need some advice regarding legality of a short barrel

[reapur]

Hi Guys,
So I have a Sabre Defence M4 carbine, I bought complete a few years back.
This rifle has a 14.5" barrel with the muzzle device somehow fixed so that it cannot be unscrewed off.

Anyway, I took it to a gunsmith to remove the muzzle device and the gas block because I want to mount one of these sights/block
http://www.brownells.com/.aspx/pid=21446/Product/AR-15-M16-CLAMP-ON-FRONT-SIGHT-GAS-BLOCK

But he said he couldn't do it, because I don't have an SBR stamp!
I don't get it, he can work on anything right? when he gives it back to me, he'll have the hider fixed back on so I'm always in possession of a legal length barrel.

am I assuming right? do I need to find someone else to work on this?
Thanks

Thanks

[asmo]

Technically, whoever makes it go below 16" without a tax stamp (or SOT/Manf/etc) is committing a felony - doesn't matter if the brake was just off long enough to put a new one on. That's the whole reason for the 'permanently attached' wording.

That said, I have never had an issue with folks who understand what is involved and what it really means.

[Colorado Osprey]

Remove the upper and tell him it is for a pistol lower. Barrel length is a non-issue.

[00tec]

As long as the lower is not attached, it is not considered a firearm, therefore, it can be whatever length you want without breaking the law. Whoever puts it on a lower when its less than 16" breaks the law.

[BPTactical]

If that was the case every Smith, AR manufacturer and barrel manufacturer in the country has committed a felony then.
The BATF regs rely heavily on "intent". As in was it a case of willful intent to manufacture a SBR?
The firearm was in a state of repair when the barrel was less than 16". As long as it returned to 16" with a permanently attached muzzle device as soon as the repair was complete there is no crime.
Your "Smith" is incorrect, inexperienced and or paranoid.
You have the wrong Smith.
Take a drive down I-25 for about 40 minutes.
We will get you squared away. Legally.
Besides, with the new block being a clamp on I may be able to do it without having to pull the FH.
I gotz voodoo!
[Beer]

[SuperiorDG]

It seems other have said what I was thinking. Take it to Bert, he has done a few 14.5" pins for me.

[SideShow Bob]

Bert, Bert, he's your man, if he can't do it, no one can !.............[LOL]

Sorry Bert, couldn't resist.

Seriously, Bert can work some good Ju-Ju on your AR.

[asmo]

Remove the upper and tell him it is for a pistol lower. Barrel length is a non-issue.

^^ THIS ^^

I need to modify my original statement. That's what I get for posting before fully waking up.



If that was the case every Smith, AR manufacturer and barrel manufacturer in the country has committed a felony then.
The BATF regs rely heavily on "intent".

As for Bert's statement about 'intent' I would go with whatever Bert says even though I respectfully disagree slightly. I am still marred from from the days when any interaction with your ATF rep was absolutely confrontational and they were looking at all times for any possible to reason cause grief, heartache and discontent. I still have many friends who are former licensees that can no longer own any weapons because of absolutely minor paperwork errors and/or saying the wrong thing during an audit. I have heard the relationship with licensees is better these days but I still don't trust any of them.

[cofi]

an upper is just a gun part nothing more if its not attached to a lower you can do whatever the hell you want with it....berts absolutely right!

http://farm8.staticflickr.com/7084/7173354674_98c4b39315_z.jpg

thanks bert for this perfect pin job!