Quoted: Let's add some more confusion. Under the "you can make a pistol a rifle, but you can not make a rifle a pistol" opinion, you could come up with a problem. The T/C Encore and Contender are both usually sold as pistols, but IIRC sometime they are sold as rifles. I believe there was a specific case for the T/C company, but I'm not sure it addressed this. If you have an 18" barreled Encore with a pistol grip that was origionally sold as a rifle, are you commiting a crime by not registering it as a SBR?
|
Short answer:
"If you have an 18" barreled Encore with a pistol grip that was
origionally sold as a rifle," it must be registered as an NFA SBR "firearm."
From the NFA:
26 USC Sec. 5845. - Definitions For the purpose of this chapter -
(a) Firearm: The term ''firearm'' means
(3) a rifle having a barrel or barrels of less than 16 inches in length;
(4)
a weapon made from a rifle if such weapon
as modified has an overall length of
less than 26 inches or a barrel or barrels of less than 16 inches in length;
(c) Rifle: The term ''rifle'' means a weapon designed or redesigned, made or remade, and intended
to be fired from the shoulder ...
The Supreme Court case mentioned is
United States v Thompson/Center Arms Corp, 504 U.S. 505, 112 S.Ct. 2102 (1992)
The court addressed the situation of selling a handgun packages with a stock and 16+" barrel to form a carbine from the pistol. The SBR example the court considered was the pistol barrel on the rifle stock ("designed to be fired from the shoulder...barrel less than 16 inches...");
I don't remember the Court discussing it, but I think the long barrel on the pistol frame/grip, was still a pistol ( no upper limit on barrel length as long as it is designed to be fired by one hand).
IMO It is cheaper to buy a T/C pistol and make the carbine yourself without the NFA restrictions of an SBR.
Rob940: Trust me, I have a doctorate in law and it is still confussing.
Cheers, Otto
ETA By the way, the
Thompson case was by no means unanimous; every point of law that comes from it has this caveat, "(Per Justice Souter, with The Chief Justice and [Justice O'Connor] concurring and two Justices concurring in judgment.)"
This was not a 5-4 decision, but a 3-2-4 decision... confused? me too.
ETA II: Redhook, the single shot nature does not affect the definition of rifle under the NFA; here is the full definition:
The term ''rifle'' means a weapon 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 cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger, and shall include any such weapon which may be readily restored to fire a fixed cartridge. (emphasis added)
Note the "fixed cartridge" requirement with no carve-outs for single-shots.
Also note that weapons that may readily be restored to fire are also considered rifles for NFA purposes (language that is missing in the current but soon to be dead AWB) and is the topic of a case (US v. Kent) where the short-barreld but complete AR upper was found in an appartment with and AR-15 was constructive possession of an NFA firearm -- something to keep in mind if you have T/C pistol barrels around but only a T/C originally sold as a rifle.