GTG in New Mexico

I know you said that Iowa is GTG but I'm pretty sure that they do not allow short barrel rifles. Only law enforcement can have short barrels.

NY has the original assault weapons ban restrictions because we have a mirror law that keeps us stuck in history.

"Pistols
In order to qualify as a SAW, a pistol must be semiautomatic and be able to accept a detachable magazine. It may not have more than one “evil” feature. These “evil” features are as follows:

A threaded barrel capable of accepting a sound suppressor, forward grip, barrel extension, or flash hider

A barrel shroud that partially or completely encircles the barrel

A magazine that attaches to the pistol outside of the pistol grip

A manufactured weight of 50 ounces or greater unloaded."




Alabama
Alaska
American Samoa
Arizona.................................GTG
Arkansas................................GTG x 1 90%
California..............................GTG with bullet button - California Penal Code § 12276.1(a)(4) , California Code of Regulations § 5469(a)

Colorado
Connecticut
Delaware
District of Columbia
Florida.................................GTG
Georgia.................................GTG x1
Guam
Hawaii..................................NO, but maybe with bullet button - Hawaii Revised Statutes § 134-1

Idaho
Illinois................................GTG x1
Indiana
Iowa....................................GTG
Kansas
Kentucky
Louisiana...............................GTG x1 at 99%
Maine
Maryland................................OK to build but not sell
Massachusetts...........................NO, but "maybe" if owned before 1994 and you have some special paperwork

Michigan................................GTG with registration? less than 30 inches
Minnesota...............................GTG x1
Mississippi
Missouri
Montana.................................GTG x1
Nebraska
Nevada..................................GTG -
Nevada Revised Statutes 202.253-369
New Hampshire
New Jersey
New Mexico
New York ...................................Restricted - see expired Federal Assault Weapons Ban of 1994 (pre-ban is GTG––all must be licensed)
North Carolina..........................GTG x1
North Dakota
Northern Marianas Islands
Ohio....................................GTG
Oklahoma................................GTG, but no concealed carry - Oklahoma Statutes, Title 21 § 1290.2.2.a

Oregon
Pennsylvania............................GTG with registration?
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee...............................GTG
Texas............................................GTG 100% confirmed - treated as any other handgun
Utah
Vermont.................................GTG x1
Virginia
Virgin Islands
Washington..............................GTG x1
West Virginia...........................GTG - http://www.wvago.gov/pdf/BookletWVFirearmLaws.pdf
Wisconsin...............................GTG x1 at 99%
Wyoming

I would really love to see this as a map, and if allowed to be possesed, can it be loaded like any concealed pistol, reciprocity, etc in some states.

Unfortunately NJ is a no go. of course if you wish to make significant modifications to work around the "evil" features you can have something that once could have resembled a ar15 pistol but it would be just a barrel upper and lower no "grips"...... and that is playing on really thin ice. Cant wait to move to FL

NG added to NJ



Alabama
Alaska
American Samoa
Arizona.................................GTG
Arkansas................................GTG x 1 90%
California..............................GTG with bullet button - California Penal Code § 12276.1(a)(4) , California Code of Regulations § 5469(a)

Colorado
Connecticut
Delaware
District of Columbia
Florida.................................GTG
Georgia.................................GTG x1
Guam
Hawaii..................................NO, but maybe with bullet button - Hawaii Revised Statutes § 134-1

Idaho
Illinois................................GTG x1
Indiana
Iowa....................................GTG
Kansas
Kentucky
Louisiana...............................GTG x1 at 99%
Maine
Maryland................................OK to build but not sell
Massachusetts...........................NO, but "maybe" if owned before 1994 and you have some special paperwork

Michigan................................GTG with registration? less than 30 inches
Minnesota...............................GTG x1
Mississippi
Missouri
Montana.................................GTG x1
Nebraska
Nevada..................................GTG -
Nevada Revised Statutes 202.253-369
New Hampshire
New Jersey.....................................NG
New Mexico
New York ...................................Restricted - see expired Federal Assault Weapons Ban of 1994 (pre-ban is GTG––all must be licensed)
North Carolina..........................GTG x1
North Dakota
Northern Marianas Islands
Ohio....................................GTG
Oklahoma................................GTG, but no concealed carry - Oklahoma Statutes, Title 21 § 1290.2.2.a

Oregon
Pennsylvania............................GTG with registration?
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee...............................GTG
Texas............................................GTG 100% confirmed - treated as any other handgun
Utah
Vermont.................................GTG x1
Virginia
Virgin Islands
Washington..............................GTG x1
West Virginia...........................GTG - http://www.wvago.gov/pdf/BookletWVFirearmLaws.pdf
Wisconsin...............................GTG x1 at 99%
Wyoming

I added DC and confirmed VA.

Alabama
Alaska
American Samoa
Arizona.................................GTG
Arkansas................................GTG x 1 90%
California..............................GTG with bullet button - California Penal Code § 12276.1(a)(4) , California Code of Regulations § 5469(a)

Colorado
Connecticut
Delaware
District of Columbia...............NO, assault weapons defined as:  DC Official Code § 7-2501.01(3A)
Florida.................................GTG
Georgia.................................GTG x1
Guam
Hawaii..................................NO, but maybe with bullet button - Hawaii Revised Statutes § 134-1

Idaho
Illinois................................GTG x1
Indiana
Iowa....................................GTG
Kansas
Kentucky
Louisiana...............................GTG x1 at 99%
Maine
Maryland................................OK to build but not sell
Massachusetts...........................NO, but "maybe" if owned before 1994 and you have some special paperwork

Michigan................................GTG with registration? less than 30 inches
Minnesota...............................GTG x1
Mississippi
Missouri
Montana.................................GTG x1
Nebraska
Nevada..................................GTG -
Nevada Revised Statutes 202.253-369
New Hampshire
New Jersey.....................................NG
New Mexico
New York ...................................Restricted - see expired Federal Assault Weapons Ban of 1994 (pre-ban is GTG––all must be licensed)
North Carolina..........................GTG x1
North Dakota
Northern Marianas Islands
Ohio....................................GTG
Oklahoma................................GTG, but no concealed carry - Oklahoma Statutes, Title 21 § 1290.2.2.a

Oregon
Pennsylvania............................GTG with registration?
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee...............................GTG
Texas............................................GTG 100% confirmed - treated as any other handgun
Utah
Vermont.................................GTG x1
Virginia...................................GTG X2
Virgin Islands
Washington..............................GTG x1
West Virginia...........................GTG - http://www.wvago.gov/pdf/BookletWVFirearmLaws.pdf
Wisconsin...............................GTG x1 at 99%
Wyoming[/quote]

Alabama is GTG. No restrictions on pistols but the law was changed just a year ago to allow SBR to make them leagle here.  Of course where I live in Alabama you can walk into our sheriff's office and hand them $20 and walk out with your CCW permit in 15 minutes. I think some of those Gun Manufacturers in IL should move here and set up shop. Why support such an anti gun state like IL

Added Indiana

Alabama
Alaska
American Samoa
Arizona.................................GTG
Arkansas................................GTG x 1 90%
California..............................GTG with bullet button - California Penal Code § 12276.1(a)(4) , California Code of Regulations § 5469(a)

Colorado
Connecticut
Delaware
District of Columbia...............NO, assault weapons defined as:  DC Official Code § 7-2501.01(3A)
Florida.................................GTG
Georgia.................................GTG x1
Guam
Hawaii..................................NO, but maybe with bullet button - Hawaii Revised Statutes § 134-1

Idaho
Illinois................................GTG x1
Indiana..............................GTG with length restriction 26" maximum length  Indiana code 35-47-1
Iowa....................................GTG
Kansas
Kentucky
Louisiana...............................GTG x1 at 99%
Maine
Maryland................................OK to build but not sell
Massachusetts...........................NO, but "maybe" if owned before 1994 and you have some special paperwork

Michigan................................GTG with registration? less than 30 inches
Minnesota...............................GTG x1
Mississippi
Missouri
Montana.................................GTG x1
Nebraska
Nevada..................................GTG -
Nevada Revised Statutes 202.253-369
New Hampshire
New Jersey.....................................NG
New Mexico
New York ...................................Restricted - see expired Federal Assault Weapons Ban of 1994 (pre-ban is GTG––all must be licensed)
North Carolina..........................GTG x1
North Dakota
Northern Marianas Islands
Ohio....................................GTG
Oklahoma................................GTG, but no concealed carry - Oklahoma Statutes, Title 21 § 1290.2.2.a

Oregon
Pennsylvania............................GTG with registration?
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee...............................GTG
Texas............................................GTG 100% confirmed - treated as any other handgun
Utah
Vermont.................................GTG x1
Virginia...................................GTG X2
Virgin Islands
Washington..............................GTG x1
West Virginia...........................GTG - http://www.wvago.gov/pdf/BookletWVFirearmLaws.pdf
Wisconsin...............................GTG x1 at 99%
Wyoming

I'll 2nd this. i

Connecticut they are banned by features, unless made as a pistol and was legally manufactured prior to September 13, 1994.



Here is part of the CT ASSAULT WEAPON LAW. These pistols banned by features. Read below.

(B) A semiautomatic pistol that has an ability to accept a detachable magazine and has at least two of the following:

(i) An ammunition magazine that attaches to the pistol outside of the pistol grip;

(ii) A threaded barrel capable of accepting a barrel extender, flash suppressor, forward handgrip or silencer;

(iii) A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to hold the firearm with the nontrigger hand without being burned;

(iv) A manufactured weight of fifty ounces or more when the pistol is unloaded

Are you sure on this.. if you were to get a post-ban barrel with no threads.. and/or pin&weld a brake on pre-ban..

You can have mags up to 15 rounds on pistols in NJ.. which Midwest and RifleGear make..

I think technically you'd be ok..

MN is GTG.

I would have sworn there was something about handguns that were over or under a certain measurement in TN or maybe NC...  I know there is something there...  ill post up in the tn forum...

Massachusets is a no go, connecticut is a no go, but gtg in rhode Island

I guess there is something about a handgun being defined by TN as having barrel of less than 12"...  Still looking for something about OAL at one of those states around there.  

[/quote]

Just curious for Indiana -


Does this mean no long pistols with a VFG? If that code is being interpreted the right way?

Colorado is gtg EXCEPT Denver (Possibly falls under their AWB, but frankly the people who wrote it aren't sure what it bans. I wouldn't risk it myself.)

That definition is only applicable to 2 sections (and is so stated) that deal with possession by minors.


I'll see if I can find it.






EDIT:  Here it is:



39-17-1319.  Handgun possession prohibited –– Exceptions.



 (a) As used in this section and § 39-17-1320, unless the context otherwise requires:



  (1) "Handgun"
means a pistol, revolver, or other firearm of any description, loaded
or unloaded, from which any shot, bullet, or other missile can be
discharged, the length of the barrel of which, not including any
revolving, detachable, or magazine breech, does not exceed twelve inches
(12''); and



  (2) "Juvenile" means any person less than eighteen (18) years of age.



(b) Except as provided in this section, it is an offense for a juvenile to knowingly possess a handgun.



(c)  (1) Illegal
possession of a handgun by a juvenile is a delinquent act and, in
addition to any other disposition authorized by law, the juvenile may be
required to perform not more than one hundred (100) hours of community
service work to be specified by the judge, and the juvenile's driving
privileges shall be suspended for a period of one (1) year in accordance
with the procedure set out in title 55, chapter 10, part 7.



  (2) A
second or subsequent violation of this section is a delinquent act and,
in addition to any other disposition authorized by law, the juvenile
may be required to perform not less than one hundred (100) nor more than
two hundred (200) hours of community service work to be specified by
the judge, and the juvenile's driving privileges shall be suspended for a
period of two (2) years in accordance with the procedure set out in
title 55, chapter 10, part 7.



  (3) Any
handgun illegally possessed in violation of this section shall be
confiscated and disposed of in accordance with the provisions of §
39-17-1317.



(d)  (1) It is a defense to prosecution under this section that the juvenile is:



     (A) In attendance at a hunter's safety course or a firearms safety course;



     (B) Engaging
in practice in the use of a firearm or target shooting at an
established range authorized by the governing body of the jurisdiction
in which such range is located or any other area where the discharge of a
firearm is not prohibited;



     (C) Engaging
in an organized competition involving the use of a firearm, or
participating in or practicing for a performance by an organized group
which is exempt from federal income taxation under § 501(c)(3) of the
Internal Revenue Code of 1986 ( 26 U.S.C. § 501(c)(3)), as amended, and
which uses firearms as part of the performance;



     (D) Hunting or trapping pursuant to a valid license issued to the juvenile pursuant to title 70;



     (E) Accompanied
by the juvenile's parent or guardian and is being instructed by the
adult or guardian in the use of the handgun possessed by the juvenile;



     (F) On
real property which is under the control of an adult and has the
permission of that adult and the juvenile's parent or legal guardian to
possess a handgun;



     (G) Traveling to or from any activity described in subdivision (d)(1) with an unloaded gun; or



     (H) At
the juvenile's residence and with the permission of the juvenile's
parent or legal guardian, possesses a handgun and is justified in using
physical force or deadly force.



  (2) For purposes of subdivision (d)(1)(G), a handgun is "unloaded" if:



     (A) There is not a cartridge in the chamber of the handgun;



     (B) There is not a cartridge in the cylinder of the handgun if the handgun is a revolver; or



     (C) The
handgun, and the ammunition for the handgun, are not carried on the
person of a juvenile or are not in such close proximity to the juvenile
that the juvenile could readily gain access to the handgun and the
ammunition and load the handgun.



(e) Notwithstanding
any other provision of this part to the contrary, the provisions of
this section shall govern a juvenile who possesses a handgun.





39-17-1320. Providing handguns to juveniles –– Penalties.



 (a) It
is an offense for a person intentionally, knowingly or recklessly to
provide a handgun with or without remuneration to any person that the
person providing the handgun knows or has reason to believe is a
juvenile in violation of § 39-17-1319.



(b) It
is an offense for a parent or guardian intentionally, knowingly or
recklessly to provide a handgun to a juvenile or permit a juvenile to
possess a handgun, if the parent or guardian knows of a substantial risk
that the juvenile will use a handgun to commit a felony.



(c) Unlawfully
providing or permitting a juvenile to possess a handgun in violation of
subsection (a) is a Class A misdemeanor and in violation of subsection
(b) is a Class D felony.
 

Wa. state here and GTG.
The AR pistols are appearing to be quite popular, I have nevr shot one but I am sure it would be a "blast"
Happy New Year!

To add to that, AR, AK and any other "assault" pistol must be at least sold as single shot. Meaning with a permanently attached sled mag ( bullet button) or internal mods. After that I think you can put standard mags (10 round cap) in the weapon.

Clarified New York.  Handgun possession is illegal in New York.  You are exempt if you are a resident, have a permit and each and every handgun is registered.  NY adopted the Brady Bill into state law before it expired in 2004.  NYC is even worse - see recent headlines.



Alabama
Alaska
American Samoa
Arizona.................................GTG
Arkansas................................GTG x 1 90%
California..............................GTG with bullet button - California Penal Code § 12276.1(a)(4) , California Code of Regulations § 5469(a)

Colorado
Connecticut
Delaware
District of Columbia...............NO, assault weapons defined as: DC Official Code § 7-2501.01(3A)
Florida.................................GTG
Georgia.................................GTG x1
Guam
Hawaii..................................NO, but maybe with bullet button - Hawaii Revised Statutes § 134-1

Idaho
Illinois................................GTG x1
Indiana..............................GTG with length restriction 26" maximum length Indiana code 35-47-1
Iowa....................................GTG
Kansas
Kentucky
Louisiana...............................GTG x1 at 99%
Maine
Maryland................................OK to build but not sell
Massachusetts...........................NO, but "maybe" if owned before 1994 and you have some special paperwork

Michigan................................GTG with registration? less than 30 inches
Minnesota...............................GTG x1
Mississippi
Missouri
Montana.................................GTG x1
Nebraska
Nevada..................................GTG -
Nevada Revised Statutes 202.253-369
New Hampshire
New Jersey.....................................NG
New Mexico
New York ...................................Restricted - see expired Federal AWB of 1994 (pre-ban is GTG for Residents with permit only.  NO non-resident possession of any handguns with very, very few exceptions.  NYC? - Don't even go there!

North Carolina..........................GTG x1
North Dakota
Northern Marianas Islands
Ohio....................................GTG
Oklahoma................................GTG, but no concealed carry - Oklahoma Statutes, Title 21 § 1290.2.2.a

Oregon
Pennsylvania............................GTG with registration?
Puerto Rico
Rhode Island
South Carolina
South Dakota
Tennessee...............................GTG
Texas............................................GTG 100% confirmed - treated as any other handgun
Utah
Vermont.................................GTG x1
Virginia...................................GTG X2
Virgin Islands
Washington..............................GTG x1
West Virginia...........................GTG - http://www.wvago.gov/pdf/BookletWVFirearmLaws.pdf
Wisconsin...............................GTG x1 at 99%
Wyoming

100% correct

Oregon good to go

My friend did a write up on it. The man had a handgun carry permit and lawfully possessed the plr-16. If the PLR-16 is a lawful pistol in Tennessee why was the man under indictment for over a year? Why was he forced to sell the weapon after the charges were dropped? Anyone under indictment like that cannot buy guns, and the police confiscated the plr-16 for over a year leaving the man without a gun.

The police and court records are all on his website

http://www.kwikrnu.com/antonio_sales.htm

Added South Carolina.


Alabama
Alaska
American Samoa
Arizona.................................GTG
Arkansas................................GTG x 1 90%
California..............................GTG with bullet button - California Penal Code § 12276.1(a)(4) , California Code of Regulations § 5469(a)

Colorado
Connecticut
Delaware
District of Columbia...............NO, assault weapons defined as:  DC Official Code § 7-2501.01(3A)
Florida.................................GTG
Georgia.................................GTG x1
Guam
Hawaii..................................NO, but maybe with bullet button - Hawaii Revised Statutes § 134-1

Idaho
Illinois................................GTG x1
Indiana..............................GTG with length restriction 26" maximum length  Indiana code 35-47-1
Iowa....................................GTG
Kansas
Kentucky
Louisiana...............................GTG x1 at 99%
Maine
Maryland................................OK to build but not sell
Massachusetts...........................NO, but "maybe" if owned before 1994 and you have some special paperwork

Michigan................................GTG with registration? less than 30 inches
Minnesota...............................GTG x1
Mississippi
Missouri
Montana.................................GTG x1
Nebraska
Nevada..................................GTG -
Nevada Revised Statutes 202.253-369
New Hampshire
New Jersey.....................................NG
New Mexico
New York ...................................Restricted - see expired Federal Assault Weapons Ban of 1994 (pre-ban is GTG––all must be licensed)
North Carolina..........................GTG x1
North Dakota
Northern Marianas Islands
Ohio....................................GTG
Oklahoma................................GTG, but no concealed carry - Oklahoma Statutes, Title 21 § 1290.2.2.a

Oregon
Pennsylvania............................GTG with registration?
Puerto Rico
Rhode Island
South Carolina....................GTG, also any hand gun can be carried in your glove box or console (some AR pistols might fit) loaded without a CWP, but there is no lawful open carry here, yet.
South Dakota
Tennessee...............................GTG
Texas............................................GTG 100% confirmed - treated as any other handgun
Utah
Vermont.................................GTG x1
Virginia...................................GTG X2
Virgin Islands
Washington..............................GTG x1
West Virginia...........................GTG - http://www.wvago.gov/pdf/BookletWVFirearmLaws.pdf
Wisconsin...............................GTG x1 at 99%
Wyoming

Illinois is G2G.  Not sure about Chicago though....

Illinois  all of Cook county is No Go... (F..ning Tree Huggers)

I live in Lake county, GTO there....  Lake county borders Cook county
Most of IL outside of Chicago area is GTO


ANALYSIS OF COOK COUNTY
ASSAULT WEAPONS BAN


Effective November 14, 2006, a Cook County gun ban Ordinance criminalizes the otherwise lawful possession of many common firearms and large capacity magazines. The law provides for imprisonment up to 6 months, fines, and confiscation and destruction of the enumerated weapons. Owners of such firearms or large capacity magazines have until February 12, 2007 to either remove the affected guns and remove any large capacity magazines from Cook County or surrender them to the police for destruction.

What firearms and magazines are affected by this county wide ban? Over 60 firearms are specifically listed as being illegal, including the deer rifle popular in many Midwest states, the SKS with a detachable magazine. Popular self defense weapons like the Mossberg 500 pump, and popular target shooting semiautomatic AR-15 are also illegal. In addition, all magazines that can hold more than 10 shells are banned.

The Ordinance specifically bans any semiautomatic shotgun that has a fixed magazine with a capacity in excess of five rounds. Since shotgun shell rounds can be obtained in sizes as short as 2 inches, the ordinance can be construed to ban all common semiautomatic shotguns.

In addition to banning over 60 enumerated firearms, the Ordinance defines certain banned firearms with catch-all definitions. One such carefully worded definition bans any semiautomatic rifle that need not have, but has the ability to accept a large capacity magazine and has,

"A shroud attached to the barrel, or that partially or completely encircles the barrel, allowing the bearer to hold the firearm with the non-trigger hand without being burned, but excluding a slide that encloses the barrel,"

A standard dictionary definition of the word shroud is, “something that covers, screens, or guards.” The ordinance defines this “shroud” as something that allows the holding of the rifle in the off hand that would keep the shooter’s off hand from being burned. The Ordinance only excludes from this categorization a “slide,” a term usually applying to the top piece of a semiautomatic handgun. Missing from the exclusion is any verbiage about “the forearm assembly,” “fore-end,” or “stock”. An arguable interpretation of the word “shroud” as used in the Cook County Ordinance would include the standard forearm or stock that allows normal two handed shooting.

In determining the likelihood of Ordinance being interpreted to cover all standard semiautomatic rifles, we can look to the past history in Cook County. The current and prior States Attorneys of Cook County have previously interpreted criminal statutes in an unreasonable manner to justify charging otherwise law abiding citizens with gun possession crimes. These prior anti-gun interpretations have defied common sense and contradicted prior case law. Because the interpretations have been publicly stated to be the official interpretation, all Cook County Assistant States Attorneys are required to use them in determining what charges would be filed. One of the recent examples of the way Cook County prosecutors interpret the law unreasonably has been their failure to acknowledge that current state law allows the carrying of an unloaded gun in specially designed fanny packs. One would expect the Cook County States Attorney’s Office to continue their tradition of interpreting gun laws in a manner to include as many gun owners as possible, and therefore to start charging under the new Ordinance owners of semiautomatic firearms that could be held by two hands, which is for all practical purposes, all semiautomatic rifles.

For a listing of the enumerated firearms that are banned, and the exact wording of the ordinance, see the third Ordinance listed:
www.cookctyclerk.com/html/111406orddoc.htm

What can gun owners do? This ordinance primarly affects Cook county residents. For firearm owners living outside Cook County, the ordinance exempts from the statute the “transportation of assault weapons or large capacity magazine if such weapons are broken down and in a non-functioning state and are not immediately accessible to any person.” Such weapons may be transported while unloaded, broken down and cased in your trunk or otherwise not immediately accessible to the occupants of the vehicle. A locked case would make the weapons not immediately accessible for the owners of station wagons and SUVs.

For Cook County residents who possess the specifically listed firearms, until there is a successful court challenge to this ordinance with a published Appellate opinion, the only prudent legal option would be to relocate the banned firearms outside the geographical boundaries of Cook County. The ordinance criminalizes possession of the banned firearms inside of Cook County, not the mere ownership of the banned weapons possessed outside of Cook County.

Cook County residents who own semi-automatic shotguns and rifles that could arguably meet the generic ordinance definition of a banned assault weapon face a dilemma of uncertainty. Until there is a test case taken up on appeal, those residents may be subject to arrest, conviction and have their weapons confiscated and destroyed. A full criminal defense would cost $10,000 on up with no guarantee of winning the case on appeal. Until the Cook County States Attorney publicly states that under no circumstances will the new ordinance be enforced against owners of ordinary shotguns which could be loaded by more than 5 two-inch long shells, or against owners of long guns with ordinary forearms and stock, those firearm owners would be prudent to also relocate those possibly banned firearms.

There are undoubtedly some Cook County residents who, because of their honestly held beliefs, are willing to knowingly incur the risks of convictions, incarceration, and confiscation of their firearms for violating the Cook County gun ban. Those residents should refrain from engaging in activities that would bring those firearms to the knowledge of their local law enforcement officials. On some isolated occasions the Chicago police proactively sought out otherwise law abiding owners of handguns for the simple purposes of confiscation. However, the vast majority of the over 10,000 firearms that are seized by the police each year in Cook county, are seized by chance . Police seize many firearms as a result of searches of cars stopped for traffic violations, searches of homes and business as a result of responding to calls of crimes, domestic arguments, search warrants for drugs, and other ordinary police caretaking functions.

Often, police routinely ask for consent to search to satisfy their investigations. Owners of the affected firearms should be aware that they have a Constitutional right to decline to consent to a search of either their cars, homes or businesses. Owners of the affected firearms should likewise absolutely refrain from activities that would bring them into contact with the police. The mere absence of more interactions between the police and citizens have historically resulted in the majority of potential gun violations not ending up as confiscations or arrests. For instance, to date, not a single test case has been made in Cook County concerning the fanny pack exception to the state law that allows the transportation of unloaded firearms with detached loaded magazines in a case designed to transport a firearm.

The new Cook County gun ban can affect tens of thousands of otherwise law abiding citizens. This imprudent law has forced gun owners to make tough decisions that the Courts will take years to ponder. Gun owners should individually read the ordinance, and contact the 17 Cook County Commissioners. But unless and until the ordinance is repealed or struck down, owners of the affected firearms should follow the law as best they can.



Also read ISRA Executive Director Richard Pearson's Report on the Cook County AWB.  

Washington State - WA

RCW 9.41.190
Unlawful firearms — Exceptions.


(1) It is unlawful for any person to manufacture, own, buy, sell, loan, furnish, transport, or have in possession or under control, any machine gun, short-barreled shotgun, or short-barreled rifle; or any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle; or to assemble or repair any machine gun, short-barreled shotgun, or short-barreled rifle.

    (2) This section shall not apply to:

    (a) Any peace officer in the discharge of official duty or traveling to or from official duty, or to any officer or member of the armed forces of the United States or the state of Washington in the discharge of official duty or traveling to or from official duty; or

    (b) A person, including an employee of such person if the employee has undergone fingerprinting and a background check, who or which is exempt from or licensed under federal law, and engaged in the production, manufacture, repair, or testing of machine guns, short-barreled shotguns, or short-barreled rifles:

    (i) To be used or purchased by the armed forces of the United States;

    (ii) To be used or purchased by federal, state, county, or municipal law enforcement agencies; or

    (iii) For exportation in compliance with all applicable federal laws and regulations.

    (3) It shall be an affirmative defense to a prosecution brought under this section that the machine gun, short-barreled shotgun, or short-barreled rifle was acquired prior to July 1, 1994, and is possessed in compliance with federal law.

    (4) Any person violating this section is guilty of a class C felony.

[1994 sp.s. c 7 § 420; 1982 1st ex.s. c 47 § 2; 1933 c 64 § 1; RRS § 2518-1.]



http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.190

Not sure any of that would apply to an AR pistol, per ATF they are considered to be a pistol and are treated accordingly.  

Indiana Code 35-47-1 is quoted below. I do not see that there is a "restriction" of an overall length of less than (26) inches. I do see the code says "(1) designed or adapted so as to be aimed and fired from one (1) hand, regardless of barrel length; or ... <snip> "an overall length of less than (26) inches.

Unless I am misinterpreting the code below, I do not read that as a restriction?

Vugger, I don't read the IN code cited above to be a restriction at all. You are correct. Indiana has merely defined "handgun" in IC 35-47-1-6 so that people who read the remaining chapters in Article 47 know what a "handgun" is for regulation purposes.

For example, Chapter 2 (IC 35-47-2) concerns licensing to carry a concealed handgun (http://www.in.gov/legislative/ic/code/title35/ar47/ch2.html). Chapter 2.5 (IC 35-47-2.5) concerns the sale of handguns (http://www.in.gov/legislative/ic/code/title35/ar47/ch2.5.html). A definition of "handgun" must be provided so that police and the courts know how to enforce and adjudicate the law. In addition, citizens must be provided notice regarding which conduct brings them within the machinery of the law. A definition of such a central term ("handgun") is therefore required.

Indiana defines "handgun" three ways per IC 35-47-1-6:
1) Any firearm designed or adapted so as to be aimed and fired from one hand regardless of barrel length or
2) Any other firearm with a barrel less than sixteen inches or
3) [Any other firearm with] an overall length of less than twenty-six inches.

Side note: Indiana does not define an SBR, so it is safe to presume the federal definition listed in 18 U.S.C. 921 (Gun Control Act) and the regulations in 26 U.S.C. 53 (National Firearms Act) apply. This presumption is safe because federal law preempts state rule concerning firearms. Indiana does define an SBS at IC 35-47-1-10 and prohibits them at IC 35-47-5-4.1. I mention these in case anyone attempts to argue that an SBR or SBS falls into the definition of "handgun" above.

What this means for AR pistols in Indiana:

1) AR pistols with a barrel less than 16" are considered handguns.
2) AR pistols with an overall length of less than 26" are considered handguns.
3) AR pistols with a barrel less than 16" but with an overall length of 26" or greater are still considered handguns.
4) AR pistols with a barrel 16” or greater AND with an overall length of 26” or greater are not handguns.

Therefore, the same regulations that apply to your S&W .357 Magnum revolver apply to your AR pistol in Indiana, which is to say for our purposes that no restrictions on AR pistols exist in Indiana.

100% GTG in Colorado (hell, I am selling one, I should know!)

Corrected Indiana
Added Colorado
Tweaked Illinois
Added Alabama

Excellent information! Thank you

Any Concealed firearm in SC must be under 12".  But I don't think that has anything to do w/ ownership/possession

Originally Posted By MitchbSC:
South Carolina Law Enforcement Division SLED gun laws link

SECTION 23-31-210. Definitions.

"(6) “Concealable weapon” means a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self defense, defense of others, and the protection of real or personal property. "

Just to clarify the CT AR15 Pistol ban.  Yes most of the AR pistols out there are illegal in CT.  But I just picked up a Bushmaster carbon 15 AR pistol.  It has a quick disconnect removalble muzzle break so the barrel is not threaded, it is under 50oz. empty and does not have the barrel shroud (exposed stainless steel barrel).  Another possible candidate AR pistol for purchase is the PLR16. But in order for  that to happen, a few things has to happen first.  You need to find a dealer with out of state connections.  Your Ct dealer has to find an out of state dealer that is licensed to do modifications to firearms.  He needs to trim the weight of the PLR16 so that it falls under the 50oz weight limit.  He can then ship it to your Ct dealer, then transfer it to you.  Also, I'm pretty sure that if you owned an OA-93 prior to the assault ban then you are legal but needed to be registered prior to that.  In other words, you cannot get it now if you're were not grandfathered in.

BTW, I'm looking for a Bushmaster threaded adaptor for the carbon 15 pistol (part# AZ15133) if anyone out there knows of someone that has one for sale.  Bushmaster does not make them anymore.

Correction from page 1: there is NO registration in the great State of Pennsylvania, just a separate record of sale for pistols sent to the State Police when transferred. Pistols do NOT need to be registered in PA. If one purchased a lower receiver, it wouldn't classify as a pistol and therefore would not have that extra form written up. If purchased as a complete pistol, then it would.
Either way, again, its just a record of sale, not registration. AR pistols are 100% legal.

Added South Carolina - rightwingnut
Added Connecticut - st883, read the first clause of the CT definition of "assault weapon" and make sure your firearms are not encompassed.
Tweaked Pennsylvania - masakari

Silverlamp, your edit to the Pennsylvania line still seems to covey the wrong information regarding AR pistols and PA law.
Why are your cites from an anti-gun source?
Your anti-gun source has done its own editing to present PA law as it wants the statutes to be seen,  favorable, to restricting both gun ownership and the right to keep and bear arms.
Masakari had it correct,  editing his remarks infers differently.

We have needed Masakari's correction to the Pennsylvania listing since August 28, when, apparently, someone was given some poor advice.
AR15 Pistols are not treated any differently in PA law from any other handgun, if, the AR-15 components are in pistol form.
If the lower receiver is not a handgun and never has been a handgun at time of a transfer, a submission to the PSP handgun transfer database is not required.
If no transfer takes place, no documentation, or, "registration" is required,  this would be the case when the pistol was built from scratch or an 80% lower.
SilverLamp:
Perhaps, you could change your anti-gun sourced cite to something similar to:
AR15 Pistols are not treated any differently in PA law from any other handgun

Klyde,

1) GTG means "good to go," as in there are no restrictions on AR pistols.

2) Masakari's wording, which he felt significant enough to comment on in this thread, was preserved nearly identically as it is in the statute. It is the statute that controls here; not a member's construction of the statute. Please read the statute (here: http://law.onecle.com/pennsylvania/crimes-and-offenses/00.061.011.000.html). Personally, I don't feel the wording from 18 Pa. Consol. Stat. 6111(b)(1) is significant enough to be put in this thread, but if Masakari felt that he wanted to add that point of clarification, then I'm not going to disrespect him by not including it. However, what I will do, and did, when I help out the thread is cite the correct statute for others to read it themselves. This ensures that we don't have people in here just running their mouths about legal matters of which then know very little. Because I do agree with you that the language from 18 Pa. Consol. Stat. 6111(b)(1) is unnecessary for this thread, I'm just going to edit it out completely.

3) Two primary reasons why I used LCAV:
a) I challenge you to find in a criminal code wording to the effect that "X behavior is not illegal" when it is not presented as an exception to a rule. Criminal codes are meant to give notice of what conduct is illegal. As such, you will not find statutes that state "it is not illegal to own an AR-15 pistol." If you do, you reside in a very interesting state. Because of the difficulty of essentially proving a negative (determining that X conduct is not illegal), it is good to find knowledgeable sources who oppose the conduct you seek to engage in. Because such sources seek to prove a point in their favor based on the the fact that conduct which is actually in our favor is not illegal (where sources like LCAV argue it should be), they will be a good starting point for determining the extent of your rights in PA. Essentially, LCAV has a vested interest in construing the laws of PA narrowly. Does this look like a narrow construction to you?
"However, Pennsylvania does not:

Prohibit the transfer or possession of assault weapons, 50 caliber rifles or large capacity ammunition magazines;

Require firearm owners to obtain a license;

Require the registration of firearms;

Limit the number of firearms that may be purchased at one time;

Impose a waiting period on firearm purchases;

Regulate unsafe handguns;

Regulate ammunition sales;

Allow local governments to regulate firearms or ammunition; or

Provide local law enforcement with discretion to deny a license to carry firearms."

These all look like good things to me. Because LCAV has an interest in abolishing these kinds of rights, their legal research is a very good starting point when their conclusions are favorable to 2A rights.

b) LCAV is composed of lawyers. The law is what we're discussing. I'll take the legal conclusion of a careful adversary with a vested interest in changing the conclusion any day over a non-lawyer 2A rights supporter. I'm interested in determining what the law actually is. I'm not interested in spin for our side or the anti-2A side.

4) I'll change the cites to the NRA-ILA in case anyone else has issues with the logic behind citing to an anti-2A legal group. Two things I don't like about the NRA-ILA citations are that they haven't been updated since 2010 and they do not further cite to state statutes. Because I have unfettered access to the two largest legal research databases available, I'll try to supplement where possible though.

Tweaked South Carolina
Tweaked Pennsylvania

You're wrong, actually.

You only looked within 39-17-13__.  You forgot to search the rest of the TCA.

TCA 39-11-106 says:



Since Title 39 is the Criminal Offenses Title, and 39-17-13__ falls under it, this means ANYTIME the term handgun is used within TCA39-17-13__, it is defined as "any firearm with a barrel length of less than twelve inches (12'') that is designed, made or adapted to be fired with one (1) hand."

Therefore, AR pistols are legal within Tennessee only so long as they have a barrel less than 12" in length.

SiVisPacem,

iNeXile556 was right. "Handgun" was defined in T.C. § 39-11-106 because the other statutes regulating the possession of handguns needed an operable definition of the word. AR-15 pistols with barrel lengths less than 12 inches are considered "handguns" within the statute and regulated as such. AR-15 pistols with barrel lengths greater than 12 inches are not regulated as "handguns" in any of the applicable statutes where handgun possession is regulated. Merely because an AR-15 pistol with a 12 inch or greater barrel is not considered a "handgun" does not mean it is prohibited in Tennessee. This is an inference you incorrectly drew.

So, what is an AR-15 pistol with a barrel length 12 inches or greater? It is merely a firearm. A "'firearm' means any weapon designed, made or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use." T.C. § 39-11-106(11). As such, an AR-15 pistol as a "firearm" is regulated as any other "firearm" is in Tennessee.

You should also note that the statutory construction doctrine of expressio unius est exclusio alterius cautions interpreters of statutes that the express mention of certain items excludes those not listed. Therefore, you should read T.C. § 39-17-1302 (“Prohibited Weapons”) as not prohibiting AR-15's or any of its variants, including AR-15 pistols, because the expression of certain prohibited items excludes those not listed.

As a side note, one area of TN law that is tripping me up slightly is the definition of "short barrel:" "'Short barrel' means a barrel length of less than sixteen inches (16″) for a rifle and eighteen inches (18″) for a shotgun, or an overall firearm length of less than twenty-six inches (26″)." T.C. § 39-17-1301(15). I initially read the underlined clause to be independent of the preceding clause, but the more research into the TN Code and case law I did the more I came to the conclusion that the OAL restriction is only for rifles and shotguns. That is, if your rifle or shotgun has a barrel 16 and 18 inches or greater in length (respectively), but an overall length of less than 26 inches, then it is still considered a short-barrel rifle or shotgun.  

Here are my reasons:
1) Short-barreled rifles and shotguns are prohibited without N.F.A. clearance at T.C. § 39-17-1302(4). However, nowhere in the statutes is there a prohibition on firearms in general with an overall length of less than 26 inches.
2) No case law exists stating that any firearm with an overall length of less than 26 inches is prohibited.  
3) No case law exists for a case that has deal with the definition of "short barrel."
4) No case law exists to determine what the clause "or an overall length of less than 26 inches" means in relation to T.C. 39-17-1301(15) as a whole.

Do you know what that means in Tennessee?  It means an AR pistol can not be carried loaded, with a round in the chamber, as TN issues a HANDGUN Carry Permit, not a Firearms Carry Permit.  So, if it's not a handgun, but a firearm, it can't be carried with a TN HCP.  A person with a TN HCP can have one in there vehicle with a loaded magazine in the weapon, so long as their is no round in the chamber, though.

So, if a Tennessean wants to carry an AR pistol under their HCP (or, a visitor to the State decides to do so), they must have a barrel less than 12" on their AR pistol.  If their AR pistol's barrel exceeds 12", it fails to meet the definition of handgun and can not be carried by a permitee in TN.

Oh, and the 16"/18" bbl vs. 26" OAL restriction is simply a copy of NFA 34.  There is plenty of evidence there that even if your barrel exceeds the minimum, but your OAL does not, your weapon is still considered a short-barrel rifle / shotgun, as appropriate.

SiVisPacem,

1) AR-15 pistol with a barrel length less than 12 inches is a "handgun" and regulated as such. T.C. § 39-11-106. It can therefore be carried and regulated under the HCP statute.

2) AR-15 pistol with a barrel length 12 inches or greater is a "firearm," is therefore not considered concealable, and is not regulated by T.C. § 39-11-106, although it is regulated as any other firearm, such as a rifle or shotgun.

3) Your conclusion above in response to iNeXile556 was that "AR pistols are legal within Tennessee only so long as they have a barrel less than 12" in length." This is not true, as I've demonstrated. AR-15 pistols with any barrel length are legal within TN. AR-15 pistols with a barrel length less than 12 inches are considered "handguns" and are regulated as such.

4) An AR-15 pistol is not a rifle and it is not a shotgun, so 26 U.S.C. 5845(a)(2) and 5845(a)(4) of the NFA do not apply. I'm not sure what "NFA 34" is either. Can you give a full citation or link? I'm skeptical that plenty of evidence exists to support your contention that an OAL of less than 26 inches for an AR pistol is no-go. As of right now, I haven't found anything to suggest that is true. Please provide a link or statute citation to support this for the group. Thanks.

You really can't figure out that NFA 34 refers to The National Firearms Act of 1934?  You know, the National Firearms Act that was passed into law in 1934, hence NFA 34.  It shouldn't be that difficult to grasp.  I'll tell you what, Google NFA and see what you get for results.  Then, Google NFA 34 and see what you get.  I'll give you a hint, Googling NFA, and NFA only, does not result in the first hit being the National Firearms Act (it's actually the fifth), whereas Googling NFA 34 does result in such an instance.

As for the discussion about the legailty of carrying an AR pistol in Tennessee, I have to ask, what is your base of knowledge in TN handgun law?  LexisNexis?  Mine stems from being a TN Department of Safety-certified handgun carry permit instructor for the past 6+ years.  You remember the case mentioned earlier in this thread about the HCP holder arressted for carrying a Kel-Tec PLR-16 pistol and charged with possessing a prohibited weapon?  At one point, I was asked by the defendant in that case to testify on his behalf about the legal classification of a PLR-16 as a pistol.  I declined, though, because he wouldn't take good advice and hire an attorney to represent him.  Had he done so, he'd have probably fared better than he did.  I have no doubt that there are prosecutors in TN who would be more than willing to charge someone for possessing a prohibited weapon for possessing an AR pistol with a barrel longer than 12 inches.  I also have little doubt that there are many folks who can't, or won't, hire an attorney to properly represent them, dooming themselves to failure.

The fact is, the only places in Tennessee law where any definition of a handgun are given all mention barrels being less than, or not exceeding, 12 inches.  All it would take is a DA with an anti-gun agenda to get a jury of fudds or anti-gun folks (which do exist in surprising numbers in TN) and he could very likely get an easy conviction of someone caught carrying an AR pistol with a 12.5", or longer, barrel.

1) It is the speaker's responsibility to ensure that his communication is clear. Throwing in a reference to "NFA 34" is highly ambiguous, unclear, and sloppy. Why would you be referring to the National Firearms Act of 1934? You do realize the NFA has been amended multiple times over the years, right? That chunk of federal law known as the Gun Control Act (18 U.S.C. 44) significantly amended the NFA, but I doubt when you say "NFA 34" you are referring to the NFA before 1968. Simply put, if you mean the NFA, as amended, state as much. Or, better yet, be precise with your communication and give the actual citation: 26 U.S.C. 53, followed by the correct subsection information.

2) The Antonio Sales case is interesting only for the fact that the court order required him to sell his pistol. The police wrongly charged him with possession of an SBR and the court acknowledged as much when it required the police department to return his firearm. http://www.kwikrnu.com/antonio%20sales/order%203-4-11%20pg%201.jpg.

3) I've worked with multiple police officers and one thing is for sure: Not all police officers know their firearms laws. You are an HCP permit instructor. Are you an attorney? I attend a very good law school. If everyone can point to a skill they perform very well, legal research and writing are two things I do quite well. I have access to Lexis and Lexis Advance and I use Shepard's for checking to see if something is still good law, but I've found WestlawNext to be the best tool for me.

4) Police officers, prosecuting attorneys, and judges cannot create crimes out of thin air. The day of common law crimes is long gone. If conduct is not prohibited by statute, it is not prohibited. The Antonio Sales case is a perfect example of the judicial system working fairly correctly. Police screwed up and went overboard with their understanding of firearms law. The judiciary corrected the problem and forced the police department to return Mr. Sales's firearm (although the deal requiring Sales to sell the firearm seems like a terrible example of plea-bargaining away too much to me).

5) Basically, you haven't provided a single statute, a reasonable interpretation of a statute, or any case law to support your contention that an AR pistol with a barrel 12 inches or greater is illegal in TN. You merely stating that you think a "DA with an anti-gun agenda" could maliciously prosecute someone under some law (which you have not cited to) is simply unsatisfactory in my opinion to change the "GTG" classification in the state breakdown above.