I want to pick up a B&T USW for concealed carry purposes but I would also like to SBR it and throw the stock on when I go to the range, my question is as follows:

Is it legal to carry a registered SBR concealed if it is in a pistol configuration?

Thanks

SBR configuration


Pistol configuration

If it's in a Pistol configuration, it's NOT an SBR.
Your approved Form 1 allows you to turn the Pistol into an SBR, anytime you want.
It doesn't prevent you from also returning it to a Title 1 firearm.

This topic has been debated to death.

No matter which side of the fence you are on, it's not a good idea to give the other side any ammo to use against you in a defensive shooting situation.

On paper it wouldn't matter if you defended yourself with deadly force using a baseball bat, a gun, or a tank; the reality, however, is that it may be used against you if the government sees fit.

So even if the firearm has been form 1'd as long as I don't have it in the SBR configuration its okay to conceal carry it?

You really need to look into your state law on this. In Arizona the permit is for weapons, so I believe here I can conceal anything.  That may have changed when we passed Constitutional carry though.  I haven't bothered discerning that, since I don't conceal anything exotic.

That host would go great with my Omega 9k, I must avert my eyes to temptation.

Whether it is "okay to conceal carry it" is up to your state laws.

Concealed carry is allowed with a permit in Florida, which I have.

I just want to make sure that carrying a firearm that has been form 1'd as an SBR in a non SBR configuration is legal in the ATFs eyes. In terms of my local laws I will ask around at LGS down here.

Federal laws do not address concealed carry.

The LGS is the last place you should seek legal advice.

790.06 License to carry concealed weapon or firearm.—
(1) The Department of Agriculture and Consumer Services is authorized to issue licenses to carry concealed weapons or concealed firearms to persons qualified as provided in this section. Each such license must bear a color photograph of the licensee. For the purposes of this section, concealed weapons or concealed firearms are defined as a handgun, electronic weapon or device, tear gas gun, knife, or billie, but the term does not include a machine gun as defined in s. 790.001(9). Such licenses shall be valid throughout the state for a period of 7 years from the date of issuance. Any person in compliance with the terms of such license may carry a concealed weapon or concealed firearm notwithstanding the provisions of s. 790.01.

790.01 Unlicensed carrying of concealed weapons or concealed firearms.—
(2) Except as provided in subsection (3), a person who is not licensed under s. 790.06 and who carries a concealed firearm on or about his or her person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

Agreed. Local gun stores are absolutely horrible for legal advice.

It appears your florida carry permit is for handguns only. Find out what state laws are regarding the carrying of a rifle concealed or open. Where I am I can open carry an SBR in my car without a carry permit, as there are no restrictions on rifles only handguns.

I would never go based solely on what someone at an LGS has to say, before I would do anything I would speak to a lawyer.

In terms of the permit only applying to handguns, I understand that but what I am curious about is if an SBR is considered an SBR regardless of its configuration simply because it has been registered as one.

By posting the statutes, I was hoping to avoid the whole " I am not a lawyer" thing.

If you look at 790.06 you will see that the statute specifies the firearm that is allowed by that statute -  a handgun.

But, if you look at 790.01 which was enacted subsequent to 790.06 you will see that to be charged with a violation of 790.01 you must NOT be licenced under 790.06.

Some will say, that as long as you are licenced IAW 790.06 you can not be charged with a violation of 790.01 no matter what type of firearm you are carrying.

IANAL so you will have to hire an attorney or simply interpret the statutes for yourself.

Personally, I have enough guns that I don't have to worry about the situation you ask about, but I also have a Glock 23 that is SBRed (see mini roni) and would not hesitate to carry it as a handgun IAW my license issued per 790.06, if the need arose.

You are asking a question that no one here can answer because there is no case law.  Do what you think is right.

Also see 790.25(5) to see if you think it is OK to carry an SBR in your private conveyance.

I'm not going to post anymore based upon your hypothetical.  If you have a specific follow up question, I will try to address it, if it is not a hypothetical.

For your reading pleasure...

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0790/0790ContentsIndex.html&StatuteYear=2017&Title=-%3E2017-%3EChapter%20790

Thank you for the input, I appreciate it.

You are welcome.  I hope I was able to help.

Depends on your state laws.

My state says it's a pistol and you can conceal carry it with the stock.  You can also conceal carry a shortened m240 belt fed mg too if you felt like it or an XM556 Micro Minigun

I never thought of that, so when my form 1 comes back, do I need a pistol permit for my SBR? (For those that dont know I'm only talking about MI law and our fucktarded pistol permit registration.)

It depends

If your SBR is under 26" (or something like that) then it meets the MI state definition of a pistol and you need to fill out the form.

Ask in the MI hometown forum and you'll get clarification.

I looked into it at one point when bringing my SBRs up, but as a non-resident I didn't have to screw with it so all the specific details are fuzzy.

In Michigan, if it's under 26" in it's shortest operable configuration (stocks retracted/folded, etc), then it's considered a pistol and a RI060 has to be filed).   Shortest operating configuration even means that the law folder, which still allows for one shot to be fired folded, counts.  Underfolder AK's usually falls under 26" too.

I knew all of that, including the bit about underfolders, it just never occurred to me it included SBRs. Guess I'll be making a trip to the cop shop.

Some states have Concealed Handgun Laws.
Some states have Concealed Firearm Laws.
Some states have Concealed Weapon Laws.

What is yours? How does your "configured as a pistol" fit into that?

OP, forget the confusing stuff said by people in states other than yours. Figure out what YOUR State laws are for YOUR Carry Permit/License.

Gun configured as a pistol, then you follow whatever laws apply to a pistol.

Yup, SBR, SBS, AOW, MG's, etc.... under 26" shortest config... pistol in Michigan.

https://www.ar15.com/forums/general/-/5-889139/?page=1

It has always been my understanding that the ATF position has always been once a rifle always a rifle. Adding a 16 inch barrrel would make the rifle no longer subject NFA regulations, but still a rifle.

So it is my understanding Removing the stock would not remove it from NFA regulations, since it is still a rifle, and has a short barrel. Am I missing something here? Suprised this has not been brought up.

And how would Federal law conflict with state law on this?

Dave