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National Concealed Carry for LEO's doesn't prohibit SBR/SBS?

Discussion in 'Legal' started by Spreadfire Arms, Jun 20, 2006.

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  1. Spreadfire Arms

    Spreadfire Arms Member

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    i was just looking at the national concealed carry law for peace officers and it states that their definition of the firearm is:

    so their definition of "firearm" does include a machine gun, silencer, or destructive device, but not a short barreled weapon?

    if im reading it correctly, then i can carry (concealed) my **********-illegal AR-15 short barreled shotgun or rifle (NFA registered) into ********** or another anti class 3 state?

    the law doesn't really address registration that may be required by the state, only so long as it is NFA registered i assume.

    the law in its entirety states:

    anyone agree or disagree?
     
  2. Gray Peterson

    Gray Peterson Member

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    IIRC, SBR/SBS if transported interstate have to be filed with the BATFE before actually transported. The point of LEOSA was to exempt you from state CCW laws if you're a current or former LEO. It does NOT exempt you from the National Firearms Act requirements. You could be legal under LEOSA even if the state disallows SBS/SBR, but if you don't file the proper paperwork, you could violate the National Firearms Act.
     
  3. Kurush

    Kurush Member

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    A non-licensee would need to file a form 5320.20 with the ATF requesting approval to transport their SBS/SBR to California. The form would not be approved, so you couldn't legally carry your SBS/SBR in CA.

    HOWEVER... If you are a CRFFL, and your SBS/SBR is on the C&R list, then you do not need ATF approval to transport your SBS/SBR across state lines.

    What happens at this point is that you are arrested by the state of California and thrown in jail and spend the next 6 years and your entire life savings going through an appelate process to resolve the conflict between federal and state law. Good luck :p
     
  4. mrmeval

    mrmeval Member

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    In Indiana you can carry one legally if you have a permit afaik, it's not wise though as a jury may protest even if you've done no crime.
     
  5. Steve in PA

    Steve in PA Member

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    HR218 allows a LEO to carry a firearm in all states. The firearm falls into the definition of "firearm" as described by HR218. This definition DOES NOT include the the things you listed. So no, you can not carry your SBR, machinegun, etc.
     
  6. Spreadfire Arms

    Spreadfire Arms Member

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    ok lets try this again:

    there is no mention of an SBS, SBR, or AOW. only mentions machine gun, silencer, and DD's as not being included as a firearm. thus, wouldn't it include SBS, SBR, and AOW, as well as all Title I firearms?

    also, since i'm an SOT (C3 Dealer) i don't need to file any paperwork with ATF to move NFA weapons across state lines, although it is a good point for non-dealers!
     
  7. michaelbane

    michaelbane Member

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    I agree with Spreadfire, but...

    The text of the legislation says "firearm". If you look at 18 U.S.C. Section 921 (definitions) there is no mention of barrel length. So the fact that it's a SBR or SBS should not matter. I say should not, because, as a previous post pointed out, the Peoples Republik of ********** won't care what federal law says. They'll put you through hell and even if you do win, you're out all that money, time and inconvenience. It's not right, but that's the way it is.:banghead:
     
  8. Optical Serenity

    Optical Serenity Member

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    Why would you want to travel to california anyway? :neener:
     
  9. Spreadfire Arms

    Spreadfire Arms Member

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    i have family still there. besides it would be nice to see if i could attend a THR shoot while im out there, im sure the THR Kali guys would like to shoot an SBR, SBS, or AOW!
     
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