NFA and Folding Stocks?

[Dain Bramage]

I have heard that folding stock rifles are measured with stocks extended for the 26" minimum overall length rule. Otherwise, M1 Carbines with folders would fall under the NFA as short rifles. However, I can't find this exception anywhere on the ATF website, or in the NFA regulations listed there.

Can anyone tell me if this is true, and if so, a reference to the regulation?

This is a hot topic on AK sites, concerning folders after the AWB sunsets, but I have not seen a definitive answer. Some 16" barrelled AK folders would be about 25" in length with the stock retracted.

 

[natedog]

The rifle has to be longer than 26" with the stock extended.

 

[Dain Bramage]

Yes, I understand. But where does it actually say that?

The NFA description of a short rifle doesn't mention folding stocks at all.

 

[c_yeager]

I think we had a thread about this very question just last week. I don't think anyone could provide specific citations of law though. I think this is because the definition of an AOW as applied to folding stocks is arbitrarily decided by the ATF on a case by case basis. I've never seen a case where a folding stocked rifle's OAL was measured in any other way than with the stock extended.

 

[Librarian]

Looks like 27 cfr 479.11

Firearm. (a) A shotgun having a barrel or barrels of less than 18
inches in length; (b) a weapon made from a shotgun if such weapon as
modified has an overall length of less than 26 inches or a barrel or
barrels of less than 18 inches in length; (c) a rifle having a barrel or
barrels of less than 16 inches in length; (d) a weapon made from a rifle
if such weapon as modified has an overall length of less than 26 inches
or a barrel or barrels of less than 16 inches in length; (e) any other
weapon, as defined in this subpart; (f) a machine gun; (g) a muffler or
a silencer for any firearm whether or not such firearm is included
within this definition; and (h) a destructive device. The term shall not
include an antique firearm or any device (other than a machine gun or
destructive device) which, although designed as a weapon, the Director
finds by reason of the date of its manufacture, value, design, and other
characteristics is primarily a collector's item and is not likely to be
used as a weapon. For purposes of this definition, the length of the
barrel having an integral chamber(s) on a shotgun or rifle shall be
determined by measuring the distance between the muzzle and the face of
the bolt, breech, or breech block when closed and when the shotgun or
rifle is cocked. The overall length of a weapon made from a shotgun or
rifle is the distance between the extreme ends of the weapon measured
along a line parallel to the center line of the bore.

I'm guessing that 'extreme ends' are not reached when a stock is not extended. But my guess isn't a citation to an exact quotation from any law.

 

[Hkmp5sd]

As far as I know, it is not codified. According to Bardwell, the measurement is taken with the stock extended and is legal provided "the stock is not readily removeable and the weapon is designed to be fired from the shoulder."