Is this legal?

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The overall length for a rifle that is not registered as a 'Short Barreled Rifle' is 26" or greater. I don't know of any regulatory length in 23", and I don't see that he lists the OAL in the ad at all.

But this ad is not for a rifle, and handguns do not bear a minimum/maximum regulated length.
 
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I would not touch it with a ten foot pole. It was listed a few months back and when I informed him he may want to check on the legality of it he told me to fudge off. Now its back up.
 
But this ad is not for a rifle.
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Unless he put a custom barrel on it, it has to be. The Ruger Charger (10/22 pistol) came with a 10" barrel on it. In order to have a 16.5 barrel he would have to be using a rifle receiver.
 
Looks like a vertical foregrip on a pistol.

It could be a 10/22 rifle missing the buttstock, or a Charger with a 10/22 rifle barrel.

My understanding is that a buttstock would make it legal, as would taking off the foregrip.

This guy is DUMB for posting this if it's not registered/tax stamped/whatever it's called.
 
Unless he put a custom barrel on it, it has to be [a rifle].
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I don't find the words 'custom barrel' in the law...
18 U.S.C. § 921 : US Code - Section 921: Definitions
http://codes.lp.findlaw.com/uscode/18/I/44/921

(7) 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 an explosive
to fire only a single projectile through a rifled bore for each
single pull of the trigger.

(8) The term "short-barreled rifle" means a rifle having one or
more barrels less than sixteen inches in length and any weapon made
from a rifle (whether by alteration, modification, or otherwise) if
such weapon, as modified, has an overall length of less than twenty-
six inches.
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He does not state whether it was built from a rifle or from a rifle's receiver. He doesn't list the overall length either. If it wasn't made from a rifle and the overall length IS > 26", then it is no different than a PGO Mossberg 500. It wouldn't be an AOW, a rifle, or a pistol... it would be a "firearm". See this: http://www.franklinarmory.com/PRODUCTS_XO-26.html

That said, it does not look like it is + 26" in OAL.
 
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Right now that does appear to be an AOW. Simply a vertical foregrip on a handgun, which puts him in NFA territory.

He could configure it with a stock, an 18"+ barrel, and the VFG and would be ok. If the barrel brought the entire overall length up to 26", I think he'd be ok, then too. But as shown, I think he's in danger.
 
I don't find the words 'custom barrel' in the law...
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Okay, let's break this down. If it's a Charger receiver that's had a custom 16.5" barrel put on it, it's a pistol. The vertical foregrip is a no no then.

If it's a 10/22 receiver, then it's a rifle. Always will be a rifle, no matter what stock he puts the receiver in.

Hence, since the 16.5" barrel was a 10/22 feature and not a Charger feature, it's likely a rifle, not a pistol. Ergo, if it's less than 26" in length, it's an unlicensed SBR. If it's longer than 26" in length (and a 10/22 receiver) it's perfectly legal.

But, like I said in my first post... It better have some SBR paperwork with it. since I agree, it doesn't look like it's 26" in length and I suspect it's a 10/22 receiver.
 
I agree, but...
If it's a 10/22 receiver, then it's a rifle.
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...on the outside chance that it may be a virgin receiver would mean that it isn't necessarily a rifle. If he took a virgin receiver and built this gun, AND IF it has an OAL greater than 26", then it is nothing more than a "firearm".

But I think we all agree that it doesn't appear to be 26+" in length. From all appearances, this guy is playing with fire, or at least tempting a buyer to play with fire.
 
This [strike]is[/strike] appears to be (and was ID'd by the seller as) an Archangel 10/22 "AR" with the buttstock removed.

The seller is calling it a "pistol" with a 16.5" barrel (he talks about it fitting a case for an 18.5" PG shotgun), although I strongly believe the ATF would consider it a still a rifle.
 
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