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ATF issues rule change proposal regarding pistol braces

strangenh said:
1) In NH, loaded means round in chamber, ready to fire
2) NH's defnition of rifle does not depend on federal law/rules/sketches-on-envelopes
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Correct on both. And in NH, you can carry your SBR loaded, because it's a handgun.

159:1 Definition. – Pistol or revolver, as used herein, means any firearm with barrel less than 16 inches in length.
 
KBCraig said:
Correct on both. And in NH, you can carry your SBR loaded, because it's a handgun.

159:1 Definition. – Pistol or revolver, as used herein, means any firearm with barrel less than 16 inches in length.
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i'd be curious how that definition survives when someone has told the ATF that their pistol is now an SBR. FWIW I want it to be true that SBRs are still pistols in the eyes of NH.
 
heck ya beaches said:
i'd be curious how that definition survives when someone has told the ATF that their pistol is now an SBR. FWIW I want it to be true that SBRs are still pistols in the eyes of NH.
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If the RSA contain a specific definition, and the alleged broken law is in the same RSA, that's the definition that's used. End of story.
 
heck ya beaches said:
i'd be curious how that definition survives when someone has told the ATF that their pistol is now an SBR. FWIW I want it to be true that SBRs are still pistols in the eyes of NH.
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NH doesn't care what the ATF calls it. NH doesn't enforce federal law, and uses NH definitions for NH laws.
 
KBCraig said:
NH doesn't care what the ATF calls it. NH doesn't enforce federal law, and uses NH definitions for NH laws.
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It's not NH, I wish it was, it's the way the law works. If there is a definition withing the chapter/paragraph then that's the one used, if not it's the commonly used definition (yes that open it to interpritation). If you violate a Fed law in NH they will absolutly use the Fed definition. In this case theFed is silent on loaded guns in vehicles so the state law is all that applies.

Knowing what definitions legally apply and when is key to understanding the mess that is the Fed and State law system. This is even more important in states like MA where the definition of firearm is different for Fed and State.
 
42! said:
It's not NH, I wish it was, it's the way the law works. If there is a definition withing the chapter/paragraph then that's the one used, if not it's the commonly used definition (yes that open it to interpritation). If you violate a Fed law in NH they will absolutly use the Fed definition. In this case theFed is silent on loaded guns in vehicles so the state law is all that applies.

Knowing what definitions legally apply and when is key to understanding the mess that is the Fed and State law system. This is even more important in states like MA where the definition of firearm is different for Fed and State.
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Likewise for CT “others”
 
42! said:
It's not NH, I wish it was, it's the way the law works. If there is a definition withing the chapter/paragraph then that's the one used, if not it's the commonly used definition (yes that open it to interpritation). If you violate a Fed law in NH they will absolutly use the Fed definition. In this case theFed is silent on loaded guns in vehicles so the state law is all that applies.

Knowing what definitions legally apply and when is key to understanding the mess that is the Fed and State law system. This is even more important in states like MA where the definition of firearm is different for Fed and State.
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NH will not use fed definitions for state law violations. There's a ruling saying NH can't enforce anything that isn't a violation of state law.
 
Mountain said:
I'm gonna wager that anyone arm flapping over this has never registered a SBR.
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It's not arm flapping. Why TF would anyone willingly register an NFA item if they didn't have to?
Give me one reason.
You like to pay taxes on your rights?
You feel you're entitled to be special because you paid the fee?
You just want to be a good serf and comply?
Forget the good reason.
IDGAFF
 
240Geezer said:
It's not arm flapping. Why TF would anyone willingly register an NFA item if they didn't have to?
Give me one reason.
You like to pay taxes on your rights?
You feel you're entitled to be special because you paid the fee?
You just want to be a good serf and comply?
Forget the good reason.
IDGAFF
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A NFA item? How's avoiding prison for one reason? [rofl]

Are you implying that braced pistols are NFA items? I thought this thread and the latest court rulings assert that they are not.
 
heck ya beaches said:
i'd be curious how that definition survives when someone has told the ATF that their pistol is now an SBR. FWIW I want it to be true that SBRs are still pistols in the eyes of NH.
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Lol the feds are going to change NH law? Please tell the class how that happens.

States typically have their own definitions for what constitutes a handgun, rifle, shotgun, machine gun, etc, so on. If someone is getting rapped, thats the definition thats going to be
used.

Very few states chain anything to the NFA or even conventional GCA definitions of firearms. Some may kinda /mirror/ GCA definitions but they're not hard-linked.
 
Mountain said:
A NFA item? How's avoiding prison for one reason? [rofl]

Are you implying that braced pistols are NFA items? I thought this thread and the latest court rulings assert that they are not.
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No, he's saying people who aren't him should make actual SBRs and refuse to pay the stamp. It's like offering to spend a buddy's money, only he's giving away their 10 years and firearms rights instead.
 
Mesatchornug said:
No, he's saying people who aren't him should make actual SBRs and refuse to pay the stamp. It's like offering to spend a buddy's money, only he's giving away their 10 years and firearms rights instead.
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Well, assuming someone got caught. Which is actually sorta difficult. The thing I tell people though, however, if the feds indict, someone is basically hosed. They won't drop an indictment unless they know they're probably going to win. There are no deals to be had, usually. So while odds of getting rapped up front aren't that great, it's bad news if they get hit. It's kinda like saying "You can run across this field for a million bucks, but there's a sniper who will take potshots at you from 600yds away. Usually he sucks and misses by a lot.... but on the off chance he hits you, it's /going/ to be a headshot. " 🤣 it's not like mass where its more of a "only a flesh wound".
 
drgrant said:
Well, assuming someone got caught. Which is actually sorta difficult. The thing I tell people though, however, if the feds indict, someone is basically hosed. They won't drop an indictment unless they know they're probably going to win. There are no deals to be had, usually. So while odds of getting rapped up front aren't that great, it's bad news if they get hit. It's kinda like saying "You can run across this field for a million bucks, but there's a sniper who will take potshots at you from 600yds away. Usually he sucks and misses by a lot.... but on the off chance he hits you, it's /going/ to be a headshot. " 🤣 it's not like mass where its more of a "only a flesh wound".
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Sure. I suppose it would be better if I said he's offering to gamble with your money/life, rather than spend it. Regardless, I'll stand by my core point - the poster accepts no risk for the proposed behavior.
 
allen-1 said:
NH may not but Fed agencies may. BATFE may not consider themselves bound by NH law.
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You're confirming my point.

Of course the feds aren't bound by NH law. The feds will use federal definitions to enforce federal law; they can't enforce NH law.

Likewise, NH uses NH definitions to enforce NH law; they can't enforce federal laws.

NB: the feds do refer to state law when it comes to interstate transactions. FFLs can't make a transfer that would be illegal in either state under state law. That's something FFLs have to worry about when it comes to MA residents, but not NH residents. NH doesn't have any "illegal firearms".
 

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