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This is a rifle

CrackPot

CrackPot

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HERR22B16.jpg


Heritage rough rider small bore 22LR with 1 16" barrel.

While federally this is a pistol, under MA law it is a rifle. That means it is not subject to "the list". It also means you cant carry it loaded and concealed (ok, good luck with that).

Not dissimilar to the determination that a SBS or SBR is a "firearm" under MA law and subject to "the list" and also therefore eligible to be carried loaded.

Came up last night when a bunch of FFLs were sitting around talking and one of them brought this out. I dont expect a rush of people running out to buy this oddity, but what it is under MA law is amusing.
 
one-eyed Jack said:
Brain teaser, Randy. What would it be with a smooth bore and a fore grip? Jack.
Click to expand...

That depends. Again, limiting ourselves to MA law here (federal is a different answer including Firearm or AOW depending which is not relevant).

Because the MA definition of barrel length includes the chamber or in this case the cylinder, the barrel length is over 18". This means it is NOT a firearm. But the definition of shotgun requires a AOL of 26". This results in a problem. The definition of sawed-off shotgun uses the word "modified". But it also says "modified or otherwise". I would bet it would get treated as a saw-off shotgun when they kicked your door down. The argument that it is not a firearm, shotgun or rifle would not aid your defense saying it was not a sawed-off shotgun.

If the barrel were shorter such that the MA definition was under 18" then it is back to a firearm and not interesting
 
How much is that thing?? In a free state? I have one with the 4.75” barrel, it’s a hoot!! Great starter gun for young kids and newbies, but even with the single action you’d be surprised how many rounds you’ll put through it per fun session!

Also, I thought you guys couldn’t have heritage rough riders down in mass due to some melting point BS??
 
CrackPot said:
That depends. Again, limiting ourselves to MA law here (federal is a different answer including Firearm or AOW depending which is not relevant).

Because the MA definition of barrel length includes the chamber or in this case the cylinder, the barrel length is over 18". This means it is NOT a firearm. But the definition of shotgun requires a AOL of 26". This results in a problem. The definition of sawed-off shotgun uses the word "modified". But it also says "modified or otherwise". I would bet it would get treated as a saw-off shotgun when they kicked your door down. The argument that it is not a firearm, shotgun or rifle would not aid your defense saying it was not a sawed-off shotgun.

If the barrel were shorter such that the MA definition was under 18" then it is back to a firearm and not interesting
Click to expand...


Note that it says SMALL BORE, not SMOOTH BORE, so it's not a shotgun.
 
CrackPot said:
Please go back and read again. Jack was proposing a hypothetical brain teaser asking if it was SMOOTH bore what would it be.

Does your foot taste good?
Click to expand...
Reading comprehension is a struggle for some.
 
Since we are playing brain teaser games with this one, here's another. If you were to own this in Massachusetts, can you legally shorten the barrel?

Since it is already a pistol by Federal law, I am assuming that it would not be a Federal violation to shorten the barrel. Or is there still some Federal rule that would apply? And does Mass state law also have a provision about converting what Mass thinks is a rifle into what I would call a pistol, but Mass would probably call a firearm?

I try to maintain a basic understanding about what defines NFA firearms, but the edge cases can easily get tricky.
 
CrackPot said:
HERR22B16.jpg


Heritage rough rider small bore 22LR with 1 16" barrel.

While federally this is a pistol, under MA law it is a rifle. That means it is not subject to "the list". It also means you cant carry it loaded and concealed (ok, good luck with that).

Not dissimilar to the determination that a SBS or SBR is a "firearm" under MA law and subject to "the list" and also therefore eligible to be carried loaded.

Came up last night when a bunch of FFLs were sitting around talking and one of them brought this out. I dont expect a rush of people running out to buy this oddity, but what it is under MA law is amusing.
Click to expand...
Interesting take on the old Buntline Special concept, but for that amount of length and bulk, I'll go with a full-stock .22 rifle topped with a 4X scope to take advantage of the inherent accuracy of the round.
 
straightshooterjake said:
Since we are playing brain teaser games with this one, here's another. If you were to own this in Massachusetts, can you legally shorten the barrel?

Since it is already a pistol by Federal law, I am assuming that it would not be a Federal violation to shorten the barrel. Or is there still some Federal rule that would apply? And does Mass state law also have a provision about converting what Mass thinks is a rifle into what I would call a pistol, but Mass would probably call a firearm?

I try to maintain a basic understanding about what defines NFA firearms, but the edge cases can easily get tricky.
Click to expand...
Im not a lawyer:

Federally it is a pistol (i think) but the state considers it a rifle.

According to the feds you cant chop a rifle into a pistol, but you can turn a pistol into a rifle.

I dont know how the state looks at conversions like that, but it would be awesome if you could get this revolver and chop it into usable pistol size or buy another barrel. Im not aware of any state law that mirrors federal law so i think you may be good to chop away?

Someone more lawyery than me can critique my points.
 

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