AR-15 Pistol legality

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  • nolaradio

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    This should be a simple question but I am sure it's going to turn into a $hitshow here anyway.

    I've never looked twice at AR-15 pistols before so I am not too familiar with them or the legalities with them here in Louisiana. Is a 10.5" barrel with a brace (or blade or whatever you want to call it) legal here in Louisiana? Regardless of the answer, can someone point me in the direction of the law? Thanks.
     

    DAVE_M

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    This should be a simple question but I am sure it's going to turn into a $hitshow here anyway.

    I've never looked twice at AR-15 pistols before so I am not too familiar with them or the legalities with them here in Louisiana. Is a 10.5" barrel with a brace (or blade or whatever you want to call it) legal here in Louisiana? Regardless of the answer, can someone point me in the direction of the law? Thanks.

    Yes they are legal.

    Louisiana does not have a law prohibiting ownership.

    However, contrary to popular belief, you cannot conceal one with a Louisiana Concealed Handgun Permit.
     

    AustinBR

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    Yes they are legal.

    Louisiana does not have a law prohibiting ownership.

    However, contrary to popular belief, you cannot conceal one with a Louisiana Concealed Handgun Permit.

    Just curious, why not? If it's considered a pistol, why isn't it treated as such?
     

    DAVE_M

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    Just curious, why not? If it's considered a pistol, why isn't it treated as such?

    By Federal regulations, it is considered a pistol. Louisiana's CHP Rulebook leaves that up to interpretation. The rule was written prior to the popularity of AR Pistols.

    (3) "Handgun" means a type of firearm commonly referred to as a pistol or revolver
    originally designed to be fired by the use of a single hand and which is designed to fire or is capable
    of firing fixed cartridge ammunition. The term "handgun" shall not include shotguns or rifles that
    have been altered by having their stocks or barrels cut or shortened.

    One could argue that alterations to stocks or barrels cut or shortened would constitute an NFA item, but without case law it's a toss up.
     

    Saw

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    By Federal regulations, it is considered a pistol. Louisiana's CHP Rulebook leaves that up to interpretation. The rule was written prior to the popularity of AR Pistols.



    One could argue that alterations to stocks or barrels cut or shortened would constitute an NFA item, but without case law it's a toss up.
    Oh hell...why not.

    Nothing in the quote of that LA law seems to apply to an AR pistol. It was never a rifle, so it wasn’t altered.

    Copy case law. Many things are subject to case law further defining the issue.
     

    DAVE_M

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    Oh hell...why not.

    Nothing in the quote of that LA law seems to apply to an AR pistol. It was never a rifle, so it wasn’t altered.

    Copy case law. Many things are subject to case law further defining the issue.

    Feel free to be the shining example for all.

    You can try calling the LSP CHP unit and get their opinion as well.
     

    Saw

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    Feel free to be the shining example for all.

    You can try calling the LSP CHP unit and get their opinion as well.
    Great ideas. Maybe I’ll send a letter to the ATF for their opinion too.

    I’d like to see the setup that someone thought was a good idea of concealing an AR pistol. Can’t think of a scenario where that makes sense.
     

    twinin

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    Oh hell...why not.

    Nothing in the quote of that LA law seems to apply to an AR pistol. It was never a rifle, so it wasn’t altered.

    Copy case law. Many things are subject to case law further defining the issue.

    I agree that you have them on a technicality, but I wouldn't try it and while reading the law I know what their intention is.
     

    DAVE_M

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    Great ideas. Maybe I’ll send a letter to the ATF for their opinion too.

    I’d like to see the setup that someone thought was a good idea of concealing an AR pistol. Can’t think of a scenario where that makes sense.

    You and I agree.

    I would happily entertain someone’s hypothesis on the practicality and one’s ability to adequately conceal an AR pistol, as well as examine the possible disadvantages of doing so. For the average concealed carrier, it’s unlikely such a thing would ever be needed. Just remember that the CHP ruling is in regards to concealed carry, not transportation.
     

    thperez1972

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    I agree that you have them on a technicality, but I wouldn't try it and while reading the law I know what their intention is.

    The intention has nothing to do with the law. And there's no "technically legal." It's either legal or illegal. You should never be found guilty because a lawmaker intended for something to be illegal. If they intended for something to be illegal but didn't pass a law that makes it illegal, then it's legal. An AR pistol, based on the wording of the existing law, would be legal to carry concealed. I would guess it's never made its way through the courts because it's so impractical to carry concealed. Although I'd like to see someone appendix cary an AR pistol.
     

    kcinnick

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    The intention has nothing to do with the law. And there's no "technically legal." It's either legal or illegal. You should never be found guilty because a lawmaker intended for something to be illegal. If they intended for something to be illegal but didn't pass a law that makes it illegal, then it's legal. An AR pistol, based on the wording of the existing law, would be legal to carry concealed. I would guess it's never made its way through the courts because it's so impractical to carry concealed. Although I'd like to see someone appendix cary an AR pistol.

    I agree with this, I just didn't feel like arguing about it and typing it all out.
     

    DAVE_M

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    I would guess it's never made its way through the courts because it's so impractical to carry concealed. Although I'd like to see someone appendix cary an AR pistol.

    If I had to take a guess, when it inevitably does make it through the courts, legislation will change. That being said, I don't know of anyone carrying around a loaded rifle in a backpack, so it's possible that the unloaded rifle in a backpack would fall under transportation and not concealed carry. That's probably best for an entirely separate discussion involving attorneys, but I digress.

    To reiterate, a 10.5" AR pistol is perfectly legal in Louisiana.

    FWIW, the A5 system with a SBA3 really makes me rethink filing a Form 1.
     

    Bosco

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    I didn’t see anything mentioned about how the ATF released a letter stating that the Brace must not have a LOP longer than 13 1/2 inches.

    Sorry, I'm not following? Where is 13 1/2 inches brought up? I wasn't paying attention to the conversation in the thread just read the OP's question and had me wondering so I googled and found that link to be a good read.
     

    Saw

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    LOP shouldn’t apply to a pistol. Common LOP definition is trigger to part that sits against your shoulder. Braces are not designed to sit against your shoulder. Another goofy ATF fiat not rooted in law.
     

    sportsbud

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    The nice thing about an AR pistol is when traveling... Many states prohibit a loaded rifle in your vehicle and only allow a loaded pistol with a valid permit... My home state of WA is an example... AR Carbine loaded in vehicle is a no-go no matter what... However with a valid carry permit a loaded AR pistol is fine... Helps ease potential issues when crossing state lines...
     
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