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Here's a classic example of gun control laws going asinine. I really don't see the freaking point of this.
Could anybody tell me if what the guy is doing in the picture is legal?
Here are some premises:
1. He's shooting a semi-auto pistol with a barrel length less than 16 inches that he legally owns.
2. The suppressor is registered and legal.
3. He's not in a state that mandates legal gun owners must use reduced capacity magazines.
4. It's not an assault rifle - it's not even a rifle.
5. He's in a shooting range compliant with all the regulations.
6. He's not shooting at a paper target, not at people or anybody's property.
Is it legal? Ummm....yes. The weapon is an HK MP5. Its actually considered a band vu , and fires a handgun cartridge. All applicable laws are being followed. Why WOULDN'T this be legal? I'm not sure what your point is. Are you saying this shouldn't be legal, and if so...why not? Actually this weapon is considered a "pistol caliber carbine", because of the solid buttstock. Plus, the suppressor is added to the barrel for measurement of OAL. Its all on the up and up.
If that "brace" were properly strapped to his forearm as designed, then he would be shooting a pistol which is legal. Using the mag well as a foregrip is also legal, as long as it isn't modified specifically to be used as a foregrip.
If he rests the brace against his body as a shoulder stock (which is how most people use those so-called "braces"), then under the definitions used by the ATF that becomes a rifle. As it has a barrel less than 16" it must be registered as a Short Barreled Rifle. Assuming it is NOT registered, then it is illegal. Another way to make it legal is if the suppressor were permanently welded to the barrel. You didn't mention that, so I'm assuming it is removable so it does NOT count when measuring overall length.
He is resting the brace against his cheek and not his shoulder which is a legal gray area.
But ultimately, every time I've ever seen someone shoot with a forearm "brace" it was used as a shoulder stock at least a few times during the session. This makes it illegal under current definitions.
Last edited by An Einnseanair; 08-18-2016 at 09:47 AM..
If that "brace" were properly strapped to his forearm as designed, then he would be shooting a pistol which is legal. Using the mag well as a foregrip is also legal, as long as it isn't modified specifically to be used as a foregrip.
If he rests the brace against his body as a shoulder stock (which is how most people use those so-called "braces"), then under the definitions used by the ATF that becomes a rifle. As it has a barrel less than 16" it must be registered as a Short Barreled Rifle. Assuming it is NOT registered, then it is illegal. Another way to make it legal is if the suppressor were permanently welded to the barrel. You didn't mention that, so I'm assuming it is removable so it does NOT count when measuring overall length.
He is resting the brace against his cheek and not his shoulder which is a legal gray area.
But ultimately, every time I've ever seen someone shoot with a forearm "brace" it was used as a shoulder stock at least a few times during the session. This makes it illegal under current definitions.
Congratulations! You have the most correct answer.
The asinine part of the law is that if he, the shooter, put that stock thingy on his shoulder, he would instantly qualify for a felony charge but putting under his cheek is a OK!
How in the freaking world a normal citizen would know that?
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