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View Full Version : LEO, SBR exemption?


Tripper
06-09-2011, 12:01 PM
Given the following circumstances
LEO, has obtained personal AR.
In it's current configuration is legal for anyone to own,(bullet button, etc...)
Could be sold to anyone not otherwise prohibited

Now same LEO takes this AR (rifle) lower, and attaches a 10" upper, thus creating a short barreled rifle.

Is this LEO exempt from short barreled rifle restriction?

tgriffin
06-09-2011, 12:04 PM
hahaha no, unless it is a department issued rifle.

CSACANNONEER
06-09-2011, 12:05 PM
LMAO!

It would make him/her eligible for a 10 year, all expenses paid vacation at club fed. A LEO is not exempt from the NFA act of 1934. Dept owned and issued weapons are a different story.

bwiese
06-09-2011, 12:17 PM
SBRs are illegal not only under Fed law but under CA law as well.

For a personal gun it'd need to be NFA'd and (essentially impossible now) have CA DOJ-issed Dangerous Weapons perm it.

Without that paperwork, if that guy even has the upper separated from gun but still in possession, he (illegally) 'constructively possesses' an SBR - unless he also has a legit AR pistol or valid pistol receiver to offer a legal outcome for that upper.

Tripper
06-09-2011, 12:32 PM
Thanks for the answers.

Interesting
My first guess would be that LEO would be exempt

As to having a pistol lower, in not sure where there could be a "constructive possession" as that would suggest I could not purchase a 10" upper by itself as I would have no way to make it a legal pistol, absent a lower. I cant create a complete firearm from that yet but the statement would suggest if i had a rifle lower and a rifle upper and a pistol lower and pistol upper that I could not sell or otherwise dispose of the pistol lower without constructively creating a SBR. I'm just not entirely sure that statement holds up, although I wouldn't put it past some.

tacticalcity
06-09-2011, 12:33 PM
Some departments issue them. Almost always to SWAT team members. They are often full-auto or select-fire as well. An instructor I train with was issued such a rifle. But they are not the officer's personal rifles. That can't happen in this state.

Depresses the heck out of me because my issued rifle had a 11.5" barrel and was full-auto. I can't even build a semi-auto clone of it because of the barrel length. I built an AR pistol based on it a while back, but without the stock it is next to useless. So much for a nostalgia build.

Spaceghost
06-09-2011, 1:04 PM
Wasn't there a knuckle head LEO a few years back that made an SBR and the DA decided not to press charges? I think it happened in So Cal. Lucky dude.

dantodd
06-09-2011, 2:24 PM
As to having a pistol lower, in not sure where there could be a "constructive possession" as that would suggest I could not purchase a 10" upper by itself as I would have no way to make it a legal pistol, absent a lower. I cant create a complete firearm from that yet but the statement would suggest if i had a rifle lower and a rifle upper and a pistol lower and pistol upper that I could not sell or otherwise dispose of the pistol lower without constructively creating a SBR. I'm just not entirely sure that statement holds up, although I wouldn't put it past some.

If you have the parts to make an SBR and no other legal outlet for the parts then you possess the illegal configuration via "constructive possession." So, if you have an AR pistol and sell the lower but retain the upper and you simultaneously own a non-pistol lower that the upper fits you are committing a federal and state offense.

Ubermcoupe
06-09-2011, 7:18 PM
Some departments issue them. Almost always to SWAT team members.

Also for special purpose. A buddy of mine here in LG has one issued to him because he's a motor officer. Threw me for a loop when I first saw it on the back of his bike... All Colt. One of these days I will make it out to the range with him, maybe I'll take pictures! ;)

yellowfin
06-09-2011, 7:32 PM
Be forewarned, SBR's are LOUD! If they're LE, get them to quiet it down to hearing safe level.