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Old February 21, 2010, 02:21 PM   #1
Junior Member
Join Date: February 21, 2010
Posts: 3
GSG-5P with stock NOT SBR???

I've got a question regarding SBR laws. I currently have a GSG-5 rifle with the fake suppressor and 16 inch barrel. I recently bought a GSG-5P Pistol with the 9" barrel and no stock. During my purchase, the gun store owner suggested that I buy the retractable stock and convert my pistol to a short-barreled rifle using the $200 tax fee. I currently have two stocks for my GSG-5 Rifle and considered using one of them for the pistol after getting the tax stamp. I also began reviewing laws including the national firearms act regarding the short-barreled rifle.

The Gun Control Act of 1968 title 18, United States Code, Chapter 44 states that a short-barreled rifle is a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches.

If I were to add my second stock to my GSG-5P, the total length of the pistol would be 28 inches, two inches greater than the law states. Would this make my GSG-5P exempt from the tax stamp since the overall length exceeds the length requirements of short-barreled rifle? At this point, would it be considered just a plain old rifle? I visited the ATF website and viewed their FAQs.

Q: If a person has a pistol and an attachable shoulder stock, does this constitute possession of an NFA firearm?

Yes, unless the barrel of the pistol is at least 16 inches in length (and the overall length of the firearm with stock attached is at least 26 inches). However, certain stocked handguns, such as original semiautomatic Mauser “Broomhandles” and Lugers, have been removed from the purview of the NFA as collectors’ items.

[26 U.S.C. 5845, 27 CFR 479.11]

This Q&A seems to conflict with the law. They state that it must be over 26 inches AND have a 16 inch barrel to legally be a rifle. The Gun Control Act states that a SBR must have a 16 in barrel IF the weapon is under 26 inches in overall length. Someone correct me if I'm wrong here but I sure would like to know. If there is anyone out there with perfect clarity on this subject, please let me know.
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