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AR-15 pistol receiver- loophole?

Discussion in 'Legal' started by chestnut ridge, Jul 21, 2009.

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  1. chestnut ridge

    chestnut ridge Member

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    Location:
    south central Tennessee
    Rifles and shotguns carried in a vehicle must remain unloaded and separate
    from ammunition regardless of whether a person has a carry permit. Tennessee
    only allows handguns to be carried under the authority of a permit. Long guns are
    treated the same regardless of a person's permit status.

    I raise beef cattle and have a need for a loaded 223 to be at hand in my
    farm truck. If an AR-15 pistol receiver was used to build a AR-15 rifle;
    would it still be a "pistol" and would it be legal under the handgun carry permit?
     
  2. HKUSP45C

    HKUSP45C Member

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    Federally speaking a pistol may have a barrel of any length but must not have a buttstock. Once you affix a butstock it must have a barrel over 16 inches and an overall length of 26 inches and becomes a "firearm" or "rifle." If the barrel is under 16 inches and it has a buttstock you have created an SBR.

    I have no idea what TN law says BUT I would suspect that a "rifle looking" gun in your vehicle is going to be considered a "rifle" for the purposes of your prosecution and the fact that it was a pistol before you converted it will not hold a tremendous amount of weight with either a judge or an impartial jury.

    The "spirit of the law" is still a viable legal philosophy in most jurisdictions and it cuts both ways, most times.

    Though you could always contact your state's Attorney General and ask for clarification on the law given the specific set of circumstances you describe.
     
  3. fiver

    fiver Member

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    If an AR-15 pistol receiver was used to build a AR-15 rifle;
    would it still be a "pistol" and would it be legal under the handgun carry permit?


    No. It does not matter what the receiver was originally assembled as. It also does not mean squat if the manufacturer has stamped "Pistol Only" on it. If you assemble a rifle, you have a rifle, period. Also, don't forget "once a rifle, always a rifle..." Unless you want to fill out the SBR paperwork.

    Here is how we deal with this in my state. Your state may have some different laws / nuances.

    1. Get / Build an AR pistol
    2. Carry AR pistol and spare mags legally (however you need to do that in your state)
    3. Have unloaded AR rifle in vehicle legally (however you need to do that in your state)
    4. When needed, remove AR from vehicle. Insert your legally carried magazine for your legally carried pistol into your rifle.
     
  4. Art Eatman

    Art Eatman Administrator Staff Member

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    chestnut ridge, it could be that what's illegal on a public highway is legal when you're on your own property or property under your control. I suggest checking to see whether the "separation" law applies out in your pasture.
     
  5. svtruth

    svtruth Member

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    Would a Kel-Tec

    PLR work for you?
     
  6. waterhouse

    waterhouse Member

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    How is the law actually worded? How do they define separate? With the bolt locked back putting a magazine in an AR and getting a round in the chamber takes less than a second.

    As for your question, it doesn't matter that the receiver says pistol, if you configure it to be a rifle, it is a rifle. However, there is nothing stopping you from using your AR pistol (no butt stock) and any barrel length you choose and placing the buffer tube against your shoulder.
     
  7. John E.

    John E. Member

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    chestnut ridge, it could be that what's illegal on a public highway is legal when you're on your own property or property under your control. I suggest checking to see whether the "separation" law applies out in your pasture.

    suggestion seconded
     
  8. Lone_Gunman

    Lone_Gunman Member

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    I think Art is correct here... if you are on your own property, I doubt the law would apply to you. You might also want to see if that law exempts ranchers and farmers who might have a loaded rifle in their vehicle as their normal course of business.
     
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