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legality of underfolder AKs

Discussion in 'Rifle Country' started by Candiru, Nov 17, 2008.

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  1. Candiru

    Candiru Member

    Feb 1, 2005
    I've done a bunch of searching, but either my google-fu is weak or there is no definite answer. What I've been trying to figure out is why underfolder AKs are legal without a welded-on muzzle device. From the barrel crown to the rear of an AK's receiver is 25 inches, which is under the length defining a short barrelled rifle. I understand that the ATF measures the length of the rifle with the stock fully extended, but isn't there a gray area where firearms that can fire with the stock folded are concerned?

    Basically, what I'm looking for is some sort of documented black-and-white info on what makes underfolders legal. It has to exist, given how many are sold, but making inferrences on legality is always a little hinky. It would be really neat to make my next build an underfolder, but I'd rather not trade a stay in prison for the experience.
  2. nalioth

    nalioth Member

    Jul 9, 2007
    Houston, Texas
    Do you live in Michigan?

    Yes -> It's a pistol (thanks to the weird wording of the law in MI)

    No -> It's legal.

    No gray areas. "Stock extended" means "stock extended".

    P.S. If they were illegal, do you think Century and peers would have sold over 20,000 of them?
  3. WardenWolf

    WardenWolf member

    Nov 11, 2008
    Northern Virginia
    I believe the ATF's logic is this:

    An AK cannot be effectively utilized with the stock folded due to the weight and the high recoil of its round. While this does not outright preclude its use in this manner, its intended use is with the stock extended. You theoretically could pistol wield some other models of rifles, yet this does not run afoul of the restriction on AP pistol ammo when wielded in this manner. It's the whole concept of intended use. The AK, when fitted with any kind of stock, is classified as a rifle, and part of its "assembly" is deploying the stock.
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