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Unlimited rules question
Posted: Tue Aug 27, 2019 3:19 pm
by Mustang Gregg
Re: Unlimited rules question
Posted: Tue Aug 27, 2019 3:25 pm
by dhagerty40x
it is perfectly legal as long as the action is registered as a handgun (assume it is as you said it is NFA approved). as long as it meets weight, length and safety requirements, it meets the rules.
A lot of people have had guns built on Nesika actions and they are perfectly legal.
Re: Unlimited rules question
Posted: Tue Aug 27, 2019 4:16 pm
by Mustang Gregg
I know that if I buy a new unbarrelled action (never was ever a rifle), I can put a barrel that is UNDER 16" on it and call it a handgun with NO NFA or BATFE issues. This has been done lots of times legally with virgin bare AR-15 type actions.
But going into the area of a rifle or a barrelled action that was made with a 16"+ barrel installed, then you need to do the NFA SBR route. This is according to an NFA agent that I used to speak with.
Much obliged,
MG
Re: Unlimited rules question
Posted: Tue Aug 27, 2019 4:28 pm
by dhagerty40x
Mustang Gregg wrote: Tue Aug 27, 2019 4:16 pm
I know that if I buy a new unbarrelled action (never was ever a rifle), I can put a barrel that is UNDER 16" on it and call it a handgun with NO NFA or BATFE issues. This has been done lots of times legally with virgin bare AR-15 type actions.
But going into the area of a rifle or a barrelled action that was made with a 16"+ barrel installed, then you need to do the NFA SBR route. This is according to an NFA agent that I used to speak with.
Much obliged,
MG
I am used to California laws. First, we are not allowed to buy an action without a Barrel unless you are an Active duty LEO. it is also illegal to convert for any reason in this state. every other state has much more relaxed laws!
but, we can have a gunsmith order an action, perform the barrelling and we can then register it as a handgun or rifle.
Re: Unlimited rules question
Posted: Wed Aug 28, 2019 4:33 pm
by Richard Pickering
Gregg, you might pose the question on Specialty Pistols. I believe they will uphold your position: a new action designated as a handgun would meed the rule. Federal law defines rifle minimum length and shotgun minimum. No reference is made to handgun barrel length. It could have whatever you wish (respecting overall firearm length). As you know IHMSA says 15'' max.
Re: Unlimited rules question
Posted: Tue Oct 29, 2019 12:40 am
by stubshaft
Back in the 60's Remington brought out their XP-100 pistol BEFORE the 600 or 660 series of rifles. It is legal to convert a pistol to a rifle but not the other way around. If Remington is willing to sell an unbarreled new action, I don't think it could legally be done.
Re: Unlimited rules question
Posted: Tue Oct 29, 2019 2:04 pm
by Richard Pickering
I believe you will find that if you have converted a handgun to a rifle, it remains a rifle forever. This is not a reversible procedure.
Also, Federally, a handgun may have any length barrel you care for. Or, no barrel.
Again, those who post on Specialty Pistols are more familiar with these rules. They may not know or care about IHMSA rules.
RP
Re: Unlimited rules question
Posted: Tue Oct 29, 2019 8:22 pm
by 338whisper2
Assuming that the firearm was originally a pistol, the resulting firearm, with an attached shoulder stock, is not an NFA firearm if it has a barrel of 16 inches or more in length. Pursuant to ATF Ruling 2011-4, such rifle may later be unassembled and again configured as a pistol. Such configuration would not be considered a “weapon made from a rifle” as defined by 26 U.S.C. § 5845(a)(4).
[26 U.S.C. § 5845, 27 C.F.R. § 479.11; ATF Ruling 2011-4]
Re: Unlimited rules question
Posted: Tue Oct 29, 2019 9:33 pm
by dhagerty40x
this is the wording on ATF:
Can I lawfully make a rifle into a pistol without registering that firearm?
No. A firearm that was originally a rifle would be classified as a “weapon made from a rifle” if ; it has either a barrel less than 16 inches in length or an overall length of less than 26 inches. If an individual wishes to make an NFA firearm, s/he must first submit ATF Form 1, Application to Make and Register a Firearm, pay a $200.00 making tax, and receive approval of the application from ATF before converting the firearm.
[18 U.S.C. § 921(a)(3); 26 U.S.C. §§ 5845(a)(3)-(4)]
legal the opposite way:
Can I lawfully make a pistol into a rifle without registering that firearm?
Assuming that the firearm was originally a pistol, the resulting firearm, with an attached shoulder stock, is not an NFA firearm if it has a barrel of 16 inches or more in length. Pursuant to ATF Ruling 2011-4, such rifle may later be unassembled and again configured as a pistol. Such configuration would not be considered a “weapon made from a rifle” as defined by 26 U.S.C. § 5845(a)(4).
[26 U.S.C. § 5845, 27 C.F.R. § 479.11; ATF Ruling 2011-4]
Re: Unlimited rules question
Posted: Tue Oct 29, 2019 9:38 pm
by dhagerty40x
This is only true in the USA. it is legal both ways in Australia.