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Legal Limit?
Posted: Wed May 23, 2007 8:40 pm
by FrEaK_aCcIdEnT
I purchased a s&w m&p-15 (ar15) the other day. I have a good question if someone knows the answer.
What is the legal limit on the lenght of the barrel? I want to swap the 16" 1 in 9" twist barrel for a 14.5" 1 in 7" twist barrel.
Anyone know the answer to this one?
Thanks in advance!!
Posted: Wed May 23, 2007 9:26 pm
by srothstein
Texas Penal Code Chapter 46 section 46.01 says:
Short-barrel firearm" means a rifle with a
barrel length of less than 16 inches or a shotgun with a barrel
length of less than 18 inches, or any weapon made from a shotgun or
rifle if, as altered, it has an overall length of less than 26
inches.
The barrel is measured from the face of the closed bolt to the muzzle. I do not think they include muzzle breaks or flash suppressors as part of the barrel. The feds may have a different definition, but I think the barrel length matches.
Posted: Wed May 23, 2007 9:46 pm
by txinvestigator
srothstein wrote:Texas Penal Code Chapter 46 section 46.01 says:
Short-barrel firearm" means a rifle with a
barrel length of less than 16 inches or a shotgun with a barrel
length of less than 18 inches, or any weapon made from a shotgun or
rifle if, as altered, it has an overall length of less than 26
inches.
The barrel is measured from the face of the closed bolt to the muzzle. I do not think they include muzzle breaks or flash suppressors as part of the barrel. The feds may have a different definition, but I think the barrel length matches.
If Muzzle brakes or flash suppressors are permanently attached the are part of the overall barrel length.
FrEaK_aCcIdEnT, you can do it, you would just have to register the gun as a SBR (short barreled rifle) as per the NFA.
Posted: Thu May 24, 2007 8:13 am
by FrEaK_aCcIdEnT
im going to go look up "NFA". Thanks for the info!
Posted: Thu May 24, 2007 8:20 am
by HankB
Be aware that if you merely purchase an upper with a 14.5" barrel - perfectly legal on one of the pistol versions of the AR being sold - and all you have is an AR rifle, the BATmen may assert that you're in "constructive possession" of an SBR even if it's never been attached to your S&W M&P15.
Unless it's registered as an SBR, the minimum required barrel length is indeed 16" measured from the breech face to the end of the muzzle, and yes, a permanently attached muzzle brake or flash hider counts when it comes to "making length."
Posted: Thu May 24, 2007 8:23 am
by stevie_d_64
srothstein wrote:Texas Penal Code Chapter 46 section 46.01 says:
Short-barrel firearm" means a rifle with a
barrel length of less than 16 inches or a shotgun with a barrel
length of less than 18 inches, or any weapon made from a shotgun or
rifle if, as altered, it has an overall length of less than 26
inches.
The barrel is measured from the face of the closed bolt to the muzzle. I do not think they include muzzle breaks or flash suppressors as part of the barrel. The feds may have a different definition, but I think the barrel length matches.
Thats whole "where is the measurement" made from issue has always been one of those
things with some folks...I certainly don't have the totally right answer, but in my buying experience, I just don't think I would buy anything that would push that envelope back, if I had any doubt about the firearm...
I do have an SBR, but I made sure it had a permanent muzzle break put on the end just to make sure it fell over the 16" requirement...
Posted: Thu May 24, 2007 8:28 am
by stevie_d_64
Ohh...
He stated he just bought the rifle...And that he intends to put a muzzle break on it to get it over the length requirement...
If it is put into a shop to have that done, does he even need to register at all...
I would say technically yes, but if it being modified to make it ineligible for that requirement, and not in his direct possession during that time of modification, would this really be a sticking point with the law???
"Yeah, I bought it, but its in the shop to be modified to not fall under those provisions in the law..."
I dunno...
Posted: Thu May 24, 2007 8:38 am
by FrEaK_aCcIdEnT
I have done a quick google search and from what i gather... its a form,some waiting, some money($200), some waiting, chief of police sig. some waiting, hopefully getting something in the mail.
Is that close?
Also, who would i go to for assistence in going through the process? Is there a FFL or someone qualified to assist me in the DFW area?
EDIT: I found this place in Grapevine. Thanks for the helpful info. Im going to give them a call.
http://www.westernfirearms.com/
Posted: Fri May 25, 2007 6:59 am
by TX Rancher
FrEaK_aCcIdEnT wrote:I have done a quick google search and from what i gather... its a form,some waiting, some money($200), some waiting, chief of police sig. some waiting, hopefully getting something in the mail.
Is that close?
Also, who would i go to for assistence in going through the process? Is there a FFL or someone qualified to assist me in the DFW area?
EDIT: I found this place in Grapevine. Thanks for the helpful info. Im going to give them a call.
http://www.westernfirearms.com/
A faster way is to set up a trust. That way you avoid some of the hurdles like the LEO signature...it also makes it easier if you have family since they can be added to the trust and have a legal right to possesion.
Posted: Fri May 25, 2007 12:21 pm
by carlson1
HankB wrote:. . .Unless it's registered as an SBR, the minimum required barrel length is indeed 16" measured from the breech face to the end of the muzzle,. . .
You better go 16 and 1/8 because some Agents can't measure
Posted: Fri May 25, 2007 6:34 pm
by freakinout
stevie_d_64 wrote:
I do have an SBR, but I made sure it had a permanent muzzle break put on the end just to make sure it fell over the 16" requirement...
So you have an SBR (paid for tax stamp) and have barrel with an length of 16"?
Posted: Fri May 25, 2007 9:51 pm
by FrEaK_aCcIdEnT
TX Rancher wrote:FrEaK_aCcIdEnT wrote:I have done a quick google search and from what i gather... its a form,some waiting, some money($200), some waiting, chief of police sig. some waiting, hopefully getting something in the mail.
Is that close?
Also, who would i go to for assistence in going through the process? Is there a FFL or someone qualified to assist me in the DFW area?
EDIT: I found this place in Grapevine. Thanks for the helpful info. Im going to give them a call.
http://www.westernfirearms.com/
A faster way is to set up a trust. That way you avoid some of the hurdles like the LEO signature...it also makes it easier if you have family since they can be added to the trust and have a legal right to possesion.
How exactly do you go about setting up a trust?