Is a 12" or Longer Barrel Installed on an AR-15 Pistol Legal in Tennessee?

[O'TIERNY]

Tennessee statutes defines a handgun as having a barrel less than 12" in length.  The measurement is taken from the breech face to the muzzle, including any attached flash hiders or compensators. 

Is an otherwise legally configured AR-15 pistol no longer considered a pistol in Tennessee if it has a 12" or longer barrel?

And, if it is no longer within the definition of pistol under Tennessee law, what is it?

Definitely appreciate any helpful answers!

 

 

Edited October 10, 2020 by O'TIERNY

[DaveTN]

39-17-1301. Part definitions.

(14) “Short barrel” means a barrel length of less than sixteen inches (16″) for a rifle

……………………………..

39-17-1302. Prohibited weapons.

(a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:

(4) A short-barrel rifle or shotgun;

(d) It is an exception to the application of subsection (a) that the person acquiring or possessing a weapon described in subdivisions (a)(3) or (a)(4) is in full compliance with the requirements of the National Firearms Act (26 U.S.C. §§  5841-5862).

…………………………………….

39-11-106. Title definitions.

(a) As used in this title, unless the context requires otherwise:

(18) “Handgun” means any firearm with a barrel length of less than twelve inches (12") that is designed, made or adapted to be fired with one (1) hand;

.............................................................

Last I knew the BATF had a ruling that a lower designated as a pistol lower was legal. And that you could put a brace on it.

However, this is what they say on their website about their “rulings”.......

Quote

 

ATF publishes rulings and procedures to promote uniform understanding and application of the laws and regulations it administers, and to provide uniform methods for performing operations in compliance with the requirements of the law and regulations. 

Rulings represent ATF’s guidance as to the application of the law and regulations to the entire state of facts involved, and apply retroactively unless otherwise indicated. 

Rulings do not have the force and effect of federal statutes or Department of Justice regulations, but may be cited and relied upon as precedents in the disposition of similar cases. 

In applying published rulings, the effect of subsequent legislation, regulations, court decisions, and other rulings must be considered. 

Concerned parties are cautioned against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same

 

Like anything....I would suspect that how and why the gun became an issue to LE would be a critical factor. 

[ohell]

9 hours ago, O'TIERNY said:

The measurement is taken from the breech face to the muzzle, including any attached flash hiders or compensators. 

 

 

Where did this reference come from?

[DaveTN]

1 hour ago, ohell said:

Where did this reference come from?

It’s “permanently” attached

 

Quote

https://www.atf.gov/firearms/docs/guide/atf-national-firearms-act-handbook-atf-p-53208/download

The ATF procedure for measuring barrel length is to measure from the closed bolt (or breech-face) to the furthermost end of the barrel or permanently attached muzzle device. Permanent methods of attachment include full-fusion gas or electric steel-seam welding, high-temperature (1100°F) silver soldering, or blind pinning with the pin head welded over. Barrels are measured by inserting a dowel rod into the barrel until the rod stops against the bolt or breech-face. The rod is then marked at the furthermost end of the barrel or permanently attached muzzle device, withdrawn from the barrel, and measured.

 

[O'TIERNY]

4 hours ago, DaveTN said:

39-17-1301. Part definitions.

(14) “Short barrel” means a barrel length of less than sixteen inches (16″) for a rifle

……………………………..

39-17-1302. Prohibited weapons.

(a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:

(4) A short-barrel rifle or shotgun;

(d) It is an exception to the application of subsection (a) that the person acquiring or possessing a weapon described in subdivisions (a)(3) or (a)(4) is in full compliance with the requirements of the National Firearms Act (26 U.S.C. §§  5841-5862).

…………………………………….

39-11-106. Title definitions.

(a) As used in this title, unless the context requires otherwise:

(18) “Handgun” means any firearm with a barrel length of less than twelve inches (12") that is designed, made or adapted to be fired with one (1) hand;

.............................................................

Last I knew the BATF had a ruling that a lower designated as a pistol lower was legal. And that you could put a brace on it.

However, this is what they say on their website about their “rulings”.......

Like anything....I would suspect that how and why the gun became an issue to LE would be a critical factor. 

Thanks a ton for that reply, Dave.  It is very helpful.

[O'TIERNY]

3 hours ago, ohell said:

Where did this reference come from?

From the Tennessee FBI Forensic Services Division Firearms/Toolmarks Standard Operating Procedures Manual - Barrel and Overall Length Measuring Procedure.

Section 7.8.1 Barrel Length requires that "Barrel length normally should include compensators, flash hiders, etc. if affixed."

I'm interpreting the statutory language "if affixed" as not requiring permanence.

Edited October 10, 2020 by O'TIERNY

[O'TIERNY]

2 hours ago, DaveTN said:

It’s “permanently” attached

 

 

I'm taking my cue for proper legal measurement from the Tennessee FBI Forensic Services Division Firearms/Toolmarks Standard Operating Procedures Manual as opposed to the ATF procedure.

Just my take as to what would likely be used in Tennessee.

 

[DaveTN]

 

9 minutes ago, O'TIERNY said:

From the Tennessee FBI Forensic Services Division Firearms/Toolmarks Standard Operating Procedures Manual - Barrel and Overall Length Measuring Procedure.

Section 7.8.1 Barrel Length requires that "Barrel length normally should include compensators, flash hiders, etc. if affixed."

I'm interpreting the statutory language "if affixed" as not requiring permanence.

 

3 minutes ago, O'TIERNY said:

I'm taking my cue for proper legal measurement from the Tennessee FBI Forensic Services Division Firearms/Toolmarks Standard Operating Procedures Manual as opposed to the ATF procedure.

Just my take as to what would likely be used in Tennessee.

That might fly if you were being charged under state law…. unless of course the prosecutor doesn’t have that same interpretation, or charges under Federal law. Because the BATF is crystal clear. And Federal law trumps state law. 

Edited October 10, 2020 by DaveTN

[ohell]

Interesting, thanks  Never saw TN declare a measurement methodology   

With the reputation of the atf I’m not sure one could rely on the supremacy clause.  If you can get Dan o’Kelly to be your expert witness you don’t need a ffl or 4473 for AR15 manufacture or transfer. None of the parts are regulated by written atf guidelines.  

[O'TIERNY]

12 hours ago, DaveTN said:

 

 

That might fly if you were being charged under state law…. unless of course the prosecutor doesn’t have that same interpretation, or charges under Federal law. Because the BATF is crystal clear. And Federal law trumps state law. 

Agreed.  I was just interested primarily in how Tennessee would proceed with a criminal case.  Also, a defendant can find himself on the other side of both the Federal and State "v."

What you provided earlier, though, actually answered the question I originally posted directly on point...
 

Thanks a ton!  I really appreciate it.

Quote

 

39-17-1302. Prohibited weapons.

(a) A person commits an offense who intentionally or knowingly possesses, manufactures, transports, repairs or sells:

(4) A short-barrel rifle or shotgun;

(d) It is an exception to the application of subsection (a) that the person acquiring or possessing a weapon described in subdivisions (a)(3) or (a)(4) is in full compliance with the requirements of the National Firearms Act (26 U.S.C. §§  5841-5862).