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Posted: 8/14/2007 7:43:53 PM EDT
Saw this over on the "wa-ccw" group-forum - thought I'd solicit it here for giggles...



I found a T/C Pistol that had a rifle barrel and Choate Folding Stock.

With the stock extended and the 16" barrel, it was legal as a rifle.

With the stock folded, it was legal as a pistol.

With the stock folded, is it legal in WA? I'm pretty sure this has
never been clearly defined, so I'm inquiring for academic purposes now.

With the stock folded, it's not really a shoulder-fired weapon anymore
so I'm thinking it just may very well be legit.

Opinions?


Link Posted: 8/14/2007 8:02:13 PM EDT
IBPiS
Link Posted: 8/14/2007 8:30:13 PM EDT

Originally Posted By mordecai:
Saw this over on the "wa-ccw" group-forum - thought I'd solicit it here for giggles...



I found a T/C Pistol that had a rifle barrel and Choate Folding Stock.

With the stock extended and the 16" barrel, it was legal as a rifle.

With the stock folded, it was legal as a pistol.

With the stock folded, is it legal in WA? I'm pretty sure this has
never been clearly defined, so I'm inquiring for academic purposes now.

With the stock folded, it's not really a shoulder-fired weapon anymore
so I'm thinking it just may very well be legit.

Opinions?




Best of luck to him in jail....

Folded is NOT a pistol, Built ORIGINALLY as a pistol, is a pistol. Build ORIGINALLY as a rifle is a rifle. Stock INSTALLED on a pistol is either a rifle or an SBR (depending on Barrel length)

Letter from ATF concerning AR Pistols (covers this topic pretty well)
Link Posted: 8/14/2007 8:52:10 PM EDT
Shameless post count inflater,

+1 to PCR-00,

once a pistol always a pistol, once a rifle always a rifle, and for the big one...
once a machine gun always a machine gun!

I have had 2 semi auto rifles that were recalled because ATFE had decided that I was in possession of a "semi automatic automatic weapon" go figure.
Link Posted: 8/14/2007 9:03:27 PM EDT
[Last Edit: 8/14/2007 9:13:56 PM EDT by mordecai]

Originally Posted By PCR-00:
Best of luck to him in jail....

Folded is NOT a pistol, Built ORIGINALLY as a pistol, is a pistol. Build ORIGINALLY as a rifle is a rifle. Stock INSTALLED on a pistol is either a rifle or an SBR (depending on Barrel length)

Letter from ATF concerning AR Pistols (covers this topic pretty well)


The Feds require that all stocks be extended before measuring OAL - so federally, this would be a rifle (built on a pistol receiver). (To measure overall length, do so along "the distance between the extreme ends of the weapon measured along a line parallel to the center line of the bore." On a folding stock weapon you measure with the stock extended, provided the stock is not readily detachable, and the weapon is meant to be fired from the shoulder.) ie, not a buffer tube

WA law doesn't clarify this, nor is there precedence that I know of, but that's the reason for asking. Also, WA doesn't have the whole "constructive possession" statutes that I'm aware of so a collection of parts or the ability to take a buttstock isn't at issue either (see all those Lugers, HiPowers, etc... with shoulder stock tangs).

So the funny part would be, if the stock is closed, it shouldn't fall prey to "intended to be fired from the shoulder", but could qualify for "or is designed to be held and fired by the use of a single hand".

Or with the buttstock extended, it is a shoulder-fired weapon with a 16" bbl and 26" OAL, so its a rifle...

And United States v. Thompson-Center Arms Company (1992) resolved the "pistol can be a rifle/shotgun and back" issue, just not the other way around.
Link Posted: 8/15/2007 9:32:18 AM EDT
[Last Edit: 8/15/2007 9:43:42 AM EDT by mordecai]

Originally Posted By PCR-00:

(2) "Pistol" means any firearm with a barrel less than sixteen inches in length, or is designed to be held and fired by the use of a single hand.


I like this clause more - it's pretty much an open hole.

Link Posted: 8/15/2007 11:23:30 AM EDT

Originally Posted By mordecai:

Originally Posted By PCR-00:

(2) "Pistol" means any firearm with a barrel less than sixteen inches in length, or is designed to be held and fired by the use of a single hand.


I like this clause more - it's pretty much an open hole.

www.swedeforums.com/images/m2Funwithrcw941.jpg


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