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.

[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

[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!

[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.

[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.