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

[Spreadfire Arms]

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

`(e) As used in this section, the term `firearm' does not include--

`(1) any machinegun (as defined in section 5845 of the National Firearms Act);

`(2) any firearm silencer (as defined in section 921 of this title); and

`(3) any destructive device (as defined in section 921 of this title).'.

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 California-illegal AR-15 short barreled shotgun or rifle (NFA registered) into California 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:

H.R.218: The Law Enforcement Officers Safety Act of 2004
(Enrolled as Agreed to or Passed by Both House and Senate)

One Hundred Eighth Congress of the United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday, the twentieth day of January, two thousand and four

An Act

To amend title 18, United States Code, to exempt qualified current and former law enforcement officers from State laws prohibiting the carrying of concealed handguns.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Law Enforcement Officers Safety Act of 2004'.



SEC. 2. EXEMPTION OF QUALIFIED LAW ENFORCEMENT OFFICERS FROM STATE LAWS PROHIBITING THE CARRYING OF CONCEALED FIREARMS.

(a) In General- Chapter 44 of title 18, United States Code, is amended by inserting after section 926A the following:

`Sec. 926B. Carrying of concealed firearms by qualified law enforcement officers

`(a) Notwithstanding any other provision of the law of any State or any political subdivision thereof, an individual who is a qualified law enforcement officer and who is carrying the identification required by subsection (d) may carry a concealed firearm that has been shipped or transported in interstate or foreign commerce, subject to subsection (b).

`(b) This section shall not be construed to supersede or limit the laws of any State that--

`(1) permit private persons or entities to prohibit or restrict the possession of concealed firearms on their property; or

`(2) prohibit or restrict the possession of firearms on any State or local government property, installation, building, base, or park.

`(c) As used in this section, the term `qualified law enforcement officer' means an employee of a governmental agency who--

`(1) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers of arrest;

`(2) is authorized by the agency to carry a firearm;

`(3) is not the subject of any disciplinary action by the agency;

`(4) meets standards, if any, established by the agency which require the employee to regularly qualify in the use of a firearm;

`(5) is not under the influence of alcohol or another intoxicating or hallucinatory drug or substance; and

`(6) is not prohibited by Federal law from receiving a firearm.

`(d) The identification required by this subsection is the photographic identification issued by the governmental agency for which the individual is employed as a law enforcement officer.

`(e) As used in this section, the term `firearm' does not include--

`(1) any machinegun (as defined in section 5845 of the National Firearms Act);

`(2) any firearm silencer (as defined in section 921 of this title); and

`(3) any destructive device (as defined in section 921 of this title).'.

(b) Clerical Amendment- The table of sections for such chapter is amended by inserting after the item relating to section 926A the following:

`926B. Carrying of concealed firearms by qualified law enforcement officers.'.

anyone agree or disagree?

 

[Gray Peterson]

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.

 

[Kurush]

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

 

[mrmeval]

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.

 

[Steve in PA]

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.

 

[Spreadfire Arms]

ok lets try this again:

`(e) As used in this section, the term `firearm' does not include--

`(1) any machinegun (as defined in section 5845 of the National Firearms Act);

`(2) any firearm silencer (as defined in section 921 of this title); and

`(3) any destructive device (as defined in section 921 of this title).'.

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!

 

[michaelbane]

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 California 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:

 

[Optical Serenity]

Why would you want to travel to california anyway?

 

[Spreadfire Arms]

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!