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Posted: 9/16/2004 6:42:57 AM EST
need info for a letter to editor.
thanks
Link Posted: 9/16/2004 6:47:30 AM EST
AFAIK- the rifle must be over 26" when fully extended.

IIRC the underfolding AKs are 25" +/- with the stock folded.

Open to correction as I'm not overly familiar.

Sly
Link Posted: 9/16/2004 6:53:38 AM EST
[Last Edit: 9/16/2004 7:50:54 AM EST by JohnTheTexican]
"The term ''short-barreled rifle'' means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches."

28 USC 921(a)(8).

A Chinese AK underfolder is 25 3/4 inches long when the stock is folded. A California state court held that the measurement is made with the stock folded, and that that such a firearm was a short barreled rifle under state law (which was virtually identical to the federal statute). I believe that there is a Michigan Attorney General opinion reaching the same conclusion. Nevertheless, that does not appear to be the case under federal law.

It appears (and several non-authorative sources state) that the measurement is made with the stock extended under Federal law (otherwise underfolding AKs would not have been importable except as NFA items). But I searched the U.S. Code, the Code of Federal Regulations, the Federal Register, and federal case law, and I didn't find anything.
Link Posted: 9/16/2004 6:55:25 AM EST
Michigan = under 30 inches is a "pistol" (purchase permit required) and under 26" is an illegal SBR
Link Posted: 9/16/2004 6:56:58 AM EST
Link Posted: 9/16/2004 7:05:07 AM EST
thank you guys.
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