Constitutional Carry Braced Pistol In Cars : What’s Allowed?

[u/GTAMuppet]

I have my CCL in Ohio but I realize we have Constitutional Carry for a couple of years now. I’m mostly wondering if something that’s chambered in a rifle caliber can be carried in a vehicle. I understand a braced gun is considered a pistol so technically it can be carried loaded in vehicle’s cabin. What about AK pistols that are 7.62x39? (ZPAP92 for example) I have asked about this at ranges and gun stores and get different answers. And I’m not simply looking for weigh-ins saying I can or can’t. That really wouldn’t make a good defense in court. These laws are so muddied I am wondering if there are official websites with the information. I have read the firearms section of the ORC and a lot of this stuff is not addressed and left for us to just “assume”. That scares the hell out of me because if I’m a law abiding citizen who happens to misinterpret a very vague gun law my entire life can be turned upside down for from a low level traffic violation.

[u/Plastic-Abalone-7513]

It's whatever the FFL put on the 4473 when they transferred it to you. If they checked rifle it's a rifle if they checked pistol it's a pistol.

Will they confiscate it and maybe charge you, that's officer discretion and how well they know the law. You go to court and fight it there.

I am sure your ak pistol or ar pistol isn't sitting in plain view in the car so don't say anything unless they ask and just tell them yes you do have pistol(s) in the car and go from what he wants you to do, don't volunteer more info than needed.

[u/vio212 → u/Plastic-Abalone-7513]

So if my dealer checks pistol but sells me a rifle I can just do anything I want to the weapon and no matter what, it will always be a pistol?

What if they sell me an AR pistol but I put a 16.5" barrel on it and then put a VFG and a stock on it? Did I just create an SBR because the 4473 was checked pistol?

Firearms are not immutable. They can be transformed otherwise there would never be any gun law violations because every 4473 would just have the right box checked and that would be end of story.

[u/Plastic-Abalone-7513 → u/vio212]

It's all based on what it was originally sold or manufactured as. So if the FFL received it as a rifle and sold it as a pistol that would need to be a form 1 along with the 4473 since they manufactured the pistol from a rifle and this made it a sbr even if it is in rifle configuration.

Big thing is a rifle has to stay a rifle unless it's made into an sbr with a form 1

A pistol can become a rifle and go back to a pistol or become a sbr and even from an sbr it can go back to a pistol. All depending if it has a brace as a pistol or a stock and barrel longer than 16" and overall length over 26" to make it a rifle.

Also a vfg on a pistol makes it a AOW and needs a form 1 also. So no vfg with a brace on a pistol.

https://www.atf.gov/firearms/docs/ruling/2011-4-pistols-configured-rifles-rifles-configured-pistols/download

https://www.atf.gov/firearms/qa/can-i-lawfully-make-pistol-rifle-without-registering-firearm#:~:text=Assuming%20that%20the%20firearm%20was,inches%20or%20more%20in%20length.

Above is the ATF ruling on it

[u/vio212 → u/Plastic-Abalone-7513]

ATF can say whatever they want (a shoelace is a machine gun let’s not forget) they are total clowns. It’s a matter of have they successfully charged anyone under these rules? And have these rules been challenged in a court in anyway at all?

They make bogus rules all the time.

They have a rule right now that pistol braces are illegal. Yet here we are….

[u/Plastic-Abalone-7513 → u/vio212]

Well they can't make any new rules since Chevron has been overturned but don't know if all the old rules still apply until someone is charged for it, we can't file a lawsuit until there is a defendant to have status. Then there are also state laws that ban sbr and other NFA items on the state level. And how they define an sbr might be different from the federal way. And you could get arrested for transportation through that state on the way from a legal state to another legal state. Like going from Indiana to Iowa or Missouri and you pass through Illinois.

[u/vio212 → u/Plastic-Abalone-7513]

Generally states abide by safe harbor for transportation purposes but these days who knows.

I’m just saying that the ATF has made rules for a million things that make no sense (like this box checking) and don’t withstand even common sense scrutiny let alone what a judge would say if it was in front of them.

No unbiased judge would agree with a gun being permanently immutable from a box being checked on a form. It’s an ATF wishlist item. It stands only to scare folks who follow the law which is all the ATF does. Turn law abiding citizens into criminals.

They are the embodiment of government excess and tyranny in every way.