pistol/rifle T/C Contender

[Seancass]

http://gunbroker.com/Auction/ViewItem.asp?Item=64015508

so, is this a pistol, a rifle or just illegal? i thought you couldnt mix/match pistol and rifle components.

 

[PO2Hammer]

A buttstock and a barrel less than 16 inches is illegal unless you have a SBR (short barrel rifle) permit.
It's a double no-no in Cali, where it's a sawed off shotgun too.
Put a longer barrel or a pistol grip on it and your fine in most states.

 

[Ranger61]

This question has been debated by the US legal system and I believe the Supreme court ruling was that as long as the owner has a 16" or longer carbine barrel you can own the buttstock and assemble it into a legal rifle as well as reassemble with a short barrel without the buttstock and it is a legal pistol. However you should not assemble the gun in the manner pictured in the link because that is an illegal short rifle unless you have the proper NFA registration for it. The BATF was trying to argue that just having the parts for a short barrel and a buttstock was enough to be a violation but the court ruled that since the gun could be assembled into a legal rifle or a legal pistol that the parts by themselves were not a violation. However, TO ASSEMBLE A SHORT BARREL WITH A BUTTSTOCK IS A VIOLATION!

 

[Seancass]

ranger, that is exactly what i thought the answer should/would be. thank you.

i have plans for legally doing what you just said with rifle/pistol same action combo.

 

[Standing Wolf]

...TO ASSEMBLE A SHORT BARREL WITH A BUTTSTOCK IS A VIOLATION!

Where's it say so in the Second Amendment?

 

[Ranger61]

It doesn't say anything about it in the second amendment but of course not all federal law is found in the consitution. I think its a dumb law written in the 1930's but until the law is removed from the books its still in force.

 

[Hobie]

Never take a photo of the commission of an illegal act. :banghead:

 

[deadin]

Where's it say so in the Second Amendment?

Doesn't have to. It "says so" in the regulations.

A regulation is a rule or order having force of law issued by executive authority or government.
Regulations are issued by various governmental departments to carry out the intent of the law. Agency issue regulations to guide the activity of those regulated by the agency and their own employees and to ensure uniform application of the law. Regulations are not the work of the legislature and do not, in theory, have the effect of law. In practice, however, because of the intricacies of judicial review of administrative action, regulations can have an important effect in determining the outcome of cases involving regulatory activities.

My underlines, rest is directly from Blacks Law Dictionary

As I read it, when the "law" (i.e. 2nd Amendment, etc.) seems to be ambiguous, unclear or contentious, the courts will fall back on the "regulations" for guidance. As case law is made and the "regulations" are upheld in appeal, they become more and more the same as "law".