< Back to the Main Site

Author Topic: Another Legal Question on Transporting  (Read 1698 times)

Offline Wildgoose

  • Gun Show Volunteer
  • NFOA Full Member
  • **
  • Join Date: Nov 2008
  • Posts: 304
Another Legal Question on Transporting
« on: May 10, 2012, 06:02:47 AM »
I have what for lack of a better term is an assult pistol. Its really just an AK with out a butt stock. It will be an NFA approved SBR when the paper work is done but until then its just a stock challenged AK with a short barrel. Commonly referred to as a Krinkov. At any rate, does anyone know if there is any issue with possesion of or transport of an "assult pistol" in Iowa or Missouri? A friend of mine would like to shoot it the next time I am headed down his way and as far as I have been able to tell on the net neither of these two states restricts semi auto assult style pistols or rifles. NFA weapons are of course a diffrent matter but at the rate the BATF is processing applications its going to be a pistol for some time yet. If anyone knows diffrent please let me know.
Thanks 

Offline FarmerRick

  • NFOA Co-Founder
  • *****
  • Join Date: Mar 2008
  • Location: Valley, NE
  • Posts: 3250
  • Antagonist of liberals, anti-hunters & hoplophobes
Re: Another Legal Question on Transporting
« Reply #1 on: May 11, 2012, 08:54:24 AM »
If it was sold as a pistol, it is a pistol.  There is no such term as an "assault pistol", unless you are in the mainstream media.
Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.

Offline wallace11bravo

  • NFOA Full Member
  • **
  • Join Date: Apr 2010
  • Location: Lincoln, NE
  • Posts: 1056
  • Don't rush to failure.
    • Midwest Tactical Solutions
Re: Another Legal Question on Transporting
« Reply #2 on: May 11, 2012, 03:31:24 PM »
If it was sold as a pistol, it is a pistol.  There is no such term as an "assault pistol", unless you are in the mainstream media.

+1 It is what it is.

Offline SemperFiGuy

  • Steel Benefactor
  • *
  • Join Date: Apr 2009
  • Location: Omaha, NE
  • Posts: 2079
  • GG Grampaw Wuz a DamYankee Cavalryman
Re: Another Legal Question on Transporting
« Reply #3 on: May 11, 2012, 04:01:03 PM »
[quote]There is no such term as an "assault pistol", unless you are in the mainstream media.[/quote]

Or Hawaii:
From the Honolulu Police Department Website:

Assault Pistols

The manufacture, possession, sale, barter, trade, gift, transfer, or acquisition of assault pistols are illegal in the State of Hawaii, except as provided in section 134-4(e) of the Hawaii Revised Statutes.

Please refer to the definition of an "assault pistol" below.

A list of assault-type pistols is provided on this page as examples.

If you have any questions concerning a firearm not seen on the list, please call the Firearms Unit at (808) 529-3340.

 
Definition

Reference §HRS 134-1

"Assault pistol" means a semiautomatic pistol which accepts a detachable magazine and which has two or more of the following characteristics:

    (1)  An ammunition magazine which attaches to the pistol outside of the pistol grip;

    (2)  A threaded barrel capable of accepting a barrel extender, flash suppressor, forward hand grip, or silencer;

    (3)  A shroud which is attached to or partially or completely encircles the barrel and which permits the shooter to hold the firearm with the second hand without being burned;

    (4)  A manufactured weight of fifty ounces or more when the pistol is unloaded;

    (5)  A centerfire pistol with an overall length of twelve inches or more; or

    (6)  It is a semiautomatic version of an automatic firearm;
    but does not include a firearm with a barrel sixteen or more inches in length, an antique pistol as defined in this section or a curio or relic as those terms are used in 18 United States Code §921(16) or 27 Code of Federal Regulations 178.11.

 
Examples of assault-type pistols

Assault type pistols which are illegal in the State of Hawaii include but is not limited to the following examples:
ASSAULT PISTOL:

    A.A. ARMS AP9 AUTO PISTOL
    A.A. ARMS P95 AUTO PISTOL
    AUSTRALIAN AUTOMATIC ARMS SAP
    AUTO-ORDNANCE THOMPSON 1927-A5
    BROWNING BUCK MARK UNLIMITED MATCH
    BUSHMASTER ASSAULT GUN
    CALICO MODEL M 950
    CALICO MODEL M 110 22cal
    COMMANDO PISTOL
    CLARIDGE HI-TEC L9
    D MAX AUTO PISTOL
    DESERT EAGLE MAGNUM PISTOL, WITH BARRELS LONGER THAN 6 inches
    DRACO PISTOL
    ENCOM MK-IV ASSAULT PISTOL
    ENCOM MP-9 and ENCOM MP-45
    FEATHER MINI-AT
    FEDERAL XP-900
    FEDERAL XP-450
    GONZC HI=TEC PISTOL
    GSG 5P
    HECKLER & KOCH SP 89 AUTO PISTOL
    HECKLER & KOCH HK-94 AUTO PISTOL
    HOLMES MP-83 AUTO PISTOL

 
INGRAM TYPES:

    COBRAY M-10, M-11
    M.A.C. M-10, M-11
    S.W.D. M-10, M-11, M-11 A-1
    P.O.C. M-11
    R.P.D. M-10, M-11
    PARTIS AVENGER AUTO PISTOL

    INTRATEC TEC-9 AUTO PISTOL
    INTRATEC TEC-9M AUTO PISTOL
    INTRATEC TEC-22T AUTO PISTOL
    IVER JOHNSON ENFORCER MODEL 3000 AUTO
    L.A.R. GRIZZLY WIN MAG, BARRELS LONGER THAN 8 inches
    RUGER 22 CHARGER
    SCARAB SKORPION AUTO PISTOL
    SPECTRE DA PISTOL
    STERLING 9MM MK-7 PISTOL
    TP9 LAW ENFORCEMENT MODEL   
    UZI PISTOL
    WILDEY AUTOMATIC PISTOL, BARRELS LONGER THAN 7 inches
    WILKINSON LINDA AUTO PISTOL


FWIW
Glock 18 owners/shooters will be offended by the exclusion.


sfg
Certified Instructor:  NE CHP & NRA-Rifle, Pistol, Shotgun, Personal Protection Inside/Outside Home, Home Firearm Safety, RTBAV, Metallic Cartridge & Shotshell Reloading.  NRA Chief RSO, IDPA Safety Officer, USPSA Range Officer.  NRA RangeTechTeamAdvisor.  NE Hunter Education (F&B).   Glock Armorer

Offline Wildgoose

  • Gun Show Volunteer
  • NFOA Full Member
  • **
  • Join Date: Nov 2008
  • Posts: 304
Re: Another Legal Question on Transporting
« Reply #4 on: May 11, 2012, 04:41:31 PM »
If it was sold as a pistol, it is a pistol.  There is no such term as an "assault pistol", unless you are in the mainstream media.
Your right FR but like SemperFiguy noted those in the law making game can make up what ever they want. These type of guns are restriced in some areas and thats what I was wanting to find out. So far it looks like I am good to go in Iowa and Missouri.
I built the gun from a kit but the rec is recorded as a pistol.

Offline David Hineline

  • NFOA Full Member
  • **
  • Join Date: Dec 2007
  • Location: South Sioux City
  • Posts: 562
Re: Another Legal Question on Transporting
« Reply #5 on: May 12, 2012, 06:32:08 AM »
Once you get it to short rifle status, then you will need do form 5320.20 before you take it across state lines to MO and back to NE. BATFE will approve back and forth travel to a location for one calendar year at a time. 

Once it is a Short Rifle you can no longer use it in Iowa, you can transport it through Iowa towards your legal destination in MO once your temp. transport of NFA weapons form is approved.
Machinegun owners blow thier load with one pull of the trigger

Offline Wildgoose

  • Gun Show Volunteer
  • NFOA Full Member
  • **
  • Join Date: Nov 2008
  • Posts: 304
Re: Another Legal Question on Transporting
« Reply #6 on: May 12, 2012, 04:50:14 PM »
 :kiss:
Once you get it to short rifle status, then you will need do form 5320.20 before you take it across state lines to MO and back to NE. BATFE will approve back and forth travel to a location for one calendar year at a time. 

Once it is a Short Rifle you can no longer use it in Iowa, you can transport it through Iowa towards your legal destination in MO once your temp. transport of NFA weapons form is approved.
Thanks David,
This is very helpful to know. I already have one SBR and had just avoided transporting it anywhere out side NE. I will certinly be looking at the above mentioned form as it would be nice to be able to take it with me when possible.