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Discussion Starter #1
I have been lurking, and studying up here for some time now as I prepare to venture into the Mp5 world and have an NFA question for you all. I recall reading that "once a rifle, always a rifle", but does this still apply when a "pistol" is converted to an SBR? I would like to put together a reverse stretch or an sp89, but would like the option to put an endcap on the gun and still carry it as a pistol when space requires. (we can debate the defensive use of these firearms later). Question is, If I buy it as a "handgun" then register it as an SBR, can I never legally use it as a handgun again, or am I ok? Thanks for the insight!
 

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H&K Certified Armorer
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No, you can not go back to pistol status. I believe there is nothing preventing you from removing the stock, but it would still be an SBR regardless. And as such, all NFA rules still apply.
 

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Cool, I could care less about changing the "status" of the gun, just dont want to find myself in hot water for removing the stock once its officially an SBR. Thank you Chop!
 

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Again, it's still an SBR so you can't carry it. Even if you put the endcap on, it is NOT a pistol so don't treat it as such. And as I noted, I am not 100% certain you remove the stock. I don't see why not, but I do not know for certain. All I do know is that you can no longer carry it as a pistol.
 

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All I do know is that you can no longer carry it as a pistol.
Sure about that? Why? I commonly carried a 380 M-11 back in the day when I was young and stupid. Never found any rules against carrying an MG for self defense, although if I ever had to use it in any defensive situation, the prosecutor and lawyers would have had a field day.
 

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Sure about that? Why? I commonly carried a 380 M-11 back in the day when I was young and stupid. Never found any rules against carrying an MG for self defense, although if I ever had to use it in any defensive situation, the prosecutor and lawyers would have had a field day.
Depends on the state ... close friend also carried a 380 M11 when he just got back from the Marines as all the Tittle I guns were gone / sold off / given away when he was gone from home.
 

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Merchant of Death (Admin)
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State laws can and do vary wildly in what is and is not allowed to be carried in a legally concealed manner. Once you SBR the thing, the Fed really has nothing more than a cursory interest in the configuration evolution. Their main concern is that you properly apply, pay for the tax stamp, get approved and mark the thing. After that, feel free to change barrels, tweak the stocks/remove the stock, add a gimbal'd beer holder, etc.
 

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No, you can not go back to pistol status. I believe there is nothing preventing you from removing the stock, but it would still be an SBR regardless. And as such, all NFA rules still apply.

That's funny because in Indiana a sbr is a pistol.

We have a state law that describes what a pistol is. All the gun has to do is meet one of those criteria.


To use blanket statements is dumb.
 

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Grand Chazzar
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That's funny because in Indiana a sbr is a pistol.

We have a state law that describes what a pistol is. All the gun has to do is meet one of those criteria.


To use blanket statements is dumb.
Agreed !!!!
Furthermore....... Who says you can't "carry" an SBR ?
 

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What you carry in a given state is purely a function of state law. In many states you can open carry a pistol without a permit, or a long gun for that matter. You might run afoul of laws designed to prevent road hunting if you are in a motor vehicle.

I am licensed to practice law in Virginia. We are an open carry state and you can carry a loaded G3 slung over your shoulder if you want to. What you can't do it carry it concealed. There is a general statutory prohibition on carrying concealed firearms. A CHP creates an exception for carrying a handgun. The CHP statute specifcally provides that the exception doesn't include machine guns. So, I think in VA you can carry an M11 on your hip, but you can't carry it concealed. Generally, you can carry an SBR, but not concealed. There is, however, also a statute that says you can't carry a semi-auto rifle with a mag that holds more than 20 rounds, in a city unless you have a CHP.

The OP didn't say what state he was in. If you really want to carry your SBR with the stock off, I'd suggest contacting a lawyer licensed to practice in your jurisdiction if you really want to know. I realize that is an obnoxious answer, but my discussion of VA law demonstrates how complicated these issues can be.
 
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