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View Full Version : What if FFL accidentally transfers pistol as a rifle?


Davidwhitewolf
12-21-2008, 11:22 AM
I collect specialty pistols (pistols that shoot rifle cartridges), so I could see something like the following scenario occurring:

Private-party transfer (exempt from not-unsafe list) of an XP-100 .223 handgun with 15" barrel. Owner thinks its a rifle because of caliber and OAL greater than 26," and because he measures the barrel from the wrong point and thinks it's 16." FFL doesn't know any better and transfers it as a rifle.

Would buyer now be in possession of a short-barreled rifle, even though the manufacturer listed the receiver as a handgun at the factory?

I'm thinking that he would not have an SBR, because a handgun is a handgun, it's just that his handgun wasn't transferred to him properly.

If so, how would the buyer remedy this situation? Voluntary registration of the handgun as a handgun?

freakshow10mm
12-21-2008, 11:48 AM
No. A SBR must have or have had a shoulder stock attached.

leelaw
12-21-2008, 1:00 PM
The FFL doesn't cause a handgun to be a rifle, or a rifle ot be a handgun because of the way they DROS it. What the purchaser would have at this point is an improperly transfered, unregistered handgun.

I don't know what the fix would be for that.

bwiese
12-21-2008, 1:05 PM
The above is correct.

I would however have worries that a stripped frame/receiver miscategorized as rifle receiver might cause one some grief.

Davidwhitewolf
12-21-2008, 7:11 PM
Thanks for the comments! After some thought, I think I'd probably tell the owner to remedy the situation by putting a inch-and-a-half-long muzzle brake on the thing, permanently affixed. Solves the problem, and most SPs deserve a good brake anyway.

FortCourageArmory
12-21-2008, 8:22 PM
I don't know what the fix would be for that
FFL would have to cancel the improper DROS and re-DROS it properly as a handgun. That means the 10-day clock restarts. Profuse apologies to the purchaser would also be expected. If the FFL is worth a damn, they would refund the $25 DROS fee as a show of good faith. Were it me, I would most likely give the purchaser a discount on their next purchase.

As Leelaw said, the DROS process can't turn a handgun into a rifle or a rifle into a handgun.

hawk1
12-21-2008, 8:35 PM
Thanks for the comments! After some thought, I think I'd probably tell the owner to remedy the situation by putting a inch-and-a-half-long muzzle brake on the thing, permanently affixed. Solves the problem, and most SPs deserve a good brake anyway.

I don't believe this will solve the problem or remedy the situation.

bohoki
12-21-2008, 10:42 PM
the ffl would need his head examined and it will surely be spotted during an audit

the transferor and transferee didn't break any rules

but expect a letter or phonecall from the ffl begging you to come back and finish some paperwork he "forgot"

xp geez the p stands for pistol
hmm maybe big 5 would do that

Davidwhitewolf
12-21-2008, 10:44 PM
Hmm. You are right, it would only remedy the situation if the gun had NOT been specifically designated as a handgun by the manufacturer.