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Page AR-15 » Build It Yourself
AR Sponsor: bravocompany
Posted: 10/6/2004 8:16:20 PM EDT
Instead of the 7.5, 10, or 11 inch upper...

Anyone know if a 14.5 upper would be legal?  Sure it sounds kinda long...but I'm curious.

Thanks,
Cygnus
Link Posted: 10/6/2004 8:21:47 PM EDT
[#1]
BATF says in order to be a pistol the barrel has to be under 12".
Link Posted: 10/6/2004 8:22:18 PM EDT
[#2]
Yes. As long as it is below 16".
Link Posted: 10/6/2004 8:23:06 PM EDT
[#3]

Quoted:
BATF says in order to be a pistol the barrel has to be under 12".



Where the hell did you hear that? Bolt actions have 15 inch barrels.
Link Posted: 10/6/2004 8:56:48 PM EDT
[#4]
I have a factory XP-100 pistol w/ a barrel just over 14".  I know that one is legal.
Link Posted: 10/7/2004 7:19:46 AM EDT
[#5]
I'd really like to know where anyone gets a barrel limitation/spec/length/whatever for handguns.

The key aspect of a handgun that makes it a handgun is the fact that it is "designed to be held and fired by the use of a single hand"

From the US Code:
18 USC 921
(29)The term ''handgun'' means -
(A) a firearm which has a short stock and is designed to be held and fired by the use of a single hand; and
(B) any combination of parts from which a firearm described in subparagraph (A) can be assembled.

The Supreme Court has weighed in on the issue as well:
"The Bureau of Alcohol, Tobacco and Firearms advised respondent that when the kit was possessed or distributed with the Contender, the unit constituted a "firearm" under the National Firearms Act (NFA or Act), 26 U.S.C. §  5845(a)(3), which defines that term to include a rifle with a barrel less than 16 inches long, known as a short-barreled rifle, but not a pistol or a rifle having a barrel 16 inches or more in length.  
...
"Neither pistols nor rifles with barrels 16 inches long or longer are firearms within the NFA definition, ..."

US v. Thomson/Center, 504 U.S. 505 (1992), hosted here: quarterbore.com/library/law/us_v_tc.pdf


Cheers, Otto

ETA: Thanks for hosting, Quarterbore.  For those of you who don't know, QB has posted several key firearms court decisions on his very informative web site. www.quarterbore.com
Link Posted: 10/10/2004 4:07:44 AM EDT
[#6]
Last time I looked, California had a restriction on the maximum pistol barrel length;  the barrel had to be less than 16".  Other states or localities might pull something similar.
Link Posted: 10/10/2004 9:11:04 AM EDT
[#7]
Michigan has an even stranger law. If you have a rifle with a folding stock it has to be I beleive 30'" long or it has to be registered as a pistol.Silly or what.
Page AR-15 » Build It Yourself
AR Sponsor: bravocompany
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