ATF and legality of folding stocks

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  • pcolagunner

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    My question is where does the ATF stand on folding stocks? Can you have one on a rifle provided the barrel is 16" and maintains the proper over all length when unfolded or does it matter? Can you have one on a AR Pistol or if you did would it make it an NFA item? Thanks for any info and or links you can provide.
     

    TennJeep1618

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    My question is where does the ATF stand on folding stocks? Can you have one on a rifle provided the barrel is 16" and maintains the proper over all length when unfolded or does it matter? Can you have one on a AR Pistol or if you did would it make it an NFA item? Thanks for any info and or links you can provide.

    I'm not a lawyer, but common sense (if there is such a thing when considering NFA laws) tells me that if the gun has a 16" barrel, there is no problem with a folding stock. If the gun has a barrel less than 16" and is not registered as an SBR, it cannot have a stock of any kind, folding or not.
     

    pcolagunner

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    I'm not a lawyer, but common sense (if there is such a thing when considering NFA laws) tells me that if the gun has a 16" barrel, there is no problem with a folding stock. If the gun has a barrel less than 16" and is not registered as an SBR, it cannot have a stock of any kind, folding or not.

    Be careful with using common since and NFA in the same sentence lol. That's what I was thinking Jeep but hell you never know. I tried looking up the ATF laws and it read like stereo instructions of course. Here is another wrench to throw in the gears. What if you had an under 16" barrel but only a pistol buffer tube, could you fold that since technically it's not a stock?
     

    TennJeep1618

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    What if you had an under 16" barrel but only a pistol buffer tube, could you fold that since technically it's not a stock?

    That would be perfectly legal, from my perspective. People put folding adapters on AR pistols with a Shockwave or Sig brace all the time. It's not a stock (meant to be shouldered), so it doesn't matter.
     

    kendive

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    That would be perfectly legal, from my perspective. People put folding adapters on AR pistols with a Shockwave or Sig brace all the time. It's not a stock (meant to be shouldered), so it doesn't matter.

    That is correct... But if you ever have any questions call them guys or email them. The ATF is pretty cool to deal with.

    I understand on being careful and not understanding rules because they can get crazy. Try keeping up with the 922r and SBR builds. I have done this alot and it's different with each one... Crazy!!!
     

    pcolagunner

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    On the standard AR-15 platform, when the stock is folded, it can't be fired, so I think your good when it comes to OAL requirements. A folding pistol brace will not make it a NFA item.

    If you do decide to make it a folder I hear very good things about the law tactical adapter


    Sent from my iPhone using Tapatalk

    The Law Tactical was the filding adaptor I was looking at. Looks like the Gen 3 is good to go.
     

    JWlineman

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    I'm not a lawyer and have little "common sense" but...from what I have read the law tactical adapter is good on a pistol build (pistol tube installed) or a rifle with a barrel length of or greater than 16". Just my understanding of it though.

    Sent from my SM-N910V using Tapatalk
     

    wildrider666

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    Link is a BATFE PDF file. Page 9, top, Under Note: you will find a reference on how folding stocks are measured for OAL.
    www.atf.gov/file/58196/download


    Rifle: Minimum 26 inches overall with stock (extended if folding or collapsible) including a minimum barrel length of 16 inches excluding any attachments to muzzel that are not permanent (welded/pinned).

    SBR: Less then 26 OAL or barrel less then 16 inches in a configuration similar to a Rifle. Putting a shoulder stock on a handgun also makes a SBR. These require NFA Registration BEFORE being built or possessing all the parts to do so (constructive possession) unless the parts have a current alternative use.

    Shotgun have similare Rules but minimum barrel length is 18 inches and AOL minimum is still 26 inches. Cut them down and it would be a NFA SBS.

    Manufactures have been producing pistol grip only (PGO) shotguns without a shoulder stock. 26 Inch OAL still applies. These are classified as "Firearm" by BATFE.

    The common problem with Firearm Regs is that they tend to state what is illegal so we have to find/use what is not restricted. There is only one common reference where they list measuring a folding stock and that states to measure OAL with the stock fully extended. Other sections say measure from front of muzzle in line to end of furthest rear part of the weapon .

    My Sigs like AKs can be fired while folded: there is no restriction on operating them this way.

    If you remove a folding stock the firearm no longer meets OAL requirements and is considered a NFA weapon subject to NFA Rules.
     
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