Author Topic: when is a gun no longer a firearm?  (Read 11273 times)

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Offline Jon Mire

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when is a gun no longer a firearm?
« on: June 03, 2012, 08:05:46 PM »
8.3t “Firearm” defined.
Sec. 3t. The word “firearm”, except as otherwise specifically defined in the statutes, shall be construed to
include any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a
means of propulsion, except any smooth bore rifle or handgun designed and manufactured exclusively for
propelling BB's not exceeding .177 calibre by means of spring, gas or air.

when is a gun a weapon?
when is this definition applied?
can a handgun be dismantled to the point of no longer being a firearm?
is a gun dismantled still a firearm when its just a ziplock baggy of loose parts? (with all parts there of course rendering it non firing order)

Offline Shadow Bear

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Re: when is a gun no longer a firearm?
« Reply #1 on: June 03, 2012, 08:19:03 PM »
If the part set is complete, and it can be readily returned to working order, its still a firearm.

To be considered 'not' a firearm, the receiver must be altered in such a fashion that it cannot easily be returned to serviceable condition. Typically, its cut into three pieces with a torch; that makes the BATF happy.
Its not GUN rights, its HUMAN rights.

Offline Shadow Bear

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Re: when is a gun no longer a firearm?
« Reply #2 on: June 03, 2012, 08:23:33 PM »
I was just looking at your other thread; there's no way to get around it- your only hope would be to leave it in a secure location OUTSIDE the PFZ (esp courthouses).

Nearby bus station with lockers comes to mind. Trunk of a vehicle is another.

Beyond that, you need to drive, ride with a friend or leave it home.
Its not GUN rights, its HUMAN rights.

Offline Jon Mire

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Re: when is a gun no longer a firearm?
« Reply #3 on: June 03, 2012, 09:51:50 PM »
hmmm ok so in parts or not it just don't matter as far as the law goes. its a firearm until destroyed.

Offline TheQ

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when is a gun no longer a firearm?
« Reply #4 on: June 03, 2012, 09:53:43 PM »
You can't get around it -- sorry. Try driving a car and leaving it locked in a mini-vault in the trunk.
I Am Not A Lawyer (nor a gunsmith).

Offline Jon Mire

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Re: when is a gun no longer a firearm?
« Reply #5 on: June 03, 2012, 10:22:53 PM »
well that's the thing these days i am using means of transportation other than a car. cars a safer means of traveling in my opinion and very helpful in open carry. there are days where i have to take care of legal business and would be walking or biking alone at night in the wee hours on the return trip. so i would like to carry and have the ability to protect myself. so hence forth all the questions of how to do the the correct way according to the law. did this trip once already finding that there is no one around during those hours at night which totally is a vulnerable situation. but it takes a whole day to walk there and back or even on a bike. i would rather avoid it but the trip is necessary and takes time the old fashioned way.

These boots are made for walking and that's what i am going to do. 8)

there is also times when out in the woods and walking in for supplies/mail i could see this coming into play up north.

Offline TheQ

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when is a gun no longer a firearm?
« Reply #6 on: June 03, 2012, 10:26:19 PM »
You should get your CPL ASAP in any case.
I Am Not A Lawyer (nor a gunsmith).

Offline Jon Mire

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Re: when is a gun no longer a firearm?
« Reply #7 on: June 03, 2012, 10:32:54 PM »
oh believe me its on the list of to do. but as a student i have limited funds.

Offline TheQ

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when is a gun no longer a firearm?
« Reply #8 on: June 03, 2012, 10:34:37 PM »
Be careful you don't lose your rights by committing a crime. Have you read the stickies...?
I Am Not A Lawyer (nor a gunsmith).

Offline Jon Mire

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Re: when is a gun no longer a firearm?
« Reply #9 on: June 03, 2012, 11:54:15 PM »
working on getting back up to speed currently.

Offline Shadow Bear

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Re: when is a gun no longer a firearm?
« Reply #10 on: June 04, 2012, 07:09:15 AM »
Currently, open carry on a bicycle is still a grey area, I believe.

Someone correct me if I'm wrong.
Its not GUN rights, its HUMAN rights.

Offline CV67PAT

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Re: when is a gun no longer a firearm?
« Reply #11 on: June 04, 2012, 09:35:07 AM »
8.3t “Firearm” defined.
Sec. 3t. The word “firearm”, except as otherwise specifically defined in the statutes, shall be construed to
include any weapon from which a dangerous projectile may be propelled by using explosives, gas or air as a
means of propulsion, except any smooth bore rifle or handgun designed and manufactured exclusively for
propelling BB's not exceeding .177 calibre by means of spring, gas or air.

when is a gun a weapon?
when is this definition applied?
can a handgun be dismantled to the point of no longer being a firearm?
is a gun dismantled still a firearm when its just a ziplock baggy of loose parts? (with all parts there of course rendering it non firing order)

When you disassemble a firearm, the part with the complete serial number remains a firearm. As an example, the frame of a Glock22 is the firearm. The upper receiver of a Sig556 is a firearm.
Want to keep informed of events in your area? Go to http://www.miopencarry.org/update

Offline TheQ

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when is a gun no longer a firearm?
« Reply #12 on: June 04, 2012, 09:45:08 AM »
My barrel, slide, and frame all have a serial number. Are all these parts a "gun"?
I Am Not A Lawyer (nor a gunsmith).

Offline CV67PAT

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Re: when is a gun no longer a firearm?
« Reply #13 on: June 04, 2012, 10:01:09 AM »
My barrel, slide, and frame all have a serial number. Are all these parts a "gun"?

Those are parts. They are not the "firearm."
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Offline TheQ

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when is a gun no longer a firearm?
« Reply #14 on: June 04, 2012, 10:13:02 AM »
Except the frame/receiver, of course?

So if the serial number is on 3 parts...only the receiver is the "firearm"?
I Am Not A Lawyer (nor a gunsmith).

Offline CV67PAT

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Re: when is a gun no longer a firearm?
« Reply #15 on: June 04, 2012, 10:44:43 AM »
Except the frame/receiver, of course?

So if the serial number is on 3 parts...only the receiver is the "firearm"?

Again, this is dependent upon the firearm. And "receiver" is not the definitive part. As posted above, the frame of my Glock22 (which by the way is for sale) is the firearm. And the upper receiver of my Sig556 is the firearm. Also the lower receiver of my M4 is the firearm. So to say that any particular "part" is a firearm is misleading as it depends on the specific firearm model.
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Offline Jon Mire

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Re: when is a gun no longer a firearm?
« Reply #16 on: June 04, 2012, 12:03:40 PM »
Quote
When you disassemble a firearm, the part with the complete serial number remains a firearm. As an example, the frame of a Glock22 is the firearm. The upper receiver of a Sig556 is a firearm.

well i have heard that statement before. at one time i was planing on putting together a 1911 "one peice at a time" just like the johnny cash song was. when i found out the only part that you have to register as such is the part(s) with a serial number.

SO... one would be safe to assume if you have to register the 'parts' of your gun only those parts make it a firearm?

so like on my current gun just the bottom frame has a serial number on it and that the firearm part and have to left behind. otherwise the ziplock baggy is good to go?


Offline TheQ

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when is a gun no longer a firearm?
« Reply #17 on: June 04, 2012, 12:11:24 PM »
Try sneaking a gun barrel and slide into a courthouse -- I dare you!
I Am Not A Lawyer (nor a gunsmith).

Offline CV67PAT

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Re: when is a gun no longer a firearm?
« Reply #18 on: June 04, 2012, 12:20:04 PM »
otherwise the ziplock baggy is good to go?

That is correct. Except you may run into a bit of a snag with the ammunition. Best to leave that in the gun vault cable locked to a lamp post with the "firearm" part. Better yet. Cable lock the gun vault to a tree.
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