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ATF and SBRs . . .What Just Happened?

319 views 6 replies 6 participants last post by  Rifleman-7.62  
#1 · (Edited)
Crusing through YouTube and stumbled across several conflicting videos on a court case about decisions on what actually constitutes a rifle under the NFA. . .and how that decision affects ATF regulations on SBEs.

The gun in question is called "Antithesis" and is chambered in .410 and .45 Long Colt. Basically, it is an AR platform PPC like a Taurus revolver carbine.


What is what today and what is likely to be the situation tomorrow?
 
#3 ·
i bet they goit rid of the $200 tax stamp so they can reinstate it later at $2 grand

careful with YT and alike , a lot of clowns on those sites are telling people in the chats that since the $200 was repealed that all they have to do is register it and all the other crap no longer applies , like state borders , possession , xfer , trusts , ect , the level of stupid floating around is amazing
 
#4 ·
#5 ·
ManxumFoe,

We are still in a state of flux on the SBRs. (not Flux Raiders :cautious:)

In the ShootingNewsWeekly article Para Pete linked I see a hole big enough to drive a truck thru - but I'm not a lawyer, or judge, or Franklin Armory.

Franklin Armory submitted the .45LC & .410 Antithesis. And the court ruled because it is designed to fire both rifle and shot shell it is not an NFA item.

From the ATFE letter linked in the article: "See 26 U.S.C. § 5845(c) (“The term ‘rifle’ means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger . . . .”); see also 18 U.S.C. § 921(a)(7) (similar)." - emphasis added

So ATFE thinks - okay court ruled we can't regulate the 45/410 Antithesis.

But Franklin Armory saw the court ruling as - no NFA on things designed to fire both traditional rifle rounds and shot shell. So Franklin designed a 5.56mm shot shell. With that, pretty much any new short AR-type would be non-NFA.

Of course ATFE does not like that and tells Franklin Armory to stop.

I think the wording of 26 USC above indicates if a 5.56mm AR-type is labeled (or re-labeled) something like "Chambered in 5.56mm & 5.56 shot shell" (indicating it was designed or re-designed to fire both) then ATFE would not have an NFA case. So the writers of USC 26 did not foresee guns shooting both single and shot shell projectiles. Not a happy day for ATFE because it looks to me like they are still over stepping.

Further, I would point out any rifled barrel shotgun can fire both smooth slugs and shot shell so maybe those now dance around NFA/AFTE.
 
#6 · (Edited)
Got it . . .Thanks.

Intreguing thoughts chase each other around in my coffee cup though.

One might be that instead of the AR system, it should be easier to adapt the AK system to .410/.45LC. . . .extractors and mags already deal

What is the diameter of 28 gage shells? Any centerfire brass cases that match up? Are there other shot shell to cartridge crossovers possible? Maybe something based on caliber designed for African stopping double rifles . . .the rimmed ones ending in "nitro" oe "express".

Back to the 410.45 concept: Is there a rimmed case based on the .450 Bushmaster cartridge? If there is, a tweak to the chamber might result in a gun that accepts .410, .45 LC and a true rifle power .450 Bushmaster equivalent.
 
#7 ·
Go figure, short barrel rifle laws with a pistol brace are now nullified in the free States. I want one but I currently have a job that pays poverty wages. (I am looking for another job presently.) A nice .40 Smith & Wesson carbine with around a ten inch barrel would be a nice home defense weapon. Hopefully I will get one in the future. I already have the AR-15 lower purchased that I am going to use with it.

Also, I may buy a .300 AAC Blackout upper assembly to switch out with one of my other AR-15 lower assemblies. Hoping I can get a quality scope and 96 to 110 grain .300 Blackout rounds to get an accurate rifle out to around 300 yards. My 7.62 x 39 rifles are only accurate to about 250 yards with the ammo and scopes I have picked.