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

[MegademiC]

If sbr is not allowed, dont take the roni stock to avoid constructive intent.

That said, when’s the last time a cop searched your trunk?

Edit- reading again, you can have it, just not while driving, having the stock in your trunk you should be good to go. Im not a lawyer, but it seems cut and Dry to me.

[tb-av]

I've never read anywhere that a hardware configuration can be two things at once. If FL is one of those States where "locked in the trunk" means no problem, you don't drive to GA, you don't lend it to a friend for the day,....

Sounds like a Pistol to me.

Probably you are going to get bit by a shark and struck by lightening before that scenario occurs.

I would be sure that stock is in the trunk and locked in a case if it had to be with you. Provided you are that lucky and the scenario did manifest. With the Pistol and stock being so proximate they could say it's simply a readily assembled SBR.

that it does not fall under NFA purview until it returns to an NFA configuration.

Does not fall under the "definition" of an SBR. It falls under the definition of a Pistol. Both fall under the purview in this scenario. Most letters they write are in response to people asking questions like these. They basically say... yeah, it's a pistol, you can load it and take to Grandmas for dinner if your State allows that type carry. They don't tell you that you can sell it, take over State lines, loan to a friend, etc.. It's a special pistol for the time it remains in that configuration.




I'm not a lawyer and this is not legal advice. That's just my take. NFA is expensive and handguns are cheap. Buy a spare and spend your time worrying about the price of ammo. You can't get arrested for that. Well maybe you can in NY.

[tb-av]

This jives with my understanding as well.

Think of it this way.

To some extent every firearm is encumbered. We have to use an FFL, etc.. Pay sales taxes, can't sell to 8yo children. Basic encumbrances. Rifle, Pistol, Frame, whatever. Just basic stuff. We deal with it. No problem, sell your gun on GunBroker. All is good.


NOW... register an NFA item. They make you define it. They apply more encumbrances. Travel, possession, transfer is even more complicated. What they do tell you though is that you can change things up if it makes your life easier and more enjoyable for some reason. What they never say though is that all those extra encumbrances go away while you play "what's this configuration?"

It's a pistol
It's a rifle
It's a receiver

It's encumbered by the BATF. A basic rifle, pistol or whatever is not that heavily encumbered. You walk in the store, buy or sell it, and walk out.

Regardless of the configuration, the BATF item is still more heavily encumbered. So in this scenario the BATF will name it a pistol. FL says you can carry a loaded pistol. Provided no other laws we don't know about... everything is basically in legal alignment. Drive up to GA, leave it with a friend, go back to FL....... now you have violated the BATF rules but FL and GA would pretty much be none the wiser.

That's not the same as a pistol you bought that day at a sports shop and did the very same thing.

1. Pistol is a Pistol -- Definition based on physical attributes
2. Rifle is a Rifle -- Definition based on physical atttributes
3. Registered is Registered -- Purview

You can do 1 or 2 but always have to do 3 as well once you have gone down the NFA road.