is the 26" overall length of a weapon measured with the stock opened? the weapon I am asking about has a side folding stock on it, when folded, the weapon is not 26", but when opened, it meets this requirement. Is this legal, I was discussing this with a friend and wanted to get more info about it. The weapon is a Preban weapon.

Under federal law, the measurement is done with the stock open/extended.

In the PRK, the measurement is done with the stock folded/collapsed, and the requirement was changed to 30" minimum, or it's a PRK assault weapon (that had to have been registered as such last year).

-Troy

Troy is correct.  Under the NFA, telescoping and folding stock firearms are measured with them fully extended in their normal shooting configuration.  Remember the M1 Carbine which got the law changed from 18" to 16" bbls?  Guess how long the perfectly leagl M1A1 Carbine, with the paratrooper folding stock is....  Hint, it ain't 26" long and can be fired with the stock closed.  [;)]

Have no clue about California, though, and local laws may vary.

-- Chuck