SBR's and muzzle devices.

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Sephiroth

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Okay. This is a situation of disappointment for me, both for my assertions and for the fact that I even have to bring this up, but I gotta know.

Before I go on, I have to say that I recall from everywhere I've gone, everything I've read, everyone else I've asked has said that rifle barrels must be at least 16", either as one whole piece, or by the barrel with a permenantly attached muzzle device to make it all one piece.

But I must digress briefly.

So I go to our local outdoor range, Range 1 (www.range-1.com), since I haven't been there since I used to go shooting with pops. It's been at least ten years now, but it pretty much looks the same as it always has. Anyway, they have a shop attached to it which isn't that extensive in selection or ammunition, but it does have an impressive AR selection of which the owner has built himself. I showed up at the opportune time where no one was there, at all. The only guy there was some older gentleman sitting behind the counter reading a magazines or catalog of some sort in total silent solitude. The type of situation where all you could hear was the ceiling fan creak slowly in its oscillating revolutions on its axis. No music, no radio, no TV. The goodoldboy behind the counter goes through the brief greeting routine, and says I'm welcome to look around. After asking him the rates, I'm gestured to cant my eyes over to the information paper tray, and become somewhat dismayed for what I find. $15 for an all-day pass at the range, but no hourly rates. I express my chagrin at this to him, at which he shrugs and explains to me that it's just how it is, and that hunters sometimes show up to put one bullet down the range and then pack up. I decide that this is indeed just how it is and how it's been, though I do remember there being hourly rates. Of course you could rent things you don't have or didn't bring enough supply of, such as ear plugs, eye-protection, plinking ammo, or even rent a few old long arms on the rack on top of the fee. Anyway, my first question follows: Is this normal for anyone else out there lucky enough to have outdoor (pistol/rifle/shotgun) ranges? Since this is the only range I know of, am I simply being a newbie to be put off by a cover-all $15 fee?

Anyway, he points out the array of AR's on the wall after I ask him if they can service them (owning a DPMS M4 type), telling me about how the owner is an AR-smith and can do almost anything I ask of. I notice that there are some SBR's there with an "NFA/Class III" rules apply, etc. Like, M4 types with 14.5" barrels with standard A2 flash hiders, and a 10.5" commando version. I casually mention that I've heard of people buying AR's that come with that full-legal length 16" barrel with an A2 who replace them with 14.5" barrels and 1.5" flash suppressors for a look closer to authentic than before. He nods and agrees, saying that as long as the muzzle device makes the barrel 16", then it's perfectly legal. I follow up with, "Yeah, but you need to permenantly attach them to the barrel by pinning/welding them," to which he replies, "No, that's not necessary. As long as you have it installed, or screwed on, it's fine. It doesn't need to be pinned or welded." This runs completely contrary with what I've read for the past several years. When I asked him if he was certain, he commented that it's true, and that the shop checked in with the Greensboro office of the ATF to confirm the same inquiry made by some soldiers with personal weapons that wanted to keep the original 14.5" barrel look without having to permenantly fix a muzzle device on it to achieve the legal length and said that some gun-law savvy lawyer that is friends with the owner informed them that it wasn't necessary, apparantly after confirming it with the ATF. At this, I'm completely put off from the place and lose all desire to proceed any further inquiry to spend my time and money there. We stare off at each other as if to butt heads, then he offers me the attorney's name, and when I ask him if I can get an office number to reach him, he replies with, "I'm not about to give you his number. I can give you the number to the ATF, though." By this time, I know he's irritated at me, and probably pegged me as a know-it-all type who likes to test people on their gun-fu knowledge (which I do on occasion, but only at actual gun shops, like the fools at Guns Plus in Spring Lake), though I'm equally irritated at him and pegged him to be an uninformed dealer of bad or assumed info. I accept that, get the number, and walk out after muttering something about him being very helpful.

Now I "know" I'm right and he's wrong, but he sat there as convinced as the sky is blue. So maybe it's a matter of conflicting egos here, but I want to be sure, for the sake of my better knowledge, and so I can be sure to correct that establishment and make sure that they aren't telling lies and encouraging others to violate federal law. Maybe I've been told wrong all this time? Afterall, everything I know about this subject is from second-hand information (mostly on the internet like the AR-15 forums, AK-47.net, vender FAQ's, etc), just like this guy got his intel from someone else that wasn't directly from the source. Maybe I need to actually look at the ATF rules in writing. But then again, maybe some of you can help me out with this.
 
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IANAL/ATF Agent, but from everything I've ever read about SBRs (and I read everything I can find about it) it has to be permanantely attached (silver solder, blind pinned, or welded usually). You could remove it in some of those cases without destroying the barrel but not without a lot of work.
I wouldn't go back and argue more with the guy though, he's not the "AR smith" and might have just misunderstood the owner. If they slap a 14.5" upper on a lower that isn't registered (as a SBR), with a phantom FH simply screwed on they are going to be in a lot of trouble I would imagine.
 
Not a chance

If the muzzle attachment isn't permanent, its an SBR, period. The man didn't know what he was talking about. He's likely to get busted, shot up, his house burned down on top of him and run over with Tanks....wait, no, that never happens.

I was in the gun business when I lived in FayetteNam (more than 10 years ago). It never ceased to amaze me how many dealers were unfriendly to their customers.

Pax Domini, etc...
 
You are right on the law; but I wouldn't be surprised if he was telling the truth about asking the ATF and getting a different answer. Working for a SOT, I once called three different ATF offices and got three different and conflicting answers to the same question.

A phone conversation from the ATF doesn't mean a thing in court unless you can definitively prove it happened and that it was reasonable for you to rely on the opinion (i.e. you didn't talk to the secretary). Unless he has a letter from the ATF, he will do prison time and lose his FFL if they ever decide to call him on it. On the bright side, he may be able to sue the "gun-savvy" lawyer for legal malpractice from his jail cell.
 
A couple small points that I am sure everyone here knows, but they were stated incorrectly in this thread:

"IANAL/ATF Agent, but from everything I've ever read about SBRs (and I read everything I can find about it) it has to be permanantely attached "

This is not true.
If it is an SBR, then it DOESN'T have to be permenently attached.
If it ISN'T registered as an SBR then it DOES have to be permenently attached.

"Before I go on, I have to say that I recall from everywhere I've gone, everything I've read, everyone else I've asked has said that rifle barrels must be at least 16", either as one whole piece, or by the barrel with a permenantly attached muzzle device to make it all one piece."

This is not true either. Contrary to what you read on boards such as this one, it is perfectly legal to have a rifle with a barrel shorter than 16". Absolutely, without question, perfectly legal. Yes, you have to have a tax stamp registering the rifle as a short barreled rifle, but the fact that you have to do this DOES NOT make it illegal. The fact that you have to register your car and have a license plate on it doesn't make car ownership illegal either.
 
IANAJBT/L, bu my advice would always be to interpret the situation in the most restrictive view possible. Risking a Ruby Ridge/Waco/"When JBT's Attack" is simply outside the limits of acceptable "calculated risk" in my worldview...
 
Another JR. ATF agent post.

How do you know the muzzle devices are not permanently attached or if the gun is a registered SBR.

By the sound an employee is not to knowledgeable about the guns and there seems to be a grudge about the price to shoot at the commercial range.

I thought gun owners were trying to stick together.
 
Thanks for the feedback guys.

gezzer: ... huh? The range price has nothing to do with it. It's also why I brought that up here, asking if that was a normal thing, or if it's as steep as I feel it is. There are no specific firearms in question here, just the information some guy fed me, under his assertion, that was supposed to be his word in lieu of the law. What if I was a naive gun-newbie who went to what I felt was a credible source of information on the matter and took his word for it and, as a consequence, made these modifications on my own? I've got no quarrel with that place. I came here to ask the community for some clarification on the matter. The most I have a mind to do is forward the link to this thread to their contact email and give them a head's up on the situation, so their misunderstandings don't turn into something more serious that otherwise could've been prevented. Since I just brought it up, by the way, would I be out of bounds by doing so, or should I just leave well enough alone?

By the way, is $15 all-day-only (no hourly rates) reasonable or no? I'm just askin'.
 
Posted by 444:
"IANAL/ATF Agent, but from everything I've ever read about SBRs (and I read everything I can find about it) it has to be permanantely attached "

This is not true.
If it is an SBR, then it DOESN'T have to be permenently attached.
If it ISN'T registered as an SBR then it DOES have to be permenently attached.
I probably worded this wrong. If your barrel measures less than 16" the lower has to be registered as a SBR AND has to state the length of the barrel and caliber on the form you submit to the ATF (I've heard of people using ranges like 7"-15" for barrels and .22-.500 for caliber but while some have been approved, the ATF has rejected some of those form 4/1s).

Also you are right about a SBR not being illegal. But if you don't register it with big brother it IS illegal and they will give you a long vacation in club fed if you are caught with it.
 
Right, as I said, I was sure you realized that and just mis-spoke.
However, I am a big fan of NFA weapons and I frequently see incorrect information posted on these boards. When I do, I try to set the record straight.
 
As for the range fees, I belong to the local gun club, where there is a $25 new member fee and a $25 a year membership fee, Unlimited range use for the year... and you can go at almost any time, (unless the range is being used for an organized event.)

All the clubs around here are pretty much the same, you pay a yearly membership fee and you can use the range all you want...
 
Sephiroth said:
It's also why I brought that up here, asking if that was a normal thing, or if it's as steep as I feel it is.

$15 for all day is not steep or unreasonable, in my experience, as long as it's not a per gun fee.

The range I usually shoot at charges $7 per gun for as long as you want. Most people usually claim two guns.
 
It's a $15 cover-all fee. Just to clarify:

Consider this. A buffet charges $15 for everything in the house. It's their only option they give you. For $15 you can have anything you want in there. That's great if you're hungry and want to exploit some pricier things in the trays, but what if you just want to have a drink, like a tea or a water? Welp, $15. You mean you can't just get the drink and pay for that by itself? Nope, $15.

That's what this is. No by the hour rates. So if I wanted to come to this range just to see where my rounds are going through my iron sights, ten rounds and fifteen minutes later, I'm done. I paid $15 to do that, even after bringing my own weapon and ammo. I think it's worth it if I came for a WHOLE day. Sort of like going to an amusement park that charges $35 for an all day pass. Sort of like an amusement park, too, you have to pay for anything else you want while you're there, such as more ammo if you didn't bring enough.

I'd consider getting a yearly membership, but for an individual it's $175 for a year. And then you still have to pay $3 a visit. Lifetime memberships never have to pay to shoot at the range anymore. So I checked the lifetime membership fee. $800? Come on.

Maybe I'm just a cheap bastard, I dunno. I can always go to an indoor range, since there's plenty of those around, for my pistols. But I need someplace besides sneaking away (to get away from the neighborhood per some noise ordinance) the woods in my backyard (owned by the army) to make the rifles go bang.
 
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A phone conversation from the ATF doesn't mean a thing in court unless you can definitively prove it happened and that it was reasonable for you to rely on the opinion (i.e. you didn't talk to the secretary).
Always get it in writing, that way you can have proof of what was said:)
Actually, when I called the Import Division to speak to Mr. Cooney (sp?) (also, anybody have his new office number, the DC one doesn't work anymore??), he was not in his office (on vacation), and his secratery took a message and recommended calling him back, since "he's really an expert!". She also said that I could talk to an inspector if it was an emergency, but it wasn't.
 
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