Clarification on "pistol" versus "firearm" NH and ATF

[teamRR]

Not looking for legal advice here just your opinion.

I have a theoretical assembly in mind, certainly do not have all the parts dry fit on the bench with a tape measure next to them or anything.

My understanding is NH basically measures the barrel (minus muzzle devices, not that it matters to me here) to call something a pistol, correct? Less than 16 pistol, more then rifle?

Then ATF on the other hand adds additional specifications that it can't have a rifle "stock", must be < 13.5 inches of pull, and it is < 26 inches OAL (measured with muzzle devices removed if possible)... if everything else met but it is > than 26 inches OAL it is not a pistol but a firearm, not subject to NFA just no longer a pistol? (also not of interest to me here provided I have the rest right).

Is that all accurate?

 

[BarnBuilder]

Here is an article from USCCA not that long ago that may help.

 

[Kevin_NH]

New Hampshire law does not need to match up with the federal law, the definitions are different; you're expected to be in compliance with both.

For example, my registered SBRs are NFA "rifles" under Federal law, but in New Hampshire they are pistols (because RSA definition is based solely on barrel length).

My understanding is NH basically measures the barrel (minus muzzle devices, not that it matters to me here) to call something a pistol, correct? Less than 16 pistol, more then rifle?

For a person over 18 who is not carrying loaded in a vehicle, there's little reason to be concerned with classification under NH state law.

 

[drgrant]

New Hampshire law does not need to match up with the federal law, the definitions are different; you're expected to be in compliance with both.

For example, my registered SBRs are NFA "rifles" under Federal law, but in New Hampshire they are pistols because our law is based solely on barrel length.

Best answer right here.

 

[teamRR]

Cool thanks guys - I am putting a 4 inch muzzle device on an 8 inch barrel pistol build that pushes it up > 26 inches oal. So my concern basically was #1 that a "long pistol" doesn't somehow violate something ATF wise I never was aware of - reading everything I can find indicates thats a negative, is legal. Then secondly if NH was going to call it a rifle by law somehow, also negative - which comes into play in the car.

First time doing a pistol, as we know these things can get pretty technical so wanted to sanity check.

Am not using a forward grip so don't care about the whole ATF pistol versus firearm thing really.

 

[TomMalthus]

Here is an article from USCCA not that long ago that may help.

Barnbuilder - I think the document you attached is outdated. Stuff done changed again.

 

[PD7]

What's the purpose for the 4 inch muzzle device making it over 26 inches OAL if you're not going to be running a vert grip, if you don't mind me asking . . .

 

[drgrant]

There is no purpose to it basically he's engaging in confusing mental gymnastics that aren't necessary. Put a brace on it, AFG or not, and be done with it instead of engaging in legal prancing.

 

[drgrant]

Cool thanks guys - I am putting a 4 inch muzzle device on an 8 inch barrel pistol build that pushes it up > 26 inches oal.

 

[ColdDayInHell]

View attachment 383335

Yeah, I'm lost.


View: https://www.youtube.com/watch?v=R_4Z_zsdMSk

 

[teamRR]

What's the purpose for the 4 inch muzzle device making it over 26 inches OAL if you're not going to be running a vert grip, if you don't mind me asking . . .

I'm not sure I understand what you are asking but basically I was trying to make sure by adding the muzzle device I wasn't getting into some entanglement of rules not previously considered.

Am using a 4 inch linear comp, kaw aluminum version that doesn't weigh much, because as advertised they help alleviate blast from the shooters perspective and the 4 inch model reportedly does it better than the shorter one.

Is a 9mm colt AR, 8 inch barrel, Spikes recievers & BCG, the rest Aero and BA parts, destined for a binary trigger. The idea is basically go with the quietest and least recoil generating round that is still effective, use a barrel length on the top end and a linear comp to direct blast away from shooter, maximize rate of fire. Basically what can be done minus paperwork.

Just a toy really like everything else, but if its reliable and works in the spirit intended it will have a practical purpose too.

 

[PD7]

If you just like the comp, then that's fine. But there is no legal reason to need a comp that's 4 inches long to make it 26 inches OAL.

Also just an FYI, OAL is measured on an AR pistol from the rear of the buffer tube with the brace removed.

 

[teamRR]

If you just like the comp, then that's fine. But there is no legal reason to need a comp that's 4 inches long to make it 26 inches OAL.

Also just an FYI, OAL is measured on an AR pistol from the rear of the buffer tube with the brace removed.

Yes the comp had nothing to do with a legal need rather when I measured it with the comp I realized it was > 26 (and possibly not without the brace now that you mention it) and them I started researching if that had any legal ramifications.

In the past I've built rifles, there is alot more wierd changing stuff written on pistols, so put this post up as a sanity check in case I was missing something.

 

[JRT]

Yes the comp had nothing to do with a legal need rather when I measured it with the comp I realized it was > 26 (and possibly not without the brace now that you mention it) and them I started researching if that had any legal ramifications.

In the past I've built rifles, there is alot more wierd changing stuff written on pistols, so put this post up as a sanity check in case I was missing something.

I can’t speak to NH but you have to meet the ATF guidelines. If the barrel is less than 16 and it’s over 26 inches your FIREARM can have a VFG. That’s 26 inches from the crown to the end of the buffer tube. You can add the muzzle device if it’s pinned and welded, silver soldered or fully welded. If it’s under 26 inches OL and a barrel less than 16 inches then you have a pistol. If you want to add a stock and you want a barrel shorter that 16 inches it’s an SBR and needs a stamp. In PA a barrel shorter than 16 inches is a “pistol” in state. Here in PA that requires the state police record of sale form, which is not a registration they say. It does allow for carrying a loaded SBR in your car though.