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April 23rd, 2021

Don’t Get Caught Short — Make Sure Your Barrels Are Legal Length

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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November 3rd, 2019

Know Your Rights as a Law-Abiding Gun Owner

U.S. Law Shiled gun law videos self-defense police

Politicians need to justify their existence. That means they are constantly writing new laws, even when none are needed. For example, in California, corrupt Democratic Gov. Newsom signed 15 new gun laws last month, none of which will actually do much to cut crime (but these statutes will create problems for law-abiding gun owners). With each passing year, it gets more difficult to comply with all the new gun laws. With legal requirements constantly in flux, it can be difficult for gun owners to keep track of their responsibilities under state and federal law. Thankfully, USLawshield.com has prepared summaries of recent federal and state legislation.

In addition, U.S. Law Shield has created a series of videos that spotlight important legal issues (and situational challenges) gun owners can face. Here are five Law Shield videos covering important legal matters for firearms owners.

Five Important Videos That Can Keep You Out of Jail

Every day innocent legal gun owners are questioned by police in public. Understand the three types of contact you might have with police, what your rights are during the contacts, and if you have to tell the officers you are carrying a firearm.

Do you plan to travel through multiple states with firearms in your vehicle? Federal AND state laws are involved. You should check the regulations of ALL the states (and big cities) you will be visiting along the way. There are definitely some areas to avoid (such as New Jersey and New York City).

Gun owners can find themselves in trouble with the police for a variety of reasons. You need to know what to do after a self-defense use of firearms. You also need to know how to comply with regulations on carry, storage, and transport of firearms.

Laws governing gift transfers of firearms vary from state to state. Before giving a gun, even to a close family member, you should check the statutes in your jurisdiction. If you have any doubts, it may be better to give a pre-paid gunshop gift card, rather than the firearm itself.

Your firearm was just stolen. What are your next moves? Most people aren’t taking the right steps in this situation. Law Shield Attorney Richard Hayes helps you avoid three common mistakes gun owners when guns have been stolen.

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June 23rd, 2019

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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November 13th, 2018

Gun Laws By State — FREE Detailed Guides to State Regulations

Gun Laws by State PewPewtactical.com Pew Pew Byran Ciyou attorney book

Gun Laws by State PewPewtactical.com Pew Pew Byran Ciyou attorney bookWill you be traveling to other states this winter? Are you concerned about the laws that might apply when you are transporting firearms across state lines? Or are you puzzled about the requirements for obtaining a carry permit in your own state? If you have any of these (and related questions) you should definitely get some expert guidance on State statutes and regulations controlling firearms. To do that, you can purchase Attorney Bryan Ciyou’s comprehensive Gun Laws by State reference book. This is worth the money, and the $20 cost also includes access to an online legal database and other services.

If you don’t want to spend the twenty bucks, there is a good FREE alternative. There’s a very helpful set of State Law Summaries on the web, presented by PewPewTactical.com. Despite the silly name, the PewPewTactical website has an abundance of information that is particularly beneficial for pistol shooters and CCW holders.

One of the best features of PewPewTactical.com is the Gun Laws by State online reference guide. We looked through four of these State Law Summaries (including our home state California) and were impressed by the depth of the coverage. But we caution — if you have specific legal questions, particularly with recently enacted statutes, you will want to consult a licensed attorney for your state (or the state to which you will travel). Below are links to state law articles from PewPewTactical.com. To access any State summary, simply click the State name below:

Gun Laws by State — FREE Law Summaries

CLICK state name to access each article.

Alabama Gun Laws

Alaska Gun Laws

Arizona Gun Laws

Arkansas Gun Laws

California Gun Laws

Colorado Gun Laws

Connecticut Gun Laws

Delaware Gun Laws

Florida Gun Laws

Georgia Gun Laws

Hawaii Gun Laws

Idaho Gun Laws

Illinois Gun Laws

Indiana Gun Laws

Iowa Gun Laws

Kansas Gun Laws

Kentucky Gun Laws

Louisiana Gun Laws

Maine Gun Laws

Maryland Gun Laws

Massachusetts Gun Laws

Michigan Gun Laws

Minnesota Gun Laws

Mississippi Gun Laws

Missouri Gun Laws

Montana Gun Laws

Nebraska Gun Laws

Nevada Gun Laws

New Hampshire Gun Laws

New Jersey Gun Laws

New Mexico Gun Laws

New York Gun Laws

North Carolina Gun Laws

North Dakota Gun Laws

Ohio Gun Laws

Oklahoma Gun Laws

Oregon Gun Laws

Pennsylvania Gun Laws

Rhode Island Gun Laws

South Carolina Gun Laws

South Dakota Gun Laws

Tennessee Gun Laws

Texas Gun Laws

Utah Gun Laws

Vermont Gun Laws

Virginia Gun Laws

Washington Gun Laws

West Virginia Gun Laws

Wisconsin Gun Laws

Wyoming Gun Laws

Washington, D.C. Gun Laws

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August 23rd, 2016

Web Seminar Covers New California Gun Laws

california gun law webinar seminar Michel & Associates

Earlier this summer, California Governor Jerry Brown signed six restrictive new gun laws. Less than 24 hours after they arrived on his desk, Brown signed six anti-gun bills railroaded through the Democratic-controlled California Legislature. This legislation imposes many new burdens on California gun-owners and criminalizes conduct that was heretofore legal. With little public debate, these bills were rushed through the legislative process. And now Californians are facing the disturbing consequences.

FREE Online Webinar on California Gun Laws
To help Californians understand their responsibilities under the new gun laws, the Michel & Associates law firm is hosting a free online seminar this week. As space is limited, advanced registration is required for the seminar. CLICK HERE to REGISTER.

The seminar will be held, Wednesday, August 24, 2016 at 12:00 pm (PT). This live webinar will explain how the new gun laws will affect gun owners, when they will go into effect, and what citizens need to do to comply with these laws. The seminar will be hosted by C.D. Michel and Joseph Silvoso, lawyers with Michel & Associates. Important topics will include:

SB 1235 (Ammunition Purchase Bill): This new law requires the California Department of Justice (DOJ) to record ammunition vendor and ammunition purchaser information. This ill-conceived legislation has caused much confusion. It is unclear how AB 1235 will affect mail-order purchases of loaded ammunition from vendors outside the state.

SB 1446 (Magazine Ban): SB 1446 which will require Californians to forfeit, destroy, or ship out of the state ALL firearms magazines that can hold more than ten rounds. Owners of legally-obtained magazines, previously “grandfathered”, will receive no compensation though they must give up their property. Those who fail to comply will be fined and charged with an infraction, a low-level crime. This magazine restriction goes into effect July 1, 2017.

Other California Gun Laws Signed by Gov. Brown:

AB 1135 (Levine) and SB 880 (Hall) Firearms: Assault Weapons – Expands the definition of assault weapons based on whether a semiautomatic firearm has a detachable magazine, banning thousands of popular firearms.

AB 1511 (Santiago) Firearms: Lending – Makes it illegal to loan a firearm to a person who is personally known to you (except for family members with restrictions).

AB 1695 (Bonta) Firearms: False Reports – Creates a 10-year prohibition on owning firearms for someone convicted of falsely reporting a lost or stolen firearm.

california gun law webinar seminar Michel & Associates
Graphic courtesy The Daily Shooter YouTube channel.

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August 2nd, 2010

Truckers Side with Gun Owners in Opposing California Law

OOIDA truckers unionThe Owner-Operator Independent Drivers Association (OOIDA) has joined the Calguns Foundation, the NRA, the Folsom Shooting Club and two individual truckers to challenge AB 962, California’s soon-to-be-implemented ban on the interstate shipment of handgun ammunition to California.

The law will criminalize the delivery and transfer of handgun ammunition not done in face-to-face transactions. OOIDA’s attorneys have filed a new lawsuit, OOIDA et al v. Lindley, U.S. District Court (E.D. Calif.), alleging that the provisions of AB 962 violate the Federal Aviation Admin. Authorization Act, which prohibits states and local municipalities from interfering with carriers’ rates, routes or services. Previously, two ammo-makers and the Shooting Sports Director for the Paralyzed Veterans Assn. of America filed another lawsuit challenging AB 962 on the grounds that it violates the Commerce Clause of the U.S. Constitution.

AB 962 California Gun BanLast year, Governor Schwarzenegger signed Assembly Bill 962 into law, which goes into effect February, 2011. The law will criminalize the delivery and transfer of handgun ammunition not done in face-to-face transactions. It also requires shipping companies to implement procedures to determine whether the recipient of a package containing handgun ammunition is covered by one of the exceptions in the law before delivering handgun ammunition in California. According to the OOIDA, this places a big burden on the shippers, and will make shipping ammunition to California much more difficult and likely more expensive.

Jim Johnston, OOIDA President, explained why his organization filed its lawsuit: “This isn’t about firearms or ammunition. Congress made an important decision to keep motor carriers free from a patchwork of burdensome regulation as we move America’s goods to market. We cannot allow California to subject our members to criminal liability where the state has no right to meddle.”

CLICK HERE for Complaint in OOIDA lawsuit, OOIDA et al v. Lindley.

CLICK HERE for Complaint in ammo-makers’ lawsuit, State Ammunition et al v. Lindley.

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