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Legal classification of stock-less rifle?

Posted: Wed Oct 21, 2009 11:29 pm
by dude
I bought my first rifle a few weeks ago, a Remington 597. After disassembling it for the first time, it occurred to me that after removing the stock I still had a fully functional, if not ergonomic, firearm.

In that state, it no longer meets the federal definition of a rifle since it can't be fired from the shoulder. And it's only 25.5" long without the stock, so would be illegal if it did fall into the rifle category.

Is it a now handgun? Would it have to be concealed if I had it disassembled in my car? Or would it fit better in the "AOW" category?

Silly question, but I can't help wondering.

Re: Legal classification of stock-less rifle?

Posted: Thu Oct 22, 2009 12:16 am
by joe817
Hey dude, not a silly question at all. This is a place we come to to learn. Gosh I know I've learned a lot since I've been here.

It seems to me that it would be classified as a "Short-barrel firearm", as per PC 46.01(10):

"(10) "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches."

That's the definition. It's illegal to possess under PC 46.05(3):

"Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
.
.
.
.
e) An offense under this section is a felony of the third degree unless it is committed under Subsection (a)(5) or (a)(6), in which event, it is a Class A misdemeanor."

Re: Legal classification of stock-less rifle?

Posted: Thu Oct 22, 2009 8:59 pm
by dude
I think that nails it. I only looked at the federal laws when I was reading. I guess Texas has it explicitly covered, but the Feds don't.

Those to-the-inch laws are crazy to begin with, but the unintended consequences are laughable. To think that I commit a felony in the process of cleaning a rifle....

Re: Legal classification of stock-less rifle?

Posted: Sun Nov 15, 2009 8:57 pm
by HankB
dude wrote: To think that I commit a felony in the process of cleaning a rifle....
And not only that, you admitted to it in an open forum . . . :nono:

Guess who's going to be knocking (if you're lucky) on your door at o'dark thirty . . . :shock:

Re: Legal classification of stock-less rifle?

Posted: Sun Nov 15, 2009 9:51 pm
by boomerang
dude wrote:I think that nails it. I only looked at the federal laws when I was reading. I guess Texas has it explicitly covered, but the Feds don't.
Sure they do. USC TITLE 18, PART I, CHAPTER 44, § 921. Definitions
(8) 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.

Re: Legal classification of stock-less rifle?

Posted: Sun Nov 15, 2009 10:52 pm
by Mike1951
My SU-16C Keltec, with the stock folded, measures 25.5"

It is designed to also be fired in the folded position.

I queried Keltec and was told that ATF had approved it as designed. I never heard any justification for the exception.

I added a Yankee Hills flash hider just to be on the safe side.

Re: Legal classification of stock-less rifle?

Posted: Mon Nov 16, 2009 12:09 am
by Aggie_engr
Now that you mention it mike, I wonder what the overall length of my brothers Sig 556 is when it's folded up? It came from Sig with the folding stock and can be shot with it folded in. I'll have to ask him to measure it... :confused5

Re: Legal classification of stock-less rifle?

Posted: Mon Nov 16, 2009 1:33 am
by G.A. Heath
Rifles with folding, and collapsible stocks are measured with the stock in the position that gives the rifle its greatest overall length. Just like Barrels are measured from the bolt face to the end of the barrel and/or permanently installed muzzle device.