Friday, December 26, 2014

Firearm Forum Question: Gun Ownership, the ATF and Legal Stuff

Ask A Firearms Question:
What is the Law for putting a Rifle Scope on an AR15 Pistol?
Thank you 30_cal Guy.


Published for Readers Information and Content Only
Not a Legal Opinion

AR15 Style Pistol with Scope:

Federal (United States) Law:
ATF - Alcohol, Tobacco, and Firearms formerly part of the U.S. Treasury Department.
BATF - Bureau of Alcohol, Tobacco, and Firearms is now part of Department of Justice (DOJ).
The role of the ATF/BATF has not changed just the federal government structure and organization.

Answer:
Blog Administrator -
I am NOT a lawyer and therefore am not allowed to answer legal questions nor would I want to.
Saying that, I will post what is common knowledge and can be found on the BATF Website (formerly the ATF) about firearms, weapons, and general classifications. These rules cover Federal U.S. Laws only.
Individual State, County, City, and Township laws where you reside may be more stringent and have additional restrictions - The State of California is a good example.
Please check with your local law enforcement or consult an attorney before proceeding if you feel you are on questionable ground about anything concerning a firearm or weapon.
Note: Often times a CCW (Concealed Carry Weapons Permit) class will answer many questions. Also most states put out extensive hunting guidelines which cover aspects of what firearms can be used and for what.

ATF Weapons Classifications:
1) ALL Rifles must meet the following standard to be legal ...
Purchased from Manufacturer or Modified (cut down from original) - A Rifle Barrel length cannot be less than 16-Inces. Measure Barrel Length from front tip to breach opening. 
The total overall length of the Rifle must be 26-Inches or longer. This includes a modified stock (cut down or altered). Measure Total Length from the further most front point to the further most rear point for overall total length.
Note: Recommendation - If you are altering a barrel length make sure that the barrel is 16.5-Inches or longer to have a safety margin. Make sure the overall length is 26.5 or 27-Inches.
Under ATF Rules both sets of criteria must be met.

2) ALL Shotguns must meet the following standard to be legal ...
Purchased from Manufacturer or Modified (cut down from original) - A Shotgun Barrel length must be 18-Inces or longer. Measure Barrel Length from front tip to breach opening. 
The total overall length of the shotgun must be 26-Inches or longer. This includes a modified stock (cut down or altered). Measure Total Length from the further most front point to the further most rear point for overall total length.
Note: Recommendation - If you are altering a barrel or barrels length make sure that the barrel is 18.5-Inches to have a safety margin. Make sure the overall length is 26.5 or 27-Inches.
Under ATF Rules both sets of criteria must be met.

You do NOT need a Tax Stamp or approval to thread the barrel or add a Flash Hider. You would be required to obtain a $200.00 Federal ATF Tax Stamp for a Suppressor (silencer) if you wish to add one to any firearm.

IMPORTANT: Prior to strick regulations by the ATF on Barrel and Overall Gun Lengths, some manufacturers sold firearms that do not meet the ATF current minimum standards. These weapons now require a $200.00 Tax Stamp and prior ownership approval from the ATF.
If you own an Old Rifle or Shotgun you can legally modify it (cut it down or alter the stock and barrel length) if it meets the criteria listed above. If you wish to have a firearm that does not meet the minimum standards in length stipulated above, you must get approval and pay for a $200.00 Tax Stamp to legally own the firearm.
Firearms that are sold NEW from the manufacturer must meet the same standards, if they do not, they can still be sold but only after the purchaser obtains a $200.00 Federal ATF Tax Stamp.
ATF Federal Tax Stamps are required for each firearm you own that does not meet the standard requirements.
Caution - Weapons such as the AR15 Pistol and others avoid the requirement by classifying the weapon as a Pistol. But if you alter or modify the weapon, then you are subject to meeting the criteria above for barrel and overall length.
Private Purchase - People sell altered weapons all the time. So if you buy a firearm that has been modified from a private seller, including a Gun Show, measure both the barrel and overall length. If it does NOT meet the requirement do NOT purchase it.

Conclusion: These shorten legal Pistols such as the AR15 and Draco may be fun to shoot but they are not practical in my opinion.
As for putting on a Rifle Scope or some type of Optics (Green Dot, Red Dot) is just not practical. A Green Dot Laser would be the only one that may make any sense.
There are no ATF requirements for a Rifle Scope or Optics, these types of weapons are sold online all the time through GunBroker.com and ArmsList.com, but again State and Local laws may prevent you from even owning this type of firearm, check with your local police or sheriff department or a licensed FFL dealer in your state. Remember laws and rules change all the time, so before you buy or sell check the latest laws and regulations.

Finally, this is the only Topic Post I will do on ATF Rules and Regulations for firearms.

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