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by denwego
Tue Dec 21, 2010 2:25 pm
Forum: Rifles & Shotguns
Topic: 30.06 Countermeasures
Replies: 35
Views: 5931

Re: 30.06 Countermeasures

mmestx wrote:So, where would I be able to get clarification concearning the state definition of a glock that is registered as an SBR?
Short-barrled rifles/shotguns are still considered rifles and shotguns under state law, just a particularly restricted type. Vasquez v. State (1982) stated that a rifle whose barrel was shortened and stock completely removed didn't become a pistol, quoting "the definition referred to the design of the weapon, not to its present state after modification." That's supplemented by Ford v. State (1994), which said “the mere fact that a weapon may be defined as a handgun does not disqualify it from also being a short- barrel firearm. A weapon under twenty-six inches in length adapted from a shotgun makes it a short-barrel firearm regardless of whether it can be fired with one hand.”

Both of those cases refer to weapons which started off as long guns and were shortened, but I tend to believe that it would go the other way as well regarding handguns turned into SBRs. Those two cases would offer some strong precedent that a Glock turned into a SBR would still be considered a handgun based on its "original design," as well as also being a SBR which is regulated by §46.05. Thoughts?

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