View Full Version : Selling a short barrel for a rifle

03-06-2012, 10:25 AM
My father and I bought two surplus barrels at the same time, for galils. The barrels measure 13" in length. I had my receiver and kit sent to a smith before I took control (drosed), had the rifle built and a muzzle brake pinned on to make it legal prior to taking possession. My father considered building a pistol, but now decided he would rather dump the barrel, he has no kit, no receiver. He asked if I could help him sell it. Honestly I do not want to fall into an constructive possession, but I want to help him, what if anything can I do?

03-06-2012, 10:34 AM
Isn't it just a steel tube? I only think it will be a problem if it is mounted to a rifle or carbine. Might want to mention it to any interested buyers.

03-06-2012, 10:58 AM
it is literally the barrel and nothing else attached.

03-06-2012, 12:05 PM
I think it's only an issue if the person puts it on a rifle (constructive possession, maybe?). It is perfectly legal to buy a 7.5" AR upper to put on an AR pistol.

03-06-2012, 12:10 PM
Selling a short barrel is not going to fall under constructive possession since there is a clear chain of evidence that you are trying actively to REMOVE it from your possession :)

Honestly, you should be fine. Just sell them off and be done with it.

03-06-2012, 12:28 PM
CA and Fed have two sets of SBR laws with different constructive possession criteria. We know a bit more about Feds from case law & agency opinion than we do about CA's.

I myself would be hesitant to own a short (under 16") barrel if I only owned a rifle that matched it and didn't at least own a pistol/pistol receiver that matched it.

We have no real handle on how far CA's SBR constructive possession goes - look how Rooney got reamed for *following ATF guidance*.

I'd get rid of it ASAP and I'd also courteously warn buyers about SBR issues.

03-06-2012, 1:09 PM
There would be a constructive possession if you were to take possession of the 13in barrel and your rifle at the same time. Not good. He can sell it no problem, and you can help him, make an ad.. etc, just don't take possession of it. IANAL

03-06-2012, 3:16 PM
Galils aren't like most AK's out there, it depends on your barrel but they need to be timed and headspaced with shims or some machine work to get it right, then it needs to be torqued to around 100 ftlbs. It's going to be a tough stretch to get dinged for constructive possession on a barrel that needs that much work, let alone if you don't even have a kit or receiver.

03-06-2012, 3:34 PM
A barrel is not a rifle. You can own a barrel of any size. Only when it's on a rifle is it a SBR.

AR Pistols are a great example.

03-06-2012, 3:58 PM
I just found this which actually really surprised me.
If you own an AR, then yeah it does sound like it can get sketchy.

(2) As used in this section, a "short-barreled rifle" means any of
the following:
(A) A rifle having a barrel or barrels of less than 16 inches in
(B) A rifle with an overall length of less than 26 inches.
(C) Any weapon made from a rifle (whether by alteration,
modification, or otherwise) if that weapon, as modified, has an
overall length of less than 26 inches or a barrel or barrels of less
than 16 inches in length.
(D) Any device which may be readily restored to fire a fixed
cartridge which, when so restored, is a device defined in
subparagraphs (A) to (C), inclusive.
(E) Any part, or combination of parts, designed and intended to
convert a device into a device defined in subparagraphs (A) to (C),
inclusive, or any combination of parts from which a device defined in
subparagraphs (A) to (C), inclusive, may be readily assembled if
those parts are in the possession or under the control of the same

03-06-2012, 4:06 PM
Other than Bwiese, there's a lot of questionable advice in this thread.

Constructive posession can surprise you how broad it can be interpreted, and the SBR law is not something you want to take any chances with.

It sounds like you knew what you were doing when you built your rifle, so I would follow the same precautions and not take any chances. The barrel is worth a lot less than the cost of any trouble it may bring you.

Connor P Price
03-06-2012, 4:17 PM
I always want to have a method to assemble any parts I own into a legal functioning firearm.

You have your galil legally assembled, but is there any way you could assemble that barrel into a legally configured firearm with the parts you have? Without a pistol or a flash hider that you can pin, I doubt it. There is on the other hand, a way that barrel could be assembled illegally. If you have an illegal option available, but no legal option available (lenity outcome?) then you're cutting it sort of close.

What I've outlined here is not exactly the way the law spells it out. I'm not trying to spread fud, or suggest that doing it any other way than I would is definitely illegal. I'm just cautious about this stuff and that's my own personal philosophy. Do with it what you will.

03-06-2012, 5:14 PM
A barrel is not a rifle. You can own a barrel of any size. Only when it's on a rifle is it a SBR.


Stop spreading this, it's dangerous. CA has a huge section on constructive possesion of parts /situations where an SBR can result.

03-06-2012, 7:35 PM
Thanks for the responses. I will post an ad for him. And have him ship to whomever but will likely handle the money aspects for now since he is constantly tied up with work, nor has an account here. That is acceptable right?