WA state Definition of SBR... Clarification?

[SigPacker]

Here's the description as defined in Washington state code (currently)...

"Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches."

Now I am taking from this if your gun has a barrel less that 16" but the overall length of the gun is over 26" is not an SBR - but as defined by the ATF - just a firearm... (neither rifle nor pistol)

For if it said barrel shorter than 16" in length OR under 26" is considered an SBR...

So if I put a 14.5" barrel on a rifle and the overall length of the rifle is over 26" it is not an SBR. Right?

thoughts?

http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.010

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[GunRightsCoalition]

It describes two different firearms (a rifle with a certain configuration and then any weapon configured from a rifle) and therefore any rifle with a barrel under 16" is a SBR. You might get away with claiming it was a bit ambiguous however then it would be determined by intent. It's a sure bet that the intent was that any rifle with a barrel shorter than 16" is a SBR so it would not fly that way either.

 

[Nwcid]

False. Less then 16" barrel OR (not and) under 26" OAL.

Say you have a rifle that has a 16" barrel but is under 26" OAL it would be a SBR. This can be a problem with some "bulpup" style rifles since the action and stock can easily be under 15". This means some of them have to have longer then 16" barrels to be legal.

 

[SigPacker]

But it doesn't say "or" - it says "and"

 

[Nwcid]

"Short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length. Also any weapon made from a rifle by any means of modification if such modified weapon has an overall length of less than twenty-six inches."

There is a comma in there. That signifies the end of a thought and the start of another. It might be more clear if written the way I edited it.

It does not say BOTH are required to make it an SBR, it is saying either is required to make it an SBR.

 

[GunRightsCoalition]

Another nuance to this is that you cannot take a rifle and turn it into a handgun. "any weapon made from a rifle by any means of modification"

 

[SigPacker]

Thanks for the clarification.. that makes more sense.

 

[Stomper]

Then of course you add the NFA regulations on top of it and it is VERY CLEAR that it is and "either/or/and" specification of >16"/26" that'll land you 10-years in Leavenworth... Don't do it w/o the stamp in hand!

 

[Miyamoto Musashi]

bummer no ak pistol w/o papers please.

 

[Nwcid]

bummer no ak pistol w/o papers please.

Why not? Pistols are legal.......... AK or otherwise.

 

[Miyamoto Musashi]

Why not? Pistols are legal.......... AK or otherwise.

Your right, foot is now in my mouth.

 

[Mark W.]

UNLESS its an Original Winchester Trapper Model 1892 or 1894 with a barrel shorter then 16 inches and you have a Cody Letter stating it came that way from the factory in which case the ATF will issue you a letter stating that that particular rifle (ID'ed by serial number) has been classified as a Curio and Relic and is not subject to the requirements of a Tax stamp.

Original Winchester trappers came in 14" 15" 16" 18" and 19" barrel lengths.

P.S. it is also possible this same "waver" is available for other original pre 1934 short barrel rifles.

 

[twooheight]

How does one obtain a "Cody letter"? I know a guy who has a factory 14" barrel Winchester. He knew it was grandfathered in somehow but was not sure how.

As for the barrel length/OAL thing on rifles after 1934, it is either. I am currently building a Suomi M31. To do so legally, (without filing for SBR papers) I will have to permanently affix a 4" extension to the barrel even though the OAL of the rifle was already over 34"

UNLESS its an Original Winchester Trapper Model 1892 or 1894 with a barrel shorter then 16 inches and you have a Cody Letter stating it came that way from the factory in which case the ATF will issue you a letter stating that that particular rifle (ID'ed by serial number) has been classified as a Curio and Relic and is not subject to the requirements of a Tax stamp.

Original Winchester trappers came in 14" 15" 16" 18" and 19" barrel lengths.

P.S. it is also possible this same "waver" is available for other original pre 1934 short barrel rifles.

 

[Mark W.]

You have to write to the Museum in Cody Wyoming they will then do a serial number search and issue you a letter that states the configuration the rifle/carbine left the factory. You would then use that letter to contact ATF and get the rifle/carbine serial number added to the list. This service is not free.

http://centerofthewest.org/explore/firearms/firearms-records/
[email protected]

 

[twooheight]

Thank you very much. I will pass on this information to him.

You have to write to the Museum in Cody Wyoming they will then do a serial number search and issue you a letter that states the configuration the rifle/carbine left the factory. You would then use that letter to contact ATF and get the rifle/carbine serial number added to the list. This service is not free.

http://centerofthewest.org/explore/firearms/firearms-records/
[email protected]