legality question about short barrel rifle
I recently came across an HK SP89 for sale and included with it was the "k" style fore grip, along with the "Choate" swivel folding stock. Would this weapon need to be registered as an SBR and if so, what is involved in registering a weapon as an SBR?
Just out of curiosity, would it be a violation to posses an SP89 along with these parts, even though they're not attached to the gun. If so then this gun I came across for sale was not being sold legally???? Or is it legal for this guy to sell this gun and parts as long as they're unattached?
Thanks in advace, Brian
Just out of curiosity, would it be a violation to posses an SP89 along with these parts, even though they're not attached to the gun. If so then this gun I came across for sale was not being sold legally???? Or is it legal for this guy to sell this gun and parts as long as they're unattached?
Thanks in advace, Brian
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OK, here it is..The HK SP89, did not come with a stock from HK.
If you put on the stock, you have a SBR & it requires registeration with the ATF as a SBR & payment of a $200 tax.
You can have the stock as long as it is not attached to the SP89, no problem.
If you get caught with the SP89 with a stock on it, & its not registed as a SBR, expect a 10yr vaction in jail.
The K-grip on the SP89 by itself, should be no problem.
Walte0 -
Check on the K-grip, there are some regulations about a forward grip on a pistol. The new SW SP-89 clones have no forward grip provision because they are post ban. If it came that way from the factory and it's preban it should be OK. If the K-grip isn't preinstalled, check first. And yes, the stock would require SBR tax and paperwork before you even think about installing it. 0 -
Is this $200 tax you speak of similar to obtaining a class three?
Are you sure about the possession part? I thought I read one time where it wasn't legal to posess a full auto sear for a particular gun and that very same gun the sear can be put in to make full auto? Wouldn't that be the same thing or are full auto laws treated completely different?
Thanks, Brian0 -
No, it's a technicality, but you can have that stock (just not on the pistol/rifle). A SBR is a Class III item, hence the $200 tax [:D] 0 -
Your thinking about the AR15, you are correct!
You cant have a unregisted autosear or automatic bolt assy, anywhere near an AR15.
The ATF considers that an "intent to mfg" a machinegun
Also if you have a true preban HK SP89, the K-grip is ok to install. If you have a post ban clone, you can not install the K-grip without being in voilation of the "Assualt Weapons Ban".
Walte0 -
This question seems to come up at least once a month. You can not attach a forward pistol grip to a pistol, doing so creates an Any Other Weapon type firearm and is subject to the National Firearms Act. If you want to add the front grip legally you'll need to register the pistol an a Form 1, add fingerprints, CLEO sign off, and pay the $200 NFA tax. Pre ban makes no difference as far as the NFA is concerned as this law predates the Crime Bill by 60 years!. It would be just as simple to register the pistol as a Short Barreled Rifle on a Form 1, go through the same registration procedure, and then put the front grip on the weapon. Any way that you look at it, it will cost you $200. Screwing around with these so called "assault pistols" is a way to run into legal trouble pretty fast.
Mark T. Christian0
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