Rifle with Illegally Short Barrel

[Drakejake]

This is a follow-up question about the M4, a compact bolt action rifle in 22 Hornet made by Harrington and Richardson for army pilots c. 1942-52. This was a survival rifle for downed pilots which stored in a metal case. It came with a 14 inch barrel which could be unscrewed for storage. I understand that this rifle is very likely illegal because of its short barrel. What if the short barrel were replaced with a custom made 16 inch barrel? Could it then be owned and shot legally?

Just an academic question; the one I saw is going to a museum.

Thanks,

Drakejake

 

[cordex]

What if the short barrel were replaced with a custom made 16 inch barrel? Could it then be owned and shot legally?

I don't see why not.
You could also get one registered as a short barreled rifle.

 

[CleverNickname]

I've heard of a few instances where the ATF removed certain models of long guns from the barrel and overall length requirements due to the fact they were rare/collectible/on the C&R list. This might be the case with this model.

 

[Drakejake]

Yes, this rifle is on the part of the C&R list that has the NFA firearms. It states that these can be owned as C&R by licensees (I am one) subject to various laws and regs. I haven't yet reviewed those provisions.

Drakejake

 

[rock jock]

Yes, but what if you sporterized it?

 

[TexasVet]

Yes, but what if you sporterized it?

One of the many dedicated Crufflers would beat you about the head with a brick while deriding you as another bloody "Bubba"!

 

[Kharn]

TexasVet:
Are you calling the first spot in that line, or can I have it?

Kharn

 

[rock jock]

Not that I would, just saying "if".

 

[Justin]

Ok, so what if you have one of the exempted guns, like this one, or an artillery Luger with a stock, but don't have a C&R license? Can you then be prosecuted for breaking the law?

 

[Sleeping Dog]

If BATF says it's legal, it makes no difference that you have a C&R license or not.

Without a C&R license, you may be able to buy one in a private sale within your home state, or buy one from a dealer anywhere (with the big yellow form).

With the license, you can buy from anyone, from any state, or from a wholesaler, as long as it's a C&R gun.

And of course follow the state laws, wherever you are.


Regards.

 

[Kharn]

DrakeJake:
To make the rifle legal (assuming the ATF hasnt exempted it from the NFA and you wanted to keep it for yourself), you could:
1) Have a gunsmith thread the muzzle and permanetly attach a flashhider, muzzle brake or whatever to extend the barrel the ~2" required.
2) Make a new barrel, as you mentioned. This option would be expensive, but a friend could keep the 14" barrel for you, in case the NFA ever went away, or another amnesty came up.
I'd prefer #2, as you never know when you might end up with the last existing one in the world.

Kharn

 

[Carlos Cabeza]

I bought an SKS that some goober had fiendishly tried to cut it down, way down. I am at odds what to do with it or if I should just take a loss and a blowtorch to it so as not to get into some trouble. It was a hacksaw job at about 45 degrees.

 

[Hkmp5sd]

The H&R M4 w/ 14" barrel falls under BOTH C&R and NFA rules. This means in its original configuration, it can be bought by a person with a C&R license without using another FFL for the transfer.

The NFA means it must ALSO be registered as a short barreled rifle (SBR). Even though an 03-FFL can by it on his license, he still has to do the NFA transfer and pay all applicable taxes.

If the weapon is "sporterized" it loses it's C&R status, but is still regulated as an NFA weapon. If you replace the barrel with a 16" barrel (and get rid of the 14" barrel, you may not have it anywhere under your control) and the weapon has an overall length >26", you can fill out the paperwork to have it removed from the NFA registry.

 

[WilderBill]

Carlos, if the SKS has less than a 16" barrel and is too far short to just add a flash hider etc., I would remove the barrel (it may be either pinned or threaded) and consider it a source of parts for some other SKS.
If it is over 16" or could be with a flash hider, then straighten out that cut and get it recrowned and your good to go.
If the stock was also cut you might need to replace that, also.
A scope will take care of the lack of front sight.

 

[Hkmp5sd]

I bought an SKS that some goober had fiendishly tried to cut it down, way down.

If the barrel is <16" or overall length is <26", you are in possession of an illegal weapon which carries a 10 year sentence at Club Fed (and a permanent ban on ever owning firearms again).

SKSs are cheap. Destroy the gun and buy one in original configuration.

 

[ctdonath]

Let me make this clear:

ONCE NFA, ALWAYS NFA.

It is a short-barreled rifle. Doesn't matter how long a barrel you put on it, once it was made into a short-barreled rifle it legally is one forever - and it had better have been made legally and transferred legally. Doesn't matter if it is a C&R - that just means that after paying your $200 tax and filing paperwork it can be mailed to a C&R holder directly.

The museum had better have filed the paperwork for it too - there's a good chance they could get in deep trouble for having it.

 

[CleverNickname]

Let me make this clear:
ONCE NFA, ALWAYS NFA.

Not quite. "Once a machinegun, always a machinegun" is definately true, but it's entirely possible to write the BATF a letter saying "I'm putting a >16" barrel on my short-barrelled rifle or shotgun permanently. Please take it out of the NFA registry." And they will, returning the gun to title I status.

 

[Hkmp5sd]

CleverNickname is correct. The only other "Always is always" is a receiver that at some point had a shoulder stock attached. It will always be a SBS/SBR instead of AOW if you register it, chop off the barrel and remove the shoulder stock.