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Posted: 4/14/2011 1:04:19 PM EDT
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I posted this on xcrforum.com and wondered what people here thought:
This is just an intellectual exercise; I don't really have any plans of doing this. What made me think of the question is my buddy built an AK as a trunk gun (folding stock) and I know he travels out of state a fair amount to visit family. When he bought it, it was a rifle. But when he cut off the old stock and put the folder on, he had to complete the paperwork for the state as though he had sold himself a pistol. I live in Michigan. One of the nuances of our firearm laws makes the XCR (or my buddy's AK) with a folding stock a pistol. Any firearm longer than 26" but less than 30" in its shortest functional configuration is a pistol (and still must have 16"+ barrel, as MI does not allow SBR). Technically, that means that you can CPL/CCW an XCR (one dealer I was shopping suggested this...I didn't buy from him because of that). However, since MI law requires a CPL to be able to carry in a vehicle, and that rifles be transported unloaded, some like that they can have a trunk/truck gun. Anyway, the question is: can the XCR (or AK or whatever) be transported across state lines and remain a "pistol" as it was registered, or does it change classification as you cross state lines? I know that you have to follow CPL/CCW laws for both jurisdictions when you are travelling. But does the firearm itself change classification? Personally, I suspect that the classification would change as you changed states, regardless of whether it was registered as a pistol. The pistol isn't registered federally. It's registered with the state. It would be like bringing an SBR into Michigan, or any useful firearm into California. ;) In other words, I think the CPL reciprocity recognizes the right to carry, but not the classification of firearm. Discuss. |
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Quoted:
I posted this on xcrforum.com and wondered what people here thought: This is just an intellectual exercise; I don't really have any plans of doing this. What made me think of the question is my buddy built an AK as a trunk gun (folding stock) and I know he travels out of state a fair amount to visit family. When he bought it, it was a rifle. But when he cut off the old stock and put the folder on, he had to complete the paperwork for the state as though he had sold himself a pistol. I live in Michigan. One of the nuances of our firearm laws makes the XCR (or my buddy's AK) with a folding stock a pistol. Any firearm longer than 26" but less than 30" in its shortest functional configuration is a pistol (and still must have 16"+ barrel, as MI does not allow SBR). Technically, that means that you can CPL/CCW an XCR (one dealer I was shopping suggested this...I didn't buy from him because of that). However, since MI law requires a CPL to be able to carry in a vehicle, and that rifles be transported unloaded, some like that they can have a trunk/truck gun. Anyway, the question is: can the XCR (or AK or whatever) be transported across state lines and remain a "pistol" as it was registered, or does it change classification as you cross state lines? I know that you have to follow CPL/CCW laws for both jurisdictions when you are travelling. But does the firearm itself change classification? Personally, I suspect that the classification would change as you changed states, regardless of whether it was registered as a pistol. The pistol isn't registered federally. It's registered with the state. It would be like bringing an SBR into Michigan, or any useful firearm into California. ;) In other words, I think the CPL reciprocity recognizes the right to carry, but not the classification of firearm. Discuss. Under federal law, if it is or was a rifle, it can never become a pistol. (it can be an SBR but that is another story). A rifle,subsequently modified to add a folding stock is still a rifle under the fedeal rules. The MI classification doesn't mean anything outside of michigan. Federally, you are fine. As to whatever state you are in? Well that depends on the state... I would be very surprised if there were many more states that called a rifle a pistol 
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Yep - the goofy "MI pistol" rifle classification does not apply once you leave the state.
In any state, you have to comply with both Federal laws, and the laws of the state that you are in. The laws in the other 49 states have no bearing on you at that point. So in your example, does any other state define a "pistol" the way MI does (not that I know of). So the relevant question is whether or not it is legal in that state to transport a loaded rifle. And you might look at how they define "loaded". In some states, any ammo in the gun (chamber or inserted magazine) makes the gun "loaded". In others, a single round in a non-inserted mag makes the gun "loaded". In Utah, the gun is not loaded if it takes two actions to fire, and the chamber under the hammer is empty. So a loaded mag / empty chamber is legally unloaded under that state's laws. |
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Yeah but if he drives over here to CT with an AK (banned under state law) with a folding stock (also banned under the state 'assault weapon' law), he'd be fucked.
Personally if I were to have a dedicated "trunk gun", I'd hide it, really well and wouldn't say a god-damn thing about it. Generally cops are not very knowledgable when it comes to various state gun laws. Who can blame them when they're extremely confusing and often contradict each other. If you're out of state and they find any kind of rifle with ammo nearby in your trunk you're guaranteed a 1-2 hour break and a lot of hassle in the best case scenario. |
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