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U.S. Spg. 45-70 12.5 in.barrel

jc40jc40 Member Posts: 150 ✭✭
edited June 2005 in Ask the Experts
Do any of you know if a U.S. Springfield 45-70 cut down to 12.5 inch barrel is BATF Legal.I wished to bid on this Gunbroker Auction for the action but was informed by BATF Inspector that he thinks it is illegal. Can any of you save me the researching time by knowing the answer now. Hope some of you may know. Thanks

Dr. J. Curtis Lane
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    nmyersnmyers Member Posts: 16,879 ✭✭✭✭
    edited November -1
    First, the opinion of any ATF employee, other than the written opinion of the Chief, Firearms Technology Branch, is of no value. So, forget what the Inspector told you.

    If you want to research this on your own, you need to get a copy of Federal Firearms Regulations Reference Guide (ATF P5300.4). According to Title 26 USC Chapter 53 Section 5845, a short-barreled rifle has been cut to an OA length < 26" or a barrel cut to < 16"; it is considered to be a National Firearms Act weapon subject to registration & taxes.

    In any case, most firearms violation arrests are made by local LEO's, not ATFE agents. Few of them know the intricate details of federal firearms law. If caught with a short barreled rifle, trust me, they will not get out their manuals & politely debate the legality with you. They will arrest you & let the district attorney figure it out. Your photo will be in the local paper, & your attorney will want at least a $10,000 retainer to defend you.

    Hardly seems worth taking a chance, just to get a mutilated piece of junk.

    Neal
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    jc40jc40 Member Posts: 150 ✭✭
    edited November -1
    Thank you very much Neal Myers I consider myself fortunate you replied so quickly and informatively. I surely had reservations about bidding on that item and I feel much better by passing.
    I note there has been a bid on the item and hope no one gets themselves into trouble. Seems the seller would have been better off parting out the gun. Thanks again for your help.

    Dr. J. Curtis Lane
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    MIKE WISKEYMIKE WISKEY Member, Moderator Posts: 9,972 ******
    edited November -1
    WHAT THE OTHER POSTERS TOLD YOU IS CORRECT. ANY RIFLE ACTION + 12.5" BARREL = BIG NO-NO. ACTION W/NO BARREL = OK
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