Defining a Pistol and a Rifle
Pistols are compact firearms that are held in one hand and designed to be fired from a staring position, having short barrels with a muzzle length of less than 12 inches. Pistol barrels vary in diameter and rifling pattern, depending on ammunition type and intended use. An array of features may distinguish pistols from one another, such as semi-automatic feeding systems, external hammers, magazine safeties and integrated compensators and laser optics. The majority of handguns sold in the United States are fitted with rifled barrels, which are necessary to stabilize a projectile and promote accuracy. Handgun barrels can be threaded to receive a muzzle brake or stabilizer, which helps to reduce the recoil experienced by the shooter .
Rifles are long-barreled firearms designed primarily for accurate, consistent shooting from a resting position. Ferguson and Baker rifles, developed in the 1700s, were early incarnations of weapons that would lay the foundation for modern rifles. These guns were fitted with rotating breeches, which permitted quick and easy reloading. The most significant technical advancements in rifles occurred during the 19th century with the advent of bolt-action operations. Bolt-action rifles are typically capable of firing only one round per trigger pull, but they offer a number of benefits including reliability, durability, improved consistency and better accuracy. Although many rifle barrels are fitted with rifled bores, smooth barrels are also available, particularly for pistols.
Legal Firearm Classification
Both pistols and rifles fall under the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) Classified Summary Table of Firearms. The list below breaks down the categories of pistols and rifles according to the ATF classification summary table:
Pistols fully assembled at the time of manufacture
Pistol frames
Pistol receivers
Pistol slides
Pistol barrels
Rifle slides
Rifle barrels
These categories are important because firearms classified as pistols or rifles are treated differently under federal and state firearms laws. For example, the Gun Control Act of 1968 imposes a number of requirements on manufacturers, sellers and purchasers of pistols and rifles. There are also different restrictions on carrying pistols and rifles, as well as different licensure requirements for dealers selling pistols and rifles.
Under the Federal Firearms Act, a pistol or rifle is expressly defined as any weapon that has a barrel length of 16 inches or longer, and B) any firearm with no shoulder stock, not physically designed or redesigned to be fired with one hand, and loaded or unloaded, or any combination of parts from which such a firearm can be assembled.
Furthermore, according to the Federal Gun Control Act of 1968, (Federal Gun Control Act USC 18 Sec. 921(a)(3)), the term "handgun" means:
A pistol, revolver, or other firearm designed to be fired with one hand, and having a still barrel length of less than 12 inches."
Accordingly, a pistol or revolver manufactured under either the US 1911 .45 cal or the Glock platforms will be defined as a firearm designed to be fired with one hand.
The federal government also has specific guidelines on the transportation of pistols and rifles. By way of regulation 27 CFR Sec. 478.31 any person is permitted to transport firearms for "any lawful purpose." However, the states also have their own laws regarding transporting firearms. For example, under Virginia law, there is no prohibition on transporting a firearm in a vehicle. Virginia gun owners can carry their pistol or rifle in plain view or concealed in a glove compartment. However, all firearms, whether pistols or rifles must be unloaded and carried in the trunk when being transported in a vehicle. In Maryland, on the other hand, you cannot transport a handgun in the passenger compartment of your vehicle unless you have a valid permit.
Age & License Requirements
As a general rule, 18-year-olds may purchase rifles legally in most states, including the District of Columbia. Those who wish to buy a pistol must be age 21 or older (again, with some exceptions). If you wish to carry a concealed pistol, some states require a permit for this, which under most circumstances require you to be over 21. There are some exceptions to these age requirements. For instance, full-time active duty military men and women can legally purchase a pistol even if they are 18 or 19. Other exceptions exist for active law enforcement officers. Finally, some states allow parents or guardians to sign off on an application for a person under the age of 21 to purchase a handgun.
Application and licensing procedures for pistols and rifles generally differ. For example, DC law requires individuals who wish to own a rifle to submit proof of "significant personal connection with the District," as well as pass a background check. In order to carry a pistol in DC, the applicant must provide three sets of fingerprints – no small undertaking for D.C. residents, with only two local police stations available for this process.
Further, there is also the issue of preemption to consider. Some states preempt localities from enacting laws on gun control, so in those states you will need to consult state laws on this issue. However, there are other states that allow cities (such as Washington, D.C.) and counties (such as Montgomery County, MD) to create their own laws on pistol and rifle ownership. Since these laws may vary significantly in language and requirements from their state-level counterparts, it is vital to check local statutes so that you don’t run afoul of local ordinances.
Carry & Use Rules
Both pistols and rifles are regulated on a state-by-state basis, and some localities may have their own regulations related to carry and use. Use of pistols and rifles is governed by Federal law, and can be found in Title III and Title IX of the federal Gun Control Act. It is important to note that the Federal law refers to pistols and revolvers as "hand guns," but regardless, pistols and revolvers are one in the same. Pistol therefore is the same as revolver, and pistols are governed by the same rules as revolvers.
The Gun Control Act is set out through a set of three different statutory provisions: The above provisions are broken down further and are found in Title 18 U.S.C. § 921(a)(17). It is important to note that this section only goes over rifles, shotguns, other firearms, pistols and revolvers as "Any other weapon" with no specific mention of pistols and revolvers. The Bureau of Alcohol, Tobacco, Firearms and Explosives ("BATFE") have interpreted pistols or revolvers as "Any other weapon" as it relates to the Gun Control Act.
In California, the right of a person to openly carry a pistol, revolver or other firearm capable of being concealed upon the person has traditionally been protected by the California Constitution. Pistol-only permits, or licenses to carry, are not valid in California. Calif. Penal Code § 25850(a)1 prohibits the carrying of an open pistol, revolver or firearm capable of being concealed on a person on any public place, except for those who have been issued a license to carry a pistol, revolver or firearm capable of being concealed. It is important to note again that California pistol-only permits are not valid in California.
Unlike the traditional open carry of pistols, California law allows the "open" carry of certain types of rifles that are not registered with the State. In 2012, California Penal Code section 31000.5 was enacted to prevent the development of a "deer rifle" as defined in California Penal Code section 32100.5(a)(7), which is any firearm, other than a handgun, that does not have a barrel and overall length of greater than 26 inches and that has a forged or welded trigger guard. The intent was to avoid the development of an entire category of firearms that would not qualify under any of the categories covered by the Gun Control Act.
As pistols and revolvers are categorized under the same categories as rifles or "other firearms," the requirements and restrictions including registration as applicable, would be the same as listed below.
Purchase & Transfer Restrictions
Pistols and rifles, both classified as firearms, have distinct requirements for purchase and transfer. Due to the narrow legal definition of a pistol, some states have made special provisions in their statutes for manufacturers to produce a large number of them. But state laws treat them differently.
States have classified exactly what can be called a pistol. Aspiring pistol owners should make sure they are aware of the requirements in the state where they live.
Some of the regulations for pistols also apply to revolvers, such as not being able to fire a projectile that takes on more than 12 foot-pounds of energy or reducing the gun’s barrel length to 12 inches (30.48 centimeters) or less. However, the prohibition against automatic or semi-automatic pistols without a fixed magazine applies only to pistols.
It is no surprise that the laws governing rifles vary from state to state, just like those for pistols. Further complicating things is the fact that laws for selling or trading rifles can change not only from state to state but also from county to county and municipality to municipality. For example, while Denver’s city code permits rifle ownership, its county code does not. Overlapping laws can create problems in places like Chicago, where certain suburbs permit rifle ownership, although it does not permit it in the city itself .
Many states do not permit pistol and rifle ownership by people under age 18. In those jurisdictions, usually only individuals who are at least 21 years of age may legally purchase rifles. In some places, individuals who are not yet 21 can possess the weapons but not buy them. There are also various degrees of licensing requirements to purchase firearms, which include everything from no license necessary to a full-blown state firearms dealer license.
The law is relatively simple when it comes to regulating sales by licensed dealers. Federal law forbids pistol and rifle dealers from selling guns to people who have been convicted of felonies or those who have a history of involuntary psychiatric care, to name just two groups. Sales within a state are also regulated by that state without necessarily following federal guidelines.
State laws apply to the sale of pistols and rifles between civilians, and vary widely in how they are applied. No state regulates how sales between people who own rifles or pistols over the Internet can be completed. Some do, however, regulate the sale of rifles or pistols at gun shows. Moreover, many states that require background checks on Internet sales exempt firearm sales via personal ads in magazines and newspapers.
Restricted Features
The legal restrictions on features of pistols and rifles vary considerably. For example, the authorized magazine capacity for semi-automatic pistols is often much lower than for rifles. States such as California have laws limiting the magazine capacity of pistols to 10 rounds or less. The maximum magazine capacity for rifles typically ranges from 10 to 30 rounds, and there are no magazine restrictions in most jurisdictions that prohibit the magazine altogether. In fact, low-capacity magazines are not typically even offered by rifle manufacturers.
Barrel length is another feature that can be defined differently. Rifle barrels are often longer than pistol barrels. But the Federal regulations regarding barrel length do not apply because they are restricted by different criteria. While Federal law defines firearms restrictions on barrel length for shotguns and rifles at 18 inches and 16 inches respectively, for pistols and revolvers, barrel length is defined based upon the overall ‘concealability’ of the firearm as a whole rather than on the basis of the barrel, alone. Also, some State laws subject rifles with pistol grips to restrictions on barrel length.
Another key difference between the restrictions governing pistols and rifles are additional features that affect whether a rifle is determined to be an "assault weapon" and subject to the panoply of restrictions on magazines and other "evil features," such as a bayonet lug, flash suppressors, pistol grips, etc. Some weapon features, such as an adjustable stock, pistol grip, and flash suppressor are so common that these features cannot be used by States to differentiate between an assault weapon and a non-restricted semiautomatic rifle or pistol. But when used in the right combination with other prohibited features, these additional features can be critical in determining whether the weapon is restricted or not.
International Rules & Comparison
The next step in this process is to consider what the law says about pistols and rifles internationally.
For example, in the United Kingdom, Firearms (Amendment) Act 1988 provides that "it is an offence for a person to have in his possession or under his control a pistol" (section 5(1)). Exceptions apply for members of the armed forces; for example, members of the armed forces are exempt from the prohibition if the pistol is for use on duty (section 5(3A)). On a recent trip to London, I noticed advertisements in the tube and on the train to Kent with graphic images of a gun, warning people not to bring it back into the UK with them.
By contrast, in Canada, there is a category of firearms called "prohibited" firearms, which includes virtually all hand guns; Republicans in the American state of Texas are often quoted as saying that "there’s no law against a pistol"; and, Japan has an exceedingly low gun ownership rate.
Even in the United States, the law varies by state and locality. For instance , in South Carolina, a handgun becomes "illegal" if it is carried without a concealed weapons permit. There are no such limitations for open carry.
Interestingly, in the South Carolina case, the state supreme court noted that "we do not undertake our constitutional analysis lightly, particularly where a constitutional right is at issue," referencing United States vs Miller 307 US 174 (1939), which had said that "As a constitutional matter we are not given the power to pronounce that in our opinion the advantage of society would be increased if weapons more dangerous and more unusual than those of the kind possessed by [militia men], were to be kept in the home." (See also Tennadaw v State of TN [2010] concluding that pistols were "likely too closely tied to the militia ethos and the Second Amendment’s militia-cum-individual-right history to be supported by the reasoning in Emerson.")
In short, the law surrounding pistols and rifles is different in every country and locality.