It's a pistol! Now it's a rifle! But is it legal?

[Bluto]

Sorry for the goofy title but here's my question...

If one were to carry an SBR'd pistol, in this case a Glock, as an EDC in a state that does not allow loaded rifles in cars, would that be illegal?

I'm talking about a pistol with no attachments in a holster concealed on ones body carried by a CWP holder.

In Florida you cannot drive a car with a loaded rifle. If the pistol is in "pistol" format (no stock or other attachments), would it be considered a pistol or a rifle?

I'm sure that most officers are unaware of NFA laws and would be none the wiser, but to the letter of the law would this be legal or illegal?

Hypothetically, if an NFA-enlightened officer pulled this person over for speeding, noticed the engraving on the pistol and the RONI stock in the trunk, would they have justifiable cause to give the owner a hard time?

[fledge]

My understanding.

A form 1 SBR is a “manufacture” of a rifle. Whether a stock or a brace or a naked buffer tube, it’s still a rifle.

Build an AR pistol lower if you want to solve your problem.

If braces could change NFA rules the way length of barrel can, we’d all be better off. But the ATF is gonna ATF.

[Bluto]

My understanding.

A form 1 SBR is a “manufacture” of a rifle. Whether a stock or a brace or a naked buffer tube, it’s still a rifle.

Build an AR pistol lower if you want to solve your problem.

If braces could change NFA rules the way length of barrel can, we’d all be better off. But the ATF is gonna ATF.

The host is not an AR . It's a Glock.

[mig1nc]

The ATF has long held that if a registered NFA item is reconfigured into a non-NFA configuration that it does not fall under NFA purview until it returns to an NFA configuration.

So I think in this case your pistol would be a pistol until you reinstalled the stock.

That said, I am not a lawyer and this should not be taken as legal advice.


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[ggammell]

The ATF has long held that if a registered NFA item is reconfigured into a non-NFA configuration that it does not fall under NFA purview until it returns to an NFA configuration.

So I think in this case your pistol would be a pistol until you reinstalled the stock.

That said, I am not a lawyer and this should not be taken as legal advice.


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This jives with my understanding as well.

[Nocaster]

Get a spare glock frame to carry ccw.

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[fledge]

The host is not an AR . It's a Glock.

I misread that part. Sorry about that. My reply obviously applies to something else.

[Bluto]

double tap

[juliet9]

The ATF has long held that if a registered NFA item is reconfigured into a non-NFA configuration that it does not fall under NFA purview until it returns to an NFA configuration.

So I think in this case your pistol would be a pistol until you reinstalled the stock.

That said, I am not a lawyer and this should not be taken as legal advice.


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that is only partly true, as the change is only TEMPORARY according to the ATF. If you want to change permanently, you have to notify ATF in writing of change of status.

This topic has been discussed in the SBR thread here. Any changes made to a modular weapon that is registered as an SBR are only consider temporary, as the ATF offers the "courtesy" to the individual to take advantage of the modularity. It in no way absolves you of your obligation(s) under the NFA.

I will repeat what I said in the other thread about folks taking section 2.5 out of the NFA handbook literally. Although written prior to the advent of a modular weapon like the AR15, I think it is clear what the intent of the verbiage is.

[Bluto]

I misread that part. Sorry about that. My reply obviously applies to something else.

No, you were right... I updated the original post after replying to yours. I neglected to mention it's a Glock on an AR-centric board do should have expected that. I just figured everyone is seeing what I'm seeing, so it's me losing my mind, not you!