What Are the Barrel Length Laws
Barrel length laws are a set of regulations that govern the maximum length of gun barrels. Typically, barrel length laws apply to handguns, rifles, and shotguns. The actual length where the law begins to apply varies depending on the jurisdiction. Barrel length laws also vary in what guns they apply to and how it is measured.
Barrel length laws exist in part to regulate concealed carry weapons. A longer barrel is thought to be more difficult to hide from view than a shorter barrel. Some jurisdictions have firearm concealment laws. If you break a firearm concealment law by carrying a concealed firearm with too long of a barrel, you could face misdemeanor charges. Other concealment laws that apply to firearms will also depend on barrel length .
Barrel length laws may also exist due to an issue with the definition of the firearm. This includes defining sawed-off shotguns, short-barreled rifles, short-barreled shotguns, pistol-grip pistols, and potentially others. Generally speaking, if the barrel of the gun can be removed from the gun, it may be subject to barrel length laws.
Barrel length rules will usually define measuring exactly how the measuring is done. Generally, the measurement for barrel length laws is the distance between the bullet chamber and the tip of the barrel. It is common for the measurement to be done in inches. Perhaps the most common exception to this rule is for shotgun shells where the shotgun shell is subject to the barrel length laws rather than the weapon. Some jurisdictions will require the measuring to be done with a specific device.
Federal Barrel Length Laws
The federal government has a number of regulations in place regarding firearms, not least of all regulations pertaining to barrel length. These laws are found primarily in the National Firearms Act, but the Gun Control Act and the National Firearms Act require owners to complete multiple steps to build or acquire a firearm with a barrel that does not meet the federally designated length.
Under federal regulations, a rifle is defined as having a barrel length in excess of 16 inches. Meanwhile, a shotgun is given the same measurement for its lower limit. Any rifle or shotgun that does not meet these measurements is considered an "other firearm" under federal law.
The National Firearms Act classifies "other firearms" as weapons that are not shotguns, pistols or revolvers, or rifles. An important distinction for owners of firearms that do not meet the minimum barrel lengths of rifles and shotguns is that they must be registered as "other firearms" with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
These firearms, which include pistols with affixed vertical grips or recoil stocks, must have a barrel length shorter than 16 inches or have an overall length of less than 26 inches. All owners of these firearms must pay a one-time tax of $200 to SOT Form 1, either as a purchase refund upon disposition of the firearm or as a refund request on an unapproved Form 1.
Industry professionals are likely familiar with a Special Occupational Tax (SOT) Class 3 status, which essentially gives them licensing to manufacture, import, transfer or treat National Firearms Act weapons as a business.
State Barrel Length Laws
States have their own barrel length laws in addition to the federal ones. When someone purchases a new gun, they must first check state law regarding barrel lengths for the type of gun they are trying to buy. If they purchase a firearm with a barrel length that is not allowed in their state, typically, that’s a crime.
Most states have barrel-length laws for shotguns and rifles, but only eight states regulate pistol-length. Those states are Alabama, California, Louisiana, Maine, Massachusetts, Oklahoma, Rhode Island, and Washington.
Pistol length laws may distinguish between revolvers and automatic pistols with an over-all length of 26 inches for both the revolver and automatic. But if it is sectioned into the barrel length, the following are required:
A few states allow a barrel length longer than 18 inches on a shotgun (Alaska and Connecticut allow 24-inch barrels; Arkansas and South Carolina allow 27-inch barrels; Delaware allows 28-inch to 32-inch barrels and Louisiana allows 36-inch barrels). Other states are a little more complicated in their shotgun barrel length laws. In Hawaii, for example, Civilian rifle barrels must be under 19 inches and civilian handguns must be under 10 inches to be legal.
In Massachusetts, barrels of handguns (not barrels of rifles or shotguns), which does not include back and muzzle loaders, must be under 16 inches. New Jersey will require a pistol’s barrel to be less than 12-inches long to be legal. The latest bill in Oregon says that barrels on pistols should be no longer than 9-inches to be legal.
Penalties for Breaching Barrel Length Laws
The penalties for violating barrel length laws will vary depending on the state where the violation occurs, as well as whether one is a first-time or multiple offender. In several states, barrel length-related offenses are classified as felonies, which could carry a maximum prison term of up to five years in some locations. Fines may likewise be issued and may often reflect a minimum amount that is doubled when the violation involves a second or subsequent offense. Again, there is a great deal of variability here; for example, the District of Columbia can fine an individual $25 per violation, whereas Michigan can demand as much as $5,000 and Massachusetts could seek as much as $250,000.
Even if violations are misdemeanors, consider that you’re facing up to one year in jail for a conviction. As far as future gun rights are concerned, you could also face serious consequences given that felony convictions will affect your ability to own firearms in many states and in some cases even result in permanently revoking your permission to do so.
How to Accurately Measure Barrel Length
Measuring barrel length is not as straightforward as it sounds. Barrel measurement is not taught in law schools. A state trooper, local sheriff, or even a city police officer can incorrectly measure a barrel, resulting in the arrest of an otherwise law-abiding gun owner. The criminal element is taking advantage of the situation, knowing that law enforcement officers are not trained on how to measure barrel length. In fact, some of these criminals have posted videos on YouTube suggesting to the masses that a twelve-inch barrel is only ten inches, just to see if officers can correctly measure barrel length. Moreover, some officers don’t have the tools to accurately measure barrel length. A standard tape measure will not fit in the action of an AR-15, allowing you to get an accurate measurement. Some are using a ruler and the naked eye to measure, allowing for critical differences in results.
I have been involved in many barrel length lawsuits. Usually, the barrel length measurement depends on the interpretation of the statute by the pro-gun lawyer and the expert witnesses. I have tried many of these cases and have seen the good, the bad, and the ugly. In several cases, police officers have used the shotgun barrel rule, which states that you measure from the front of the chamber, instead of to the end of the muzzle. I have even heard of officers using the shotgun barrel rule for rifles too. If your barrel has threading, it should be measured to the end of the threading , not the iron sights. I have encountered officers using the iron sights on M16 and M4 rifles as the point of reference for measurement. This is incorrect. You must measure to the end of the barrel (and not the muzzle break) for rifles and rifles that accept shoulder stocks, and you must measure to the end of the magazine clip for pistols and pistol gripped firearms. A great example of this is in the Liberty Hangout channel on YouTube channel, and you can watch my video of this issue.
Another problem I have encountered in past cases is that you cannot use the inner barrel on your rifle shooting range as a point of reference for measurement. Again, this issue comes up with requesting Range Control to measure the barrel length on a military base. Range Control will pull out a cleaning rod, put it down the barrel, and measure where the tip of the rod ends on the rifle as the rule for barrel length measurement. This is another form of the shotgun rule for barrel length measurement, and a lot of officers do not understand the difference.
The best tool to measure barrel length is a telescoping conduit gauge. You can purchase this at Home Depot, Amazon, or any other hardware store. The problem is, the gauge is not 36 inches, making it difficult to use it to measure a barrel that is shorter than 36 inches. While a 16-barrel might be easy to figure, a 10-inch barrel is not. Another problem with the gauge is that the barrel length measurement may exceed the gauge leading to the necessity of taking another measurement, which will increase the time necessary to measure the barrel. You want to make sure you accurately measure barrel length and avoid the appropriate action because you guessed the measurement incorrectly.
New Legislation and Proposed Acts
In addition to the barrel length laws already on the books, there have been some recent developments that gun owners and gun enthusiasts should be aware of. For these reasons, there may be some additional laws you may want to be aware of.
California recently passed a law that has garnered national attention: Senate Bill 880, signed in July 2016, and Assembly Bill 1135, signed in June 2016. Both bills require gun owners to register as assault weapon owners. In the absence of a rebuttable presumption (which is applied only in this context), barrel length will almost invariably matter, and it applies to both handguns and rifles of all calibers.
YAKIMA — The Washington Attorney General’s Office has put the brakes on a State Appeals Court decision that cleared the way for the legalization of short-barreled shotguns and rifles in the state.
The "stay" means that short-barreled shotguns and rifles – which state law now defines as firearms with barrels shorter than 16 inches – are still illegal in Washington state.
The Criminal Division of the AG’s Office sought the stay after the State Court of Appeals ruled that the new statute adding short-barreled weapons to the state’s definition of firearms did not meet the state constitutional requirement that legislatures can only pass laws in three areas – health care, government or education – in one 60-day session out of each two-year election cycle. The court’s Sep. 15 opinion said that such a significant legislative change warranted a 60-day session, and that lawmakers should have complied with constitutionally required political processes.
The stay is a temporary measure while the full court makes a final decision.
For the time being, it remains illegal to possess a short-barreled shotgun or rifle in the state of Washington.
Effects on Gun Owners and Gun Manufacturers
The implications of barrel length laws on gun owners and manufacturers can vary greatly. Gun owners, especially long-gun enthusiasts, must contend with a wide range of local and state laws and regulations regarding the length of rifles or shotguns. Even slight variations in the overall length of a firearm could force a gun owner to comply with a different set of requirements.
Gun manufacturers are similarly affected. For example, consider a firearm manufactured with two barrels that are ten inches in length each and a pump action mechanism in between. Depending on where the gun is sold or even how it is ultimately used, the gun could be classified as a short-barreled shotgun and therefore potentially be subject to registration requirements and/or other restrictions even if its overall length may be allowed without meeting such requirements.
In addition, manufacturers are forced to consider potential barrel length restrictions when producing firearm components. A manufacturer selling trigger parts or other spare components could be required to know the average barrel length of the guns that they will be used in to avoid the sale of any component parts that would cause the overall length of the firearm to be less than that of an allowed gun. Otherwise, a manufacturer might find itself potentially subject to an appropriate penalty and/or forced to provide repairs to an outdated gun.
Barrel length restrictions add another layer of complexity to the already dense web of gun control laws and regulations. Gun owners and manufacturers should ensure that they remain in compliance with those laws and regulations, especially as certain jurisdictions tighten restrictions.
Legal Considerations for Gun Owners
If you are a gun owner, and you want to make certain that you are within the law, then it is important to be aware of any state or local laws that are more restrictive than the federal laws. The length of the barrel of your shotgun (whether you have an over and under style shotgun, a double barrel shotgun, or a pump action shotgun) may have an impact on whether you have a shotgun that is legal . Depending on how you altered the shotgun (if you did alter it), it is possible that local law enforcement may consider you to be in possession of an illegal weapon. If you are confused about the legality of your firearm, you should consider speaking to a skilled firearms attorney. They can help you determine what is legal in your state and what is not.