Just so I covered all my bases, I went ahead and called
an ATF field office this morning and asked them if there
has been any changes to this issue since the 2003 when
that letter that is also posted on this forum was written.
I was told that it is still illegal to reconfigure any pistol
from pistol to rifle and then back to pistol.
I asked if there has been any exception made for the TC
encores, contenders, or G2s. He said no. He said TC
corporate is well aware just as every other gun
manufacturer is of all relevant compliance issues.
That settles it for me 100% I will not become a felon
because of ignorance of the law or bad internet advice.
When in doubt, find out for yourself.
You need to read the law and the the Supreme court case. You are
not manufacturing a rifle. You are NOT reconfiguring a pistol and "making" a rifle. I agree with you 100% on this. If you go purchase a
new Contender from a dealer, you HAVE to fill out the 4473 form and designate it as a pistol. It comes with the pistol grip. You cannot buy it with the butt stock attached.
NOW, if you go buy a
used Contender, you step into the gray area if it is configured as a carbine. The dealer can fill out the 4473 form and book the Contender as a Carbine. Here is where you step into the gray area of uncertainty because this is one of the areas where
the Supreme Court case and the law are ambiguous. The Thompson Center Contender Carbine is listed in single shot rifles in the Title I, Section 922, Appendix A. The Supreme Court case says you can put the frame back into pistol configuration, the actual law in Section 921 definitions says a rifle is:
" (7) 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 an explosive to fire only a single projectile through a rifled bore for each single pull of the trigger.
(
The term "short-barreled rifle" means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches."
Under Section 922. Unlawful Acts, it says:
"(a) It shall be unlawful:
(4) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, to transport in interstate or foreign commerce any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1954), short-barreled shotgun,
or short-barreledrifle, except as specifically authorized by the Secretary consistent with public safety and necessity;
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector
to sell or deliver:
(4) to any person any destructive device, machinegun (as defined insection 5845 of the Internal Revenue Code of 1954), short-barreled shotgun,
or short-barreled rifle, except as specifically authorized by the Secretary consistent with public safety and necessity;and"
Under Section 5861 Prohibited acts:
"It shall be unlawful for any person:
(a) to engage in business as a manufacturer or importer of, or dealer in, firearms without having paid the special (occupational) tax required by section 5801 for his business or having registered as required by section 5802;or
(b) to receive or possess a firearm transferred to him in violation of the provisions of this chapter;or
(c) to receive or possess a firearm made in violation of the provisions of this chapter;or
(d) to receive or possess a firearm which is not registered to him in the National Firearms Registration and Transfer Record;or
(e) to transfer a firearm in violation of the provisions of this chapter;or
(f) to
make a firearm in violation of the provisions of this chapter;or
(g) to obliterate, remove, change, or alter the serial number or other identification of a firearm required by this chapter;or
(h) to receive or possess a firearm having the serial number or other identification required by this chapter obliterated, removed, changed, or altered;or
(i) to receive or possess a firearm which is not identified by a serial number as required by this chapter;or
(j) to transport, deliver, or receive any firearm in interstate commerce which has not been registered as required by this chapter;or
(k) to receive or possess a firearm which has been imported or brought into the United States in violation of section 5844;or
(l) to make, or cause the making of, a false entry on any application, return, or record required by this chapter, knowing such entry to be false."
In the definitions section it says, "(i) Make.:The term "make", and the various derivatives of such word, shall include
manufacturing (other than by one qualified to engage in such business under this chapter), putting together, altering, any combination of these, or otherwise
producing a firearm.
Brief Summary:
922 says any (read as "unlicensed") person cannot transport a short barrelled rifle.
It also says a dealer cannot deliver or sell a short barrelled rifle to any person.
5861 says the any person must pay the tax in order to lawfully "manufacture" firearms.
It also says any person cannot receive, transfer, possess, etal any firearm "made", "in violation", "not registered", etc.
Then you get to the definition of "make".
You are
not producing a Contender. You are
not making a Contender. Thompson Center has already done this for us. I have read the case law and appropriate laws associated with the Contenders. Other than the gray area mentioned above, there is no concern a Contender owner should have when removing pistol grip and barrel and replacing with carbine stock and barrel, or vice versa.
Until I see evidence of a Supreme Court case or a written law that says otherwise, I will continue to abide by the Law as written and by the Supreme Court affirmation in
U.S. vs. Thompson/Center.
Steve
