver.

It ahd a very WW II look to it with a stick mag coming out the side and a metal barrle shroud full of holes.

I asked him how long the barrel was and he said it was 9" and registered as a pistol. I pointed to the stock and he said that since the butt plate was actually tack welded to the top of the receiver (it was) that he was legal as a pistol.

I didnt press the point since I'm no Legal Eagle, and it isn't my business anyway. That said I AM curious though.

What say you?
 
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If the wire "stock" is indeed welded forward and can NOT be used to shoulder the weapon, then it's not a "stock." He's good to go.
 
Sorry for the bad spelling. Typing on an ipad is not a strong point it seems and I lack the ambition to go back and correct things.
 
What, are you looking over my shoulder? Dang that was fast. It was indeed welded, but tack welded. Nothing that a quick pry with a screwdriver couldn't overcome.
 
If and when the weld fails, then that's a different conversation. While welded and un-useable to shoulder the weapon, it's not a stock. But since the guy is in OHIO the only thing holding him back from actually making a SBR, is pure laziness. They're more fun than the awkard pistols anyway.
 
From the ATF's perspective, if the firearm was manufactured as a rifle, then it is a short-barrelled rifle if the barrel is less than 16" or the overall length is less than 26" - regardless of whether you remove the stock or render it inoperable.

If the firearm was originally manufactured as a pistol, then that configuration may work; but I'd get a letter from ATF describing that exact same configuration and addressed to me if I wanted to play it safe.
 
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