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Posted: 2/28/2008 4:03:25 AM EDT
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A lot of folks at the GSG-5 sub-forum (under Armory) would like to have this matter clarified. So I thought of asking your feedback based on your understanding of the NFA laws and regulation. While I already have 3 Form 1 and 2 Form 4, this is the first time this situation came my way. So here is the question (scenario). GSG-5 is a fairly new "MP5" copy that is a 22LR caliber. It has 16 inch barrel. Some folks over at the sub-forum (including myself), have installed a "collapsible stock" that is meant to be used for airsoft guns. It fits perfect. However, since the stock was designed for airsoft guns, there was a piece of metal that normally goes into the airsoft body that functions as a "stopper" for the slider. What it does is it keeps the sliding stock from being "detached" when pulled back all the way (beyond the last notch). This piece of metal cannot be used with the GSG-5 body. The end cap that holds the slider is "screwed on" and needs a tool to be removed. However, when you pull the stock past the last notch, it WILL fall off. So, without any intention of using it as a pistol, IS THERE A POTENTIAL VIOLATION HERE of any ATF LAW, having the slider falling off issue when retracted beyond the last notch? I measured the rifle without the slider, but with the end cap screwed on. Front of barrel to the back end of the "end cap" is 25 inches. Over all length with stock Extended is 33 inches. My GSG-5 will be SBR'd to. I am now working on the Form 1. But I thought of asking this anyway so I can pass it on to the other guys at the GSG sub-forum. Thanks folks. |
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Having the sliding stock "fall off" is not a legal problem if you put it back on immediately. However, if you shoot it with the slider off, or routinely store or carry it with the slider off, you are using or maintaining it in an illegal configuration (OA length less than 26"), and that might be grounds for a felony arrest. Had a relevant case here in Florida last year. An individual had a manufacturer-pinned-on muzzle brake come lose when the pin broke, leaving the barrel at sub-16". If he had ceased using it, and made an appointment with a gunsmith, he prolly would have been OK. Instead, he kept shooting it without the brake during several range visits over a couple of months ... and eventually got busted. The fact that he did not intentionally remove it, and that the illegal config resulted from a manufacturer's defect, was not sufficient defense against arrest and prosecution. By using it and keeping it in that condition, he was breaking the law. YMMV. HTH.
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| If the stock can be removed without tools, the rifle must be over 26" long with the stock removed. A stock which "falls out" is the same thing as a "detachable stock", the key element being that no tools are required to put the overall length into an illegal condition. This is not the same situation with folding stock rifles, which can be less than 26" with the stock folded, since these are measured with their stocks extended (under federal law anyway). This is why UZI carbines cannot have removable fixed stocks, but can have folding stocks which make the overall length almost as short, in this case around 24" overall. |
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