Quote:
Originally Posted by Ben M.
is it illegal to own such a gun and stock or is it illegal to put these 2 pieces together?
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I am not a lawyer, and don't play one on TV... but I have been around firearms for more than half a century, and known many Class 3 (NFA) firearms owners, and a few outlaws who possessed such things outside the law... until they got caught, or died.
My advice and experience says this...
"is it illegal to own such a gun and stock...?" --- a positive
MAYBE.
"is it illegal to put these 2 pieces together?" ---
YES...without question, if they have not been registered under the NFA, and the tax stamp has been paid...
(You can't do this registration and tax AFTER you get caught... putting the two pieces together is considered the creation/making of a short barreled rifle. Just the same as sawing off a shotgun barrel to less than 18 inches... or assembling a sawed off barrel onto a shotgun that has interchangeable barrels.)
In the USA, Possession of the pistol alone? No different than any other pistol (under the National Firearms Act of 1934)
Possession of the stock alone?... not an issue... it would be no different than owning a fencepost or a baseball bat.
Possession of both pieces, but not assembled? ...open to intepretation by the law enforcers/prosecutors/courts... and not worth the risk.
Why else would you own the two pieces if not to assemble them?
This will be very controversial, and I wouldn't want to be the test of the concept in court.
Since the stock is not legal when attached to ANY Luger, and you would possess this stock, with a Luger, it would/could be interpreted by law enforcement as "constructive intent" to build/assemble a short barreled rifle (SBR) as defined by the National Firearms Act of 1934.
In the same manner that if you possessed all the pieces of a firearm, in a location where firearms are prohibited, would you be found guilty of possessing a firearm in a prohibited area? Very likely. Try carrying all the pieces to a pistol in your carry-on luggage as a test and see if you are not fitted for metal bracelets that are chained together at the other end of airport security...
I would say the chances of being found guilty in either case were greater than being found innocent.
Want to own such a combination? Register the pistol and pay the $200 tax to the BATFE... once you have the tax paid form in your hand, you can own and assemble to your heart's content.
Outside of the USA? (Canada?) its a whole new ballgame... I won't speculate.
...Just my $0.02 --- don't say you weren't warned of the risks involved...