Acting at your peril
There is a fine line between AOWs and Short Barreled Rifles/Shotguns. It’s also fairly arbitrary and inconsistently enforced by ATF. And, despite being told by courts in some jurisdictions that ATF’s AOW rules for vertical grips are no good, ATF will prosecute you anyway. Ian looks at constructive possession:
This has been allowed to stand so far because no-one was sure if the Second Amendment guaranteed an individual right to a handgun or not, until the Heller decision. Now, of course, we have the guaranteed right to possess a functional firearm (specifically a handgun) in the home for the purposes of self-defense.
Given that, I can’t see the restrictions on SBS, SBR, or AOW standing.
January 3rd, 2011 at 12:56 pm
The law regarding so-called SBR’s is entirely stupid. Case in point:
http://www.onpointsupply.com/images/sbr_vs_bullpup_2.jpg
Top image = bullpup, barrel = 16″, not SBR. Anyone over 18 can go buy one from a store and walk out right then and there.
Bottom image = SBR, barrel < 16", booga booga!
January 3rd, 2011 at 1:32 pm
I see it as an issue of not only a right, but of an outdated law.
The overall length of the rifle/barrel/whatever, was intended to prevent the concealment of them, wherein the average person could not conceal anything longer than 26″. Given the flood of concealed carry licenses and the whole concealed movement, whether a rifle is concealable or not should not make one whit of a difference when really put to the test.
January 3rd, 2011 at 1:33 pm
Errrr, in other words,
bad law, no donut.
January 3rd, 2011 at 1:41 pm
Also, James, when the SBR laws were written the most powerful handgun round was a .357 magnum.
Of course that point is moot given the AR and AK pistols et al on the market…
Bottom line SBR laws are “Shoulder Stock=Booga Booga”
January 3rd, 2011 at 7:04 pm
Shoulder stock = booga booga… unless you’re sporting an ugly-ass bullpup.
January 3rd, 2011 at 8:37 pm
Part 2 here, sort of making @James’ point in far more words
January 4th, 2011 at 2:42 am
Nice article and I wish it was true because I’d love an SBR without the red tape. He reallt skips the 2A analysis though, and I’ve read more detailed post Heller/Mcdonald analysis (e.g. Volokh) that thinks length restrictions probably pass constitutional muster.