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Posted: 5/9/2015 9:54:30 PM EDT
Here is the deal, I want to get into the SBR gig.  I plan on putting together a little at a time, so figured I would build it as a pistol first and then after I get my tax stamp, I'll add the stock.

I want an 11.5 inch barrel, so my question is; what's the max length for it to be considered a pistol?  26 inches comes to mind, but I'm not sure if that is correct
Link Posted: 5/9/2015 10:30:37 PM EDT
[#1]
Yes. 26" at its shortest configuration. (Stock collapsed.)
With a regular buffer I think 11.5 will be too long.   I believe 10.5  is pretty much  the max you can get away with with a regular buffer.
Link Posted: 5/9/2015 10:32:13 PM EDT
[#2]
Ok
Thanks

Looks like I need to get my tax stamp sooner rather than later
Link Posted: 5/10/2015 3:23:08 PM EDT
[#3]
My 10.5 measures out around 25.15/16"" with an STD on the muzzle,around 25.5/8" without Muzzle device.Measured with a Ben Franklin wooden yardstick
My pistol tube measures the same as a standard 6 hole carbine tube

Link Posted: 5/10/2015 4:15:52 PM EDT
[#4]

Discussion ForumsJump to Quoted PostQuote History
Quoted:


Yes. 26" at its shortest configuration. (Stock collapsed.)

With a regular buffer I think 11.5 will be too long.   I believe 10.5  is pretty much  the max you can get away with with a regular buffer.
View Quote




 
Yes, with a normal buffer tube, it's about 30 inches completely collapsed.
Link Posted: 5/11/2015 9:47:42 AM EDT
[#5]
Thank you for the information guys
Link Posted: 5/12/2015 8:40:21 AM EDT
[#6]
I don't believe there is a maximum length for a pistol.  If you put together an AR pistol lower, you can put any upper on it you want, it's still a pistol as long as it is registered in MI as such.  

The 26" thing is the minimum length a rifle can be without requiring NFA paperwork.
Link Posted: 5/12/2015 10:38:43 AM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I don't believe there is a maximum length for a pistol.  If you put together an AR pistol lower, you can put any upper on it you want, it's still a pistol as long as it is registered in MI as such.  

The 26" thing is the minimum length a rifle can be without requiring NFA paperwork.
View Quote

Why not just read the M.C.L.

http://www.legislature.mi.gov/(S(kbrjznbo3hqvwtdaah40afnh))/mileg.aspx?page=GetObject&objectname=mcl-28-421

(f) "Pistol" means a loaded or unloaded firearm that is 26 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals it as a firearm.
Link Posted: 5/13/2015 8:37:00 AM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

Why not just read the M.C.L.

MCL 28.421

(f) "Pistol" means a loaded or unloaded firearm that is 26 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals it as a firearm.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I don't believe there is a maximum length for a pistol.  If you put together an AR pistol lower, you can put any upper on it you want, it's still a pistol as long as it is registered in MI as such.  

The 26" thing is the minimum length a rifle can be without requiring NFA paperwork.

Why not just read the M.C.L.

MCL 28.421

(f) "Pistol" means a loaded or unloaded firearm that is 26 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals it as a firearm.

Yes, however, the MCL is not all encompassing. There is a gap in MCL 750.222:
(b) "Firearm" means a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air. [BB gun section removed]

(f) "Pistol" means a loaded or unloaded firearm that is 26 inches or less in length, or a loaded or unloaded firearm that by its construction and appearance conceals it as a firearm.

(j) "Rifle" means a firearm designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

Reading the definitions, you'll see that a pistol must be 26" or less in OAL. However, a rifle must be intended to be fired from the shoulder. Therefore, it's possible that you can make an AR pistol that does not have a buttstock, and therefore not a rifle, but is over 26" OAL, and therefore not a pistol. Based on our current laws, that AR pistol would fall under the firearm category only. It is my understanding that while not truly legally defined as a rifle due to no buttstock, it would not be subject to the laws regarding pistols.

Also, our legislature has never defined OAL measurement in the laws. It is typically regarded as being measured in the collapsed configuration. I wish they would add that in the definition subsections of the MCL.
Link Posted: 5/13/2015 8:49:49 AM EDT
[#9]
I'm pretty sure there's some grey area.

I have a Sig P556 that I bought at Jays as a pistol.  Sig lists the OAL as 28.25".
Link Posted: 5/13/2015 8:55:11 AM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I'm pretty sure there's some grey area.

I have a Sig P556 that I bought at Jays as a pistol.  Sig lists the OAL as 28.25".
View Quote

When did you buy it? The OAL to be considered a pistol used to be 30". It changed in 2013(?).
Link Posted: 5/13/2015 4:19:52 PM EDT
[#11]
If you're so inclined you can cal the MSP at 517-332-2521 and ask to speak to the Firearms Branch.  

A previous post of mine on this subject:
http://www.ar15.com/archive/topic.html?b=8&f=39&t=564401
bikedamon  [Member]
8/22/2014 10:43:28 AM EDT
I called the Michigan State Police Firearms Branch today and asked about this.

I stated that I had a stripped lower purchased as an "other" which I intended to assemble as a pistol with no stock, and that I was about to buy a 10.5 inch barrel that could possibly take the overall length to around 27 inches.

After explaining that, my exact question was "What do I have to do here, since the barrel is less than 16 inches, but the overall length is greater than 26 inches? It isn't a pistol according to Michigan, but it isn't an SBR according to the Feds."

She stated "You don't have to do anything if you're overall length is greater than 26 inches. We would consider it a long arm."

I replied "Are you sure? My concern is that the barrel is less than 16 inches and I don't want to get into trouble." (I probably could have left it at her first answer, but my goal here was to get some clarity.)

She replied "We're only concerned with the overall length."

So, not exactly a law written in stone or anything that could be referenced in a legal defense, but it is one more thing to take into account.
The fact she stated "We would consider it a long arm." instead of referring to it as a firearm to me feels like a gap, since "long arm" is so well defined in Michigan.
In the end I'll probably try to ensure I have a muzzle device that keeps the whole package under 26" anyway, then register it as a pistol. If I later add a muzzle device that takes it over 26" I'll just treat it as a rifle (No concealed carry, and transport it unloaded) with the hopes that it being in the system as a pistol would give me some added protection if an LEO ever questioned it.  

I called the MSP at 517-332-2521 and asked to speak to the Firearms Branch. The woman I spoke with was named Nicole, who was polite and helpful.
Link Posted: 5/13/2015 8:03:56 PM EDT
[#12]
My 10.5 is just barely 26 1/4".Thats with a magpul ACS stock.
Link Posted: 5/14/2015 10:15:26 AM EDT
[#13]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

When did you buy it? The OAL to be considered a pistol used to be 30". It changed in 2013(?).
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
I'm pretty sure there's some grey area.

I have a Sig P556 that I bought at Jays as a pistol.  Sig lists the OAL as 28.25".

When did you buy it? The OAL to be considered a pistol used to be 30". It changed in 2013(?).



9/28/13.

IIRC, this was after the changes, but I'm not positive.
Link Posted: 5/14/2015 10:18:31 AM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
If you're so inclined you can cal the MSP at 517-332-2521 and ask to speak to the Firearms Branch.  

A previous post of mine on this subject:
http://www.ar15.com/archive/topic.html?b=8&f=39&t=564401
bikedamon  [Member]
8/22/2014 10:43:28 AM EDT
I called the Michigan State Police Firearms Branch today and asked about this.

I stated that I had a stripped lower purchased as an "other" which I intended to assemble as a pistol with no stock, and that I was about to buy a 10.5 inch barrel that could possibly take the overall length to around 27 inches.

After explaining that, my exact question was "What do I have to do here, since the barrel is less than 16 inches, but the overall length is greater than 26 inches? It isn't a pistol according to Michigan, but it isn't an SBR according to the Feds."

She stated "You don't have to do anything if you're overall length is greater than 26 inches. We would consider it a long arm."

I replied "Are you sure? My concern is that the barrel is less than 16 inches and I don't want to get into trouble." (I probably could have left it at her first answer, but my goal here was to get some clarity.)

She replied "We're only concerned with the overall length."

So, not exactly a law written in stone or anything that could be referenced in a legal defense, but it is one more thing to take into account.
The fact she stated "We would consider it a long arm." instead of referring to it as a firearm to me feels like a gap, since "long arm" is so well defined in Michigan.
In the end I'll probably try to ensure I have a muzzle device that keeps the whole package under 26" anyway, then register it as a pistol. If I later add a muzzle device that takes it over 26" I'll just treat it as a rifle (No concealed carry, and transport it unloaded) with the hopes that it being in the system as a pistol would give me some added protection if an LEO ever questioned it.  

I called the MSP at 517-332-2521 and asked to speak to the Firearms Branch. The woman I spoke with was named Nicole, who was polite and helpful.
View Quote




Interesting.


I don't carry very many registrations, but the 1 for my P556 stays in my wallet.
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