August 17th, 2018

Don’t Get Barrel-Busted! Federal Barrel Length Requirements

short barrel barreled rifle shotgun NSA tax stamp ATF legal brief guncollective.com

The Legal Brief is a feature of TheGuncollective.com that focuses on firearms rules and regulations. In this Legal Brief video, Attorney Adam Kraut explains key State and Federal regulations governing firearms, and explains how to ensure compliance with all applicable laws.

This five-minute video explains barrel length rules for rifles and shotguns, and also explains the best (and most fool-proof) methods to measure your barrel. In addition, the video explains how to measure firearm overall length. A rifle or shotgun which is less than 26 inches overall can also be classified as a “Short-barreled” rifle/shotgun subject to the NFA. NOTE: Under federal law “If the rifle or shotgun has a collapsible stock, the overall length is measured with the stock EXTENDED”.

Highlights of LEGAL BRIEF Discussion of Barrel Length and Firearm Overall Length

The ATF procedure to measure the length of a barrel is to measure from the closed bolt or breech face to the furthest end of the barrel or permanently attached muzzle device. ATF considers a muzzle device that has been permanently attached to be part of the barrel and therefore counts towards the length.

How to Measure Barrel Length: Drop [a] dowel or rod into the barrel until it touches the bolt or breech face, which has to be closed. Mark the outside of the rod at the end of the muzzle crown (if you don’t have a permanently attached muzzle device) or at the end of the muzzle device if it is permanently attached. Remove the rod and measure from the mark to the end of the rod. That is your barrel length[.]

Remember, if the barrel length is less than 16 inches, it is possible that the firearm could be a short barrel rifle (if you are building a rifle or it is already on a rifle) and if the barrel length is less than 18 inches, it is possible the firearm could be a short barrel shotgun (again if you are building a shotgun or it is already a shotgun). Both of these firearms would be subject to the purview of the National Firearms Act and would require the firearm to be registered accordingly.

How to Measure Overall Length:The overall length of your rifle or shotgun may also classify it as a Short Barrel Rifle or Short Barrel Shotgun. The overall length of a firearm is the distance between the muzzle of the barrel and the rearmost portion of the weapon measured on a line parallel to the axis of the bore. … If the rifle has a permanently attached muzzle device, that is part of the overall length. … If the rifle or shotgun has a collapsible stock, the overall length is measured with the stock extended.

READ FULL ARTICLE on Ammoland.com.

Links for this episode:

ATF Method for Measuring Barrel Length and Overall Length:
https://www.atf.gov/firearms/docs/atf-national-firearms-act-handbook-chapter-2/download
Firearm – 26 USC § 5845: https://www.law.cornell.edu/uscode/text/26/5845
Firearm – 27 CFR § 479.11: https://www.law.cornell.edu/cfr/text/27/479.11
Short Barrel Rifle – 18 USC § 921(a)(8): https://www.law.cornell.edu/uscode/text/18/921
Short Barrel Rifle – 27 CFR § 478.11: https://www.law.cornell.edu/cfr/text/27/478.11
Short Barrel Shotgun – 18 USC § 921(a)(6): https://www.law.cornell.edu/uscode/text/18/921
Short Barrel Shotgun – 27 CFR § 478.11: https://www.law.cornell.edu/cfr/text/27/478.11

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September 6th, 2013

NRA Joins Lawsuit Against Federal Phone Surveillance Programs

NSA phone surveillance eff.orgThe NRA has joined in an ACLU lawsuit challenging the Federal government’s vast domestic telephone surveillance program. Currently the National Security Agency (NSA) captures billions of telephone call records in a vast data-mining operation. As those records could reveal every person who makes a call to the NRA, shooting club, or gun store, the NRA claims the NSA call-tracking program could be used to create a de facto national gun registry. The NSA and/or other government agencies could easily create a list to identify and locate gun owners: “The government could simply demand the periodic submission of all firearms dealers’ transaction records, then centralize them in a database indexed by the buyers’ names for later searching.”

The NRA argued: “It would be absurd to think that the Congress would adopt and maintain a web of statutes intended to protect against the creation of a national gun registry, while simultaneously authorizing the FBI and the NSA to gather records that could effectively create just such a registry”.

The NRA claims the Federal Government’s telephone surveillance programs is unconstitutional: “The mass surveillance program threatens the First Amendment rights of the NRA and its members. The mass surveillance program could allow identification of NRA members, supporters, potential members, and other persons with whom the NRA communicates, potentially chilling their willingness to communicate with the NRA.”

The ACLU’s lawsuit, ACLU vs. Clapper, seeks an injunction to halt the NSA’s phone-surveillance program and also force the Federal Government to expunge all of its phone call records. Named defendants in the ACLU lawsuit the National Security Agency, the FBI, the Department of Defense, and the Department of Justice. The ACLU has welcomed the NRA’s participation in the lawsuit: “The range of voices joining the protest against mass government surveillance — not to mention the bipartisan storm that has swept Congress since the recent NSA disclosures — is a real testament to the fact that the government’s dragnet surveillance practices are offensive to Americans from across the political spectrum”.

Along with the NRA, other organizations have joined in the ACLU lawsuit against the NSA’s surveillance programs. These include the Reporters Committee for Freedom of the Press and several news organizations including Fox, National Public Radio, Bloomberg News and The New Yorker. In fact even Republican Rep. James Sensenbrenner of Wisconsin filed supporting briefs. Sensenbrenner is a co-author of the 2001 Patriot Act, which the NSA has cited as authority for its data-gathering program. Sensenbrenner believes that NSA’s vast phone-logging operations have gone well beyond anything contemplated by Congress in passing the Patriot Act.

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