Gunsmithing Short barrels

[jonaddis84]

I've always been a little confused on this topic. I just had a customer ask if I can cut his rifle barrel to 14.5" to add a 1.5" flash hider. I know it needs to be permanently attached. But, if he only sends the barrel, can it legally be sent back at 14.5" without the hider attached and it's on him to do that?

I guess what I'm looking at is that civilians can buy short AR barrels off the shelf, it's on them to either make them legal or register the firearm as sbr.

Thanks

 

[E. Bryant]

Re: Short barrels

I believe this gets into the grey area of "constructive possession". For "Lego" guns like the AR-15, things can get rather sketchy. I haven't heard of anyone getting in trouble for having certain combination of bolt gun parts lying around, but I'd give your local ATF field rep a call and see what he/she has to say about the matter.

 

[nso123]

Re: Short barrels

Why not ask him to send the flash hider with the barrel and let you go ahead and attach it for him? As far as the legality, I don't see a problem with you sending it back after cutting it down.

 

[pwc001]

Re: Short barrels

If it is just a barrel, it is not a firearm till it is placed on the action. You can buy any length AR barrel you want, it is the buyers responsibility to have an SBR or pistol lower to place it on.

A barrel is just a piece of pipe with grooves cut into the inside.

 

[SPfeiffer]

Re: Short barrels

If all you have is the barrel then you are OK. If its an AR the actual fire arm is the lower. if its off of a bolt gun the action is the actual fire arm. a lone barrel has no regulation. until you attach it to its receiver and then comply with fed regs.

 

[jonaddis84]

Re: Short barrels

Those were my thoughts, just wanted to make sure if he never made it compliant and got in trouble that I couldn't be held liable at all. I'd rather do the attachment myself also, just wanted to clear this issue up.

Thanks

 

[E. Bryant]

Re: Short barrels

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: SASSdriver</div><div class="ubbcode-body">if its off of a bolt gun the action is the actual fire arm. a lone barrel has no regulation. until you attach it to its receiver and then comply with fed regs. </div></div>

Don't be so sure:

http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2011-4.pdf

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">A firearm, as defined by the National Firearms Act (NFA), 26 U.S.C. 5845(a)(3), is made when <span style="font-weight: bold">unassembled parts are placed in close proximity</span> in such a way that they: (a) serve no useful purpose other than to make a rifle having a barrel or barrels of less than 16 inches in length; or (b) convert a complete weapon into such an NFA firearm.</div></div>

 

[Rooster931]

Re: Short barrels

I agree with SASSdriver but I would still call to get the answer.

 

[SPfeiffer]

Re: Short barrels

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: E. Bryant</div><div class="ubbcode-body">

if its off of a bolt gun the action is the actual fire arm. a lone barrel has no regulation. until you attach it to its receiver and then comply with fed regs. </div></div>

Don't be so sure:

http://www.atf.gov/regulations-rulings/rulings/atf-rulings/atf-ruling-2011-4.pdf

so what you are saying is ...if I go buy a 7 1/2 in barreled upper for a AR pistol and I have it and a standard AR next to it i am breaking the law b/c in 27 seconds I could have an illeagl NFA SBR in my possession? Thats like picking gnat shit out of pepper.

I would cut the barrel and leave it up to the owner to worry about the legality.. As far as I would be concerned it was for an XP 100 or someother thing he owns...

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">A firearm, as defined by the National Firearms Act (NFA), 26 U.S.C. 5845(a)(3), is made when <span style="font-weight: bold">unassembled parts are placed in close proximity</span> in such a way that they: (a) serve no useful purpose other than to make a rifle having a barrel or barrels of less than 16 inches in length; or (b) convert a complete weapon into such an NFA firearm.</div></div>

 

[E. Bryant]

Re: Short barrels

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: SASSdriver</div><div class="ubbcode-body">so what you are saying is ...if I go buy a 7 1/2 in barreled upper for a AR pistol and I have it and a standard AR next to it i am breaking the law b/c in 27 seconds I could have an illeagl NFA SBR in my possession?</div></div>

I am not an attorney, so what follows is not legal advice. My interpretation of the Thompson/Center ruling is as follows:

1) If you have the parts to legally assemble a pistol, it is permissible to possess a short barrel.

2) If you have a receiver that can legally be assembled as a SBR, it is permissible to possess a short barrel.

3) If one possesses no possible combination of parts that can legally be assembled with a short barrel, then simply possessing a short barrel can be deemed as "constructive possession" and is a potential NFA violation.

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">Thats like picking gnat shit out of pepper.</div></div>

As are many firearms laws. This is why I advised the OP to contact the ATF. Frankly, I'd hope to be proven wrong in this instance.