I am considering doing paperwork to have my first SBR. I am wondering if there are any legal benefits, or drawback, to using an SBR over rifle caliber pistol in a home defense incident. Thank you for your time and feedback.
Is there more (or less) legal protection if an SBR vs AR pistol is used in a home defense incident? I am in NC
As long as they are legal firearms in your state, I don’t know why there would be any difference in legal benefits for either firearm.
No matter what firearm you use for self-defense, the DA could question you about it and any modifications you may have made to the firearm. I would suggest being able to articulate why you used the firearm you used – no matter which firearm you use.
I am not licensed in North Carolina and cannot give legal advise.
I am assuming that neither the SBR or the rifle caliber pistol are unlawful in NC. That said, the advantage of the rifle caliber pistol is that you do not need the anything special to own it. The downside is that it feels like the ATFE changes rules more often than my wife changes her hair color and what is perfectly legal today may require a stamp tomorrow. I would also expect that the rifle caliber pistol will also face increased scrutiny by law enforcement to determine if it is an unstamped SBR.
The advantage to having the SBR with the appropriate stamp is that it will be presumptively legal with production of the stamp. The downside is that it is a SBR which will also get extra attention just like if it were fully automatic or had a silencer or any other exceptional quality.
My only question is why not go with the same weapon you are talking about with a 16 inch barrel? There is an obvious increase in size but it doesn’t require the stamp and, while demonized by the left, is the most common rifle owned in America. My assumption is that you are looking at the AR platform or similar.
Thank you so much for your response Dawn. And I appreciate your reminder to be prepared to articulate why I selected such a weapon for home defense. (As if it should matter as long as the weapon is legal and legally possessed, right! LOL!) Thank you again.
Mike, thank you too for your thorough response. Indeed, both SBR’s and rifle caliber pistols are legal, as are silencers when following proper tax stamp procedures. Indeed, you highlighted the core parts of my question about whether one firearm or the other would provide a greater legal protection from prosecution, God forbid, I should ever have to defend my family. I do legally own an rifle caliber pistol and I am weighing whether or not to SBR it based on this. Your argument for just staying with a standard length rifle is compelling. I also own AK platform rifles, and I am wondering if there would be greater ‘practical’ legal jeopardy if an AK platform rifle was used for a home defense incident vs the aforementioned demonized AR. Lastly, I currently have a high capacity 9mm semi-auto pistol equipped with a legally owned silencer. From your reply above I suppose I am incurring the potential for greater scrutiny as well. Amazing. Again, thank you so much Mike for your reply particularly as a USCCA attorney. I truly appreciate it Sir.
@Matthew88 as always @Dawn & @MikeBKY offer great advice. In general though no matter what you use you will come under scrutiny. The main issue I would have is not so much which platform you use it is more that it WILL be confiscated for the foreseeable future and in some instances it will be destroyed. I’m thinking that having (potentially) 2 tax stamps in the house they might also come under question and may even be confiscated during you judgement.
Non withstanding anything of the above I’m opting for the suppressed pistol for use inside the house because an AR anything short barreled is loud to begin with and stupid loud in a hall way even with auditory exclusion. At least then you have the argument that you are concerned about not only your safety but concerned for the continued health of yourself and others in the house.
Q: Why did you shoot him with a silencer?
A: I shot him with my pistol and the suppressor was for my/my families protection from dangerous noise in an enclosed space, that’s also why I used 147gr subsonic ammunition to limit over travel.
Not a lawyer, but I have been trained by your government to think outside the box.
Thank you Craig6!
Yes, @Dawn and @MikeBKY did give me excellent feedback. Frankly, it is questions like this one I asked and my corresponding concerns that led me to have my wife and I join USCCA. I am grateful for their responses and yours Craig6. That is very helpful information. It is a sad state of affairs we are in when we have to justify the use of a legal, and legally owned, firearm in the event it must be used in a justifiable home defense / self-defense scenario. Thank you for taking the time to share your thoughts my friend.
@Matthew88 where about’s in NC do you reside? I have my 1 mile range in Camden (I think) county and often interact with local PD/SWAT there as I am an adjunct instructor for the NC Sniper Academy which is run by a friend of mine as well as some good folks who are in the world of SBR’s and suppressors. As one of them notes, “If the thread fit’s, wear it.”
Hello Craig6! I am in north Raleigh. Looks like your academy is down at the coast. Sounds like a cool academy!!!