Rifle with Illegally Short Barrel


PDA






Drakejake
May 21, 2003, 09:24 PM
This is a follow-up question about the M4, a compact bolt action rifle in 22 Hornet made by Harrington and Richardson for army pilots c. 1942-52. This was a survival rifle for downed pilots which stored in a metal case. It came with a 14 inch barrel which could be unscrewed for storage. I understand that this rifle is very likely illegal because of its short barrel. What if the short barrel were replaced with a custom made 16 inch barrel? Could it then be owned and shot legally?

Just an academic question; the one I saw is going to a museum.

Thanks,

Drakejake

If you enjoyed reading about "Rifle with Illegally Short Barrel" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
cordex
May 21, 2003, 09:44 PM
What if the short barrel were replaced with a custom made 16 inch barrel? Could it then be owned and shot legally?
I don't see why not.
You could also get one registered as a short barreled rifle.

CleverNickname
May 21, 2003, 10:03 PM
I've heard of a few instances where the ATF removed certain models of long guns from the barrel and overall length requirements due to the fact they were rare/collectible/on the C&R list. This might be the case with this model.

Drakejake
May 21, 2003, 10:18 PM
Yes, this rifle is on the part of the C&R list that has the NFA firearms. It states that these can be owned as C&R by licensees (I am one) subject to various laws and regs. I haven't yet reviewed those provisions.

Drakejake

rock jock
May 21, 2003, 10:24 PM
Yes, but what if you sporterized it?

TexasVet
May 22, 2003, 12:33 AM
One of the many dedicated Crufflers would beat you about the head with a brick while deriding you as another bloody "Bubba"!:cuss:

Kharn
May 22, 2003, 11:15 AM
TexasVet:
Are you calling the first spot in that line, or can I have it? :evil:

Kharn

rock jock
May 22, 2003, 11:36 AM
Not that I would, just saying "if". :D

Justin
May 22, 2003, 12:20 PM
Ok, so what if you have one of the exempted guns, like this one, or an artillery Luger with a stock, but don't have a C&R license? Can you then be prosecuted for breaking the law?

Sleeping Dog
May 22, 2003, 01:10 PM
If BATF says it's legal, it makes no difference that you have a C&R license or not.

Without a C&R license, you may be able to buy one in a private sale within your home state, or buy one from a dealer anywhere (with the big yellow form).

With the license, you can buy from anyone, from any state, or from a wholesaler, as long as it's a C&R gun.

And of course follow the state laws, wherever you are.


Regards.

Kharn
May 22, 2003, 01:57 PM
DrakeJake:
To make the rifle legal (assuming the ATF hasnt exempted it from the NFA and you wanted to keep it for yourself), you could:
1) Have a gunsmith thread the muzzle and permanetly attach a flashhider, muzzle brake or whatever to extend the barrel the ~2" required.
2) Make a new barrel, as you mentioned. This option would be expensive, but a friend could keep the 14" barrel for you, in case the NFA ever went away, or another amnesty came up.
I'd prefer #2, as you never know when you might end up with the last existing one in the world.

Kharn

Carlos Cabeza
May 22, 2003, 02:43 PM
I bought an SKS that some goober had fiendishly tried to cut it down, way down. I am at odds what to do with it or if I should just take a loss and a blowtorch to it so as not to get into some trouble. It was a hacksaw job at about 45 degrees.

Hkmp5sd
May 22, 2003, 03:55 PM
The H&R M4 w/ 14" barrel falls under BOTH C&R and NFA rules. This means in its original configuration, it can be bought by a person with a C&R license without using another FFL for the transfer.

The NFA means it must ALSO be registered as a short barreled rifle (SBR). Even though an 03-FFL can by it on his license, he still has to do the NFA transfer and pay all applicable taxes.

If the weapon is "sporterized" it loses it's C&R status, but is still regulated as an NFA weapon. If you replace the barrel with a 16" barrel (and get rid of the 14" barrel, you may not have it anywhere under your control) and the weapon has an overall length >26", you can fill out the paperwork to have it removed from the NFA registry.

WilderBill
May 22, 2003, 05:39 PM
Carlos, if the SKS has less than a 16" barrel and is too far short to just add a flash hider etc., I would remove the barrel (it may be either pinned or threaded) and consider it a source of parts for some other SKS.
If it is over 16" or could be with a flash hider, then straighten out that cut and get it recrowned and your good to go.
If the stock was also cut you might need to replace that, also.
A scope will take care of the lack of front sight.

Hkmp5sd
May 22, 2003, 05:53 PM
I bought an SKS that some goober had fiendishly tried to cut it down, way down.

If the barrel is <16" or overall length is <26", you are in possession of an illegal weapon which carries a 10 year sentence at Club Fed (and a permanent ban on ever owning firearms again).

SKSs are cheap. Destroy the gun and buy one in original configuration.

ctdonath
May 22, 2003, 11:00 PM
Let me make this clear:

ONCE NFA, ALWAYS NFA.

It is a short-barreled rifle. Doesn't matter how long a barrel you put on it, once it was made into a short-barreled rifle it legally is one forever - and it had better have been made legally and transferred legally. Doesn't matter if it is a C&R - that just means that after paying your $200 tax and filing paperwork it can be mailed to a C&R holder directly.

The museum had better have filed the paperwork for it too - there's a good chance they could get in deep trouble for having it.

CleverNickname
May 22, 2003, 11:12 PM
Let me make this clear:
ONCE NFA, ALWAYS NFA.


Not quite. "Once a machinegun, always a machinegun" is definately true, but it's entirely possible to write the BATF a letter saying "I'm putting a >16" barrel on my short-barrelled rifle or shotgun permanently. Please take it out of the NFA registry." And they will, returning the gun to title I status.

Hkmp5sd
May 22, 2003, 11:56 PM
CleverNickname is correct. The only other "Always is always" is a receiver that at some point had a shoulder stock attached. It will always be a SBS/SBR instead of AOW if you register it, chop off the barrel and remove the shoulder stock.

If you enjoyed reading about "Rifle with Illegally Short Barrel" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!