Quote History Quoted:
18 USC § 921(a)(8)
Short-Barreled Rifle
(8) The term “short-barreled rifle” means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches.
This is how I understand it, those with far more NFA experience than myself feel free to correct/roast me.
If you were to take a title 1 rifle, and 'make' a new configuration from it that has a bbl less than 16" or an overall length of less than 26" it is an SBR because it was made from a rifle which means it was orginally and therefore will always be 'designed to be fired from the shoulder' because 'once a rifle always a rifle'. These seperately do both make an SBR however the features are not mutually exclusive and both could apply simultaneously. The AOW category exists for things that do not fit the definitions of 'rifle' 'shotgun' 'pistol'.
Where things change, is if OP is starting a build from scratch. If with a virgin title 1 'firearm' (lower), OP 'makes' it in a configuration with a barrel less than 16" and an OAL less than 26", and never puts a stock on it then OP has a neither an SBR nor AOW but infact a title 1 'pistol' because it was never designed or redesigned to be fired from the shoulder. Where the 26"/AOW classification would come into play is if for example OP took his new 'pistol' with an OAL less than 26" and added a VFG, he has now 'redesigned' it to be fired with two hands so it isn't a pistol anymore, but it's still not and never has been designed to be fired from the shoulder so it's not a 'rifle' either short or otherwise, which brings us neatly to AOW. Not a rifle, not a pistol, not a shotgun.
Further, if OP's new 'pistol' was 'made' in a configuration of say a bbl less than 16" but with an OAL of greater than 26", it is no longered considered 'concealable' and if he added a VFG to that he would have a 'long ass pistol with a VFG', which is no different legally than any other title 1 'pistol', except it's long as shit and has a VFG.
(ATF 'interpretation' of AR pistol criteria/points/feelings notwithstanding because it isn't codified law supported by statute, it's bullshit)
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Thanks for your response.
Virgin lower build.
Will put on a 10.3” barrel.
Once approved, will have a Magpul stock.
OAL length with the stock extended will be 29”
Not sure if I will have a VFG or AFG.
Also possible I sometimes use an SBA4 pistol brace just cause I have one (I don’t know if it can be called a pistol brace anymore once August gets here)
OAL then is less that 26”
Those specs would be an SBR either way, correct?
It was always clear to me that barrel length or OAL to determine if it was an NFA item. Your answer helped a lot with that.
What wasn’t clear to me was once it is classified as an SBR, do those configurations change anything or get me in trouble?
I’m curious because I will probably play with some changes to see what I like the best, since I can’t build it yet to try it out before getting approval.
OAL more or less than 26”
VFG vs AFG
Stock vs what was formerly called a pistol brace, which should really be a stock too going forward I would think.