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Thread: HEADACHE

  1. #11
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    Quote Originally Posted by Scoop View Post
    Will it operate without the SB47? Yes. Therefore, you do not include it in the OAL.

    Will it operate without the non-pinned or welded brake? Yes. Therefore, you do not include it in the OAL. Measure to the end of the threads.

    If it is under 26" without the SB47 and brake, it's still a pistol both federally and per MI law.

    If it's over 26" without the SB47 and brake, it's a pistol federally but a firearm in MI. The only difference is: You can no longer carry it under your CPL.
    Sounds reasonable. That IS what federal law says... However, Michigan state law does NOT say this and it has never been tested in court... Best to get your legal advice from a lawyer... Which is why I treat anything 26" or over as if it were a long gun under state law. EVERY attorney I have talked to answers the question... "state law is unclear and it has never been tested in court."

  2. #12
    MGO Member Roundballer's Avatar
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    Quote Originally Posted by tlagnhoj View Post
    Sounds reasonable. That IS what federal law says... However, Michigan state law does NOT say this and it has never been tested in court... Best to get your legal advice from a lawyer... Which is why I treat anything 26" or over as if it were a long gun under state law. EVERY attorney I have talked to answers the question... "state law is unclear and it has never been tested in court."
    That is NOT what the Federal law says. THE LAW says "between extreme ends measured on a line parallel to the axis of the bore", and says noting about taking anything off. That is also why the Feds measure folding or collapsing stocks in the fully extended position.

    In several places this has been reinterpreted to mean from but-stock-plate to muzzle and has been recorded as such in NFA "guides", but that is just a clerks interpretation of the law.


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

  3. #13
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    Quote Originally Posted by Roundballer View Post
    That is NOT what the Federal law says. THE LAW says "between extreme ends measured on a line parallel to the axis of the bore", and says noting about taking anything off. That is also why the Feds measure folding or collapsing stocks in the fully extended position.

    In several places this has been reinterpreted to mean from but-stock-plate to muzzle and has been recorded as such in NFA "guides", but that is just a clerks interpretation of the law.
    Go back and read some more... Removable muzzle devices are NEVER included in the measurement... EVER! They have adopted the same standard for SBs... Although I BELIEVE that is case law not statute.

  4. #14
    MGO Member Roundballer's Avatar
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    Quote Originally Posted by tlagnhoj View Post
    Go back and read some more...
    I would suggest the same.... Just add some comprehension to the words.

    Quote Originally Posted by tlagnhoj View Post
    Removable muzzle devices are NEVER included in the measurement... EVER!
    Removable muzzle devices are also NEVER excluded in the LAW.... 27 CFR § 479.11 - Meaning of terms.
    Barrel length is (generously in my opinion) treated differently and acknowledged in the law.

    Quote Originally Posted by tlagnhoj View Post
    They have adopted the same standard for SBs... Although I BELIEVE that is case law not statute.
    I don't recognize your acronym of "SBs", so I don't what you are trying to say there.
    I also keep asking for the case law, and if it is true and applies to us, IT WILL be published!


    Life Member, NRA, Lapeer County Sportsmen's Club Disclaimer: I Am Not A Lawyer. Opinions expressed are not representative of any organization to which I may belong, and are solely mine. Any natural person or legal entity reading this post accepts all responsibility for any actions undertaken by that person or entity, based upon what they perceived was contained in this post, and shall hold harmless this poster, his antecedents, and descendants, in perpetuity.

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