Is a Broomhandle a Short Barreled Rifle?

[Therapydude]

A local indoor range has an interesting handgun for sale (I believe it is being sold on consignment). The weapon is an original broomhandle (sorry I don't know more specifics, I'm just not very knowledgable about this era of firearms). Anyway, the weapon in question is basically a semi-automatic handgun which fits inside a wooden stock. The end of the stock can be opened, the pistol removed and then attached to the stock. I would assume this to be a short barreled rifle as it is designed to be fired from the shoulder and the barrel is considerably less than 16 inches. When I asked if purchasing said firearm required a Class III transfer, I was told no since the weapon is not fully-automatic. I stated that I realized that fact, but the short barrel length was my concern. I was told that barrel length was a "gray area" and that there wasn't really anything that stated a minimum length, except 18 1/2 inches for shotguns. I replied that 16 inches was minimum for rifles (didn't feel like arguing over 1/2 inch about the shotgun, as 18 inches is the minimum length, to my understanding). Anyway, my question is this: Does an older weapon (as the one in question) require a class III transfer? I would think that a SBR is a SBR regardless of when it was made. Thanks for any insight you all can provide.

 

[LAR-15]

Some guns like the one you mentioned can be exempted from the NFA by the Secretary

 

[cane]

The C-96 Mauser (broomhandle) is legal to have and attach the wooden stock/holster to.

 

[gezzer]

They have been removed from the NFA, along with lugers certain Browning high powers etc. This was done a while ago.

 

[Kharn]

As long as the holster/stock is the original one for the pistol (same serial number and not a reproduction, IIRC), its exempt from the SBR tax.

Kharn

 

[dfaugh]

The C-96 Mauser (broomhandle) is legal to have and attach the wooden stock/holster to.

That seems to be correct, even here in NY(with our atrocious gun laws)...my buddy has one(inclusing the stock), and its legally on his handgun permit.

 

[fourays2]

As long as the holster/stock is the original one for the pistol (same serial number and not a reproduction, IIRC), its exempt from the SBR tax.

reproduction stock are OK also, as long as they are faithful reproductions.

 

[Carl N. Brown]

Basically, pistol with shoulder stock is an NFA short barrel rifle
but several original antiques on the ATF Curio and Relics list
have been removed from NFA restriction.

Original manufacture Mauser Model 1898 (C96 Construction 96)
are legal with original or an accurate reproduction shoulderstock/holster.
(I carry a copy of my letter from ATF tech branch with mine
just in case questions are raised.)

Broomhandles built on NEW manufactured frames, such as
some of the Chinese imports, are NOT legal with shoulderstock.

 

[EOD Guy]

Here is a excerpt from the BATF Curio and Relics List:

SECTION III: Weapons Removed From The NFA As Collector's Items And Classified As Curios Or Relics Under The GCA


Mauser, commercial Luger Artillery model semiautomatic pistols cal. 9mm, Mauser banner marked, produced under contract for the Royal Thai Police accompanied by original, German mfd., detachable wooden shoulder stocks.

Mauser, model 1896 semiautomatic pistol accompanied by original German mfd. Detachable wooden
holster/shoulder stocks, all semiautomatic German mfd. variations produced prior to 1940, any caliber.

Mauser, Pistol-Carbine, model 1896, 7.63mm, with shoulder stock and 11-3/4" to 16" barrel.

Mauser, model 1902, 6 and 10 shot magazine capacity, semiautomatic pistols in cal. 7.63 x 25mm (.30 Mauser), having the distinctive hammer safety, barrel lengths of either 3.9 or 5.5", and accompanied by an original detachable wooden holster/shoulder stock.

Mauser, model 1912/14 pistol, 9mm Mauser short or .45 ACP, with original detachable wooden holster/shoulder stock and 5" barrel.

This excerpt is not all encompasing. It is just one small section of the list.

 

[Carl N. Brown]

Federal Curio and Relics List (and local laws)

Original Mausers with original stocks are on the ATF Curio and Relic List.

Localities with restrictions on shoulder stocked pistols often
honor the ATF Curio and Relic list.

Nationally, ATF accepts an accurate reproduction stock as
legal with an orginal pistol and as not subject to NFA.

BUT localities with restrictions on shoulder stocked pistols may
or may not accept an accurate reproduction stock as legal with
an original pistol and could insist on original stocks only or only
arms listed on the ATF curio and Relic list.

Thankfully, my locality leaves NFA items to federal regulation.

 

[Husker1911]

Didn't Navy Arms market a run of these sometime in the past twenty years? The stock was repro.

 

[LAR-15]

So curio and relict firearms are not subject to the NFA?

 

[cane]

LAR15 only some C&R are exempt, yolu have to read the manual very closely. For instance some Canidian made P-35 with origional shoulder stocks are exempt, but others, such as Belgin made P-35 (Browning Hi-Power) aren't exempt. An origional Shoulder stock for a P-35 may cost up to 3 times what the pistol does.

 

[LAR-15]

Thanks

 

[EOD Guy]

So curio and relict firearms are not subject to the NFA?

They are subject to the NFA unless they have been specifically exempted. There are three sections in the C&R list for NFA/former NFA items. They are

SEC. III.
Weapons removed from the NFA as collector's items which are determined to be curios or relics subject to the provisions of the GCA.


SEC. IIIA.
Weapons removed from the NFA as collector's items which are antiques not subject to the provisions of the GCA.


SEC. IV.
NFA weapons classified as curios or relics (still under the NFA and the GCA).