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reminder: OAL of Rifles

Thread in 'Law & Order' started by GAgunLAWbooklet, Mar 24, 2020.

  1. GAgunLAWbooklet

    GAgunLAWbooklet The Hen that laid the Golden Legos Supporter

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    I don't want to clutter up somebody's Buy/ Sell/ Trade thread any more than it already is,
    so let me start this new thread here in the Law & Order section.

    HYPOTHETICAL:

    A rifle or carbine comes with a stock that is easily detached.
    The gun will fire, and is operational, without the stock in place.
    The rifle's barrel is 16" long or more, BUT...

    but...

    Without the stock on its back end, the weapon's OAL is short of the 26" overall length standard. Therefore, taking the stock off has had the legal effect of making an SBR, but not for the normal reason (too short barrel). Here, the barrel isn't the problem, it's the overall length.

    The problem could be prevented by using a longer barrel OR attaching some sort of stock that extends the back end of the weapon a few more inches toward your torso as you hold it.

    LINK TO STORY WHERE WOMAN WAS CHARGED FOR EXACTLY THIS OFFENSE:

    https://www.guns.com/news/2017/09/12/california-woman-charged-with-illegal-sbr-over-stock-less-1022

    She possessed the barreled action and trigger group (in place), of a Ruger 10/22. The barrel actually looks like a standard 18.5" model, not even the 16" or 16.5" models that are also on the market. But lacking any stock, the gun measures only 24" overall. Two inches short.

    *EDITED TO ADD* But she didn't have a magazine in place. I assume the gun was unloaded, too, since the 2 news reports I read didn't say otherwise. If it were loaded, I'm sure they'd have said so.

    AR-15 receivers with any sort of buffer tube will clearly exceed OAL with a 16 inch barrel, but that might not be for a rimfire or pistol caliber semi-auto. They have shorter actions (shorter receivers) that can trigger (no pun intended) this problem.

    ** EDITED TO ADD: I think that's why the Ruger Charger pistol stocks have that extra wood projecting to the rear. It serves no purpose but to artificially add to the OAL which would be a legal concern IF somebody put a 10/22 (rifle or carbine) barreled action in that pistol-grip-only stock. ***
     
  2. BigMike

    BigMike ODT Junkie! Supporter

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    What a bunch of baloney.
     
    lisztomania7, 300_whisper and Dirty J like this.
  3. benjamin

    benjamin The Hen that laid the Golden Legos Supporter

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  4. GAgunLAWbooklet

    GAgunLAWbooklet The Hen that laid the Golden Legos Supporter

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    Well that's nice. But the laws are on the books, and they apply whether you agree with them or not. Even whether you understand them or not.
     
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  5. Rabbit2047

    Rabbit2047 Mayor of Boomerville Supporter

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    More fear mongering from our resident "Expert"....

    ATF already had ruled on this in 2011.... California may charge her with it still but she's cleared federally.
     
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  6. Rabbit2047

    Rabbit2047 Mayor of Boomerville Supporter

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  7. Seabass19x

    Seabass19x 5.45 Master Race Supporter

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    Like a lot of laws, I think prosecutors are mainly looking for intent. If your intention is to use and possibly fire the weapon in such configuration (stock removed) then you've made an SBR as stupid as that is.
    I doubt anybody that dissasembles their gun for cleaning, repairs, etc will ever face such charges.
     
    GAgunLAWbooklet likes this.
  8. GAgunLAWbooklet

    GAgunLAWbooklet The Hen that laid the Golden Legos Supporter

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    More B.S. from our resident gunsmith who thinks he knows how to read laws, or even read ATF technical opinions.

    You know what, I'm not going to bother correcting you.
    Try reading and thinking about the question presented in ATF ruling 2011-4, dated 7/25/2011.
    You probably won't figure out why you're wrong, but I don't care.
    Do what you want.
    When you get arrested, make sure to be your own lawyer and do your own research on Google.
     
    pavogrande likes this.
  9. GAgunLAWbooklet

    GAgunLAWbooklet The Hen that laid the Golden Legos Supporter

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    Agreed. Laws shall not be given a construction (interpretation, application) that is absurd, and it would be ridiculous to assert that the NFA makes it illegal to take your gun's action out of the stock for cleaning, or to swap stocks, or to have custom parts installed.

    We're only talking about taking a gun's stock off and keeping the rest of the gun ready to use, or actually carrying it or shooting it with the butt stock off.

    This is especially true if the stock is NOT physically with you when the authorities find you with the barreled action, or if the stock is missing the attachment hardware to install it on the gun.
     
  10. BIKER13

    BIKER13 Redneck Expert Supporter

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    was she using the gun it that shape?
     
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