AK Sponsor
Posted: 2/4/2008 3:35:10 PM EDT
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Sorry to be such an idiot, but just for my own clarification... Maadi AK-47, 16 inch barrel, with a side folding stock......is overall length measured with the stock folded or not folded>?? |
| Where are you guys getting that it's extended? You have to measure in it's most collapsed configuration. And how are you getting them to be over 26" in a collapsed state? Are we talking AK 47's or 74's? And are those muzzle devises permanently afixed because if they aren't you need to remove them and then measure. Why do you think you needed to blind pin or permanently afix a muzzle device on an AR barrel shorter than 16". Same thing whether it's the barrel or overal length. |
Incorrect. Please Consult the BATF's NFA Handbook Chapter 2 page 8-9 For those lacking the book here is the quote:
(emphasis is mine) |
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You have to look at the context of your quote. Firstly it is in the 'Any Other Weapon' heading. We are talking rifles. Next it is describing a specific type of 'Other Weapon'. Here are the sentences in their entirety. 2.1.5 Any other weapon. Firearms meeting the definition of “any other weapon” are weapons or devices capable of being concealed on the person from which a shot can be discharged through the energy of an explosive. Many “any other weapons” are disguised devices such as penguns, cigarette lighter guns, knife guns, cane guns and umbrella guns. Also included in the “any other weapon” definition are pistols and revolvers having smooth bore barrels designed or redesigned to fire a fixed shotgun shell. While the above weapons are similar in appearance to weapons made from shotguns, they were originally manufactured in the illustrated configuration and are not modified from existing shotguns. As a result, these weapons do not fit within the definition of shotgun12 or weapons made from a shotgun13. The “any other weapon” definition also includes specifically described weapons with combination shotgun and rifle barrels 12 inches or more but less than 18 inches in length from which only a single discharge can be made from either barrel without manual reloading. The firearm most commonly associated with this portion of the definition is the Marble’s Game Getter. NOTE: One version of the Marble’s Game Getter was produced with 18-inch barrels and a folding shoulder stock. This model of the Game Getter, as manufactured, is not subject to the provisions of the NFA because it has barrels that are 18 inches in length and the overall length of the firearm, with stock extended, is more than 26 inches. However, if the shoulder stock has been removed from the 18-inch barrel version of the Game Getter, the firearm has an overall length of less than 26 inches and is an NFA weapon. Specifically, the firearm is classified as a weapon made from a rifle/shotgun. The “any other weapon” definition excludes weapons designed to be fired from the shoulder that are not capable of firing fixed ammunition or a pistol or revolver having a rifled bore. However, certain alterations to a pistol or revolver, such as the addition of a second vertical handgrip, create a weapon that no longer meets the definition of pistol or revolver.14 A pistol or revolver modified as described is an “any other weapon” subject to the NFA because the weapon is not designed to be fired when held in one hand. As stated above, a pistol or revolver having a rifled bore does not meet the definition of “any other weapon” and is not subject to the NFA. It is important to note that any pistol or revolver having a barrel without a rifled bore does not fit within the exclusion and is an “any other weapon” subject to the NFA. I have no idea how you can read that and infer that this would extend to a folding stock on a rifle. I can tell you that the BATF won't. I'll have to see if I can find where it states that it must be in it's most collapsed condition. Here is a link to the online version of the above. http://www.atf.gov/firearms/nfa/nfa_handbook/index.htm |
Rules for folding stock are applied the same for rifle & shotgun.
http://www-2.cs.cmu.edu/afs/cs.cmu.edu/user/wbardwel/public/nfalist/nfa_faq.txt I can't find any federal case where this was put to the test either way. |
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