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Author Topic: Have we been Misinterpreting the NFA??  (Read 1423 times)

TNFrank61

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Have we been Misinterpreting the NFA??
« on: May 25, 2017, 11:16:29 am »
Just a crazy question, have we been misinterpreting what the NFA really says about Short Barrel Rifles?  I mean it actually says less than 16" barrel OR less than 26" OAL so if we're over the 26" minimum can we have a barrel length shorter than 16" and still not have manufactured an NFA SBR?  Just throwin' this out there for discussion. Talk to ya'll later.



P.S.
Just to say it before someone else does. I know someone will say "Well, you just put that 10.5" upper on your Carbine lower and see what happens to ya'!" Yes, I know we're all under the impression that the NFA says we need a 16"+ barrel AND a 26" OAL but if you really read it it's not an "AND" it's an "OR" so it seems that as long as we're 26"+ the barrel length doesn't matter. You can be in possession of an "Illegal" SBR that actually HAS a 16" barrel if the OAL is less than 26" so it's the OAL that seems to matter more than the actual barrel length. 
« Last Edit: May 25, 2017, 11:22:17 am by TNFrank61 »
Luke 22:36 (NIV)
36 He said to them, “But now if you have a purse, take it, and also a bag; and if you don’t have a sword, sell your cloak and buy one."

"The Second Amendment of our Bill of Rights is my Concealed Weapons Permit, period."
- Ted Nugent

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    RetroG

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    Re: Have we been Misinterpreting the NFA??
    « Reply #1 on: May 25, 2017, 12:00:11 pm »
    Ok, the NFA says a rifle IS an SBR if it has a barrel under 16 inches, regardless of overall length OR it is an SBR if it's overall length is under 26 inches, regardless of barrel length.  It is an OR gate.  Either condition being true makes the gate true.

    The other way to look at it is that the NFA says a rifle IS NOT an SBR if it has a barrel over 16 inches AND it's overall length is over 26 inches.  It is an AND gate, meaning both conditions have to be true to make the gate true.


    The Shockwave firearm is not NFA due to a loophole in the way the law was written.  It isn't a handgun, because it is over 26 inches, not concealable and no pistol grip.  It isn't a shotgun because it never had a stock and the barrel is under 18 inches.  It isn't an AOW because it doesn't fall into any of the AOW definitions.  It is a firearm.  At least this is how it has been explained to me.

    ynotaz

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    Re: Have we been Misinterpreting the NFA??
    « Reply #2 on: May 25, 2017, 03:20:35 pm »
    Retro G is correct. 

    You are taking the "OR" logic of the rule backwards.  It is not that if 26" or 16 is NOT present then it does NOT fall under NFA, it is the opposite.  If it is NOT al least 26" or NOT at least 16" it falls under NFA.  If you fail either one it is under NFA, with minor exceptions for loopholes.

    NFA rules and their interpretation are sometimes stupid and illogical but they enforce them they exact way they are written or their added interpretations. 

    What is so important about May, 1986.....  Stupid.
    Finally found my new sig:

    https://youtu.be/yuEBBwJdjhQ?t=46

    TNFrank61

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    Re: Have we been Misinterpreting the NFA??
    « Reply #3 on: May 25, 2017, 09:13:15 pm »
    Yep, it's either of the situations, less than 16" OR less than 26" makes it fall under the NFA. Not one OR the other and that really sucks balls.

    Luke 22:36 (NIV)
    36 He said to them, “But now if you have a purse, take it, and also a bag; and if you don’t have a sword, sell your cloak and buy one."

    "The Second Amendment of our Bill of Rights is my Concealed Weapons Permit, period."
    - Ted Nugent

    ArizonaGunOwners.com

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    • ***