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by jvanderbot 531 days ago
The suspect informed a confidential source that he had a 10" barrel rifle. The source provided pictures of the rifle to authorities, and had seen it before several times, including going shooting with the suspect. The source provided several other points of data supporting him caching weapons and possessing a short rifle.

https://storage.courtlistener.com/recap/gov.uscourts.vaed.56...

You might be referring to this image? Which is fairly clear, but I'm not sure how they measure barrel length here, but to my eyes it is 13" (unless the last 3 are a suppressor of some sort that isn't counted).

https://storage.courtlistener.com/recap/gov.uscourts.vaed.56...

This is from the probable cause affidavit, which I guess is used to obtain a warrant?

4 comments

In the eyes of the ATF, this is considered a pistol, which has no restrictions on barrel length.

https://cdn11.bigcommerce.com/s-lpuqsi1cy6/images/stencil/12...

Additionally, this is _also_ considered a pistol with a "stabilizing brace" (which are subject of much contention and confusion)

https://www.sb-tactical.com/wp-content/uploads/sbpdw-install...

The GP's complaint is that the linked photo contains insufficient context (for us, at least) to determine if the firearm in question is, from a legal standpoint, an SBR.

> You might be referring to this image? Which is fairly clear,

The issue is that it is entirely legal to have an AR-15 configured as a pistol with a very short barrel, without any tax stamps. That is, not having a stock attached to it. The image provided does not prove that he has a short-barreled rifle, because you cannot see whether it has a stock.

Oh thank you. That's a very clear distinction.
The muzzle device looks to be a flash suppressor, possibly a Noveske KX3 or something similar. Muzzle devices don't count towards barrel length, except in some cases where they're permanently attached.

That said, 13" is also a short-barreled rifle length. If this is indeed a rifle, and not an AR pistol.

> You might be referring to this image? Which is fairly clear

The buffer tube extends off the rear, which has been cropped from the image.

I understand now, thank you