Ron, you are correct. BATF used to say that if you had a stock and the "wrong" pistol you were in violation even if you also had the "right" one. But they got slapped down in court on presumption of innocence in a couple of cases so they now sing a different tune.
The Mauser C96 situation is pretty clear, but the Luger is still muddled. I suspect that if they were asked to remove all Lugers, or at least all original artillery Lugers, with original German-made stocks, from the NFA, they just might do so. I don't think they would open up to repro stocks and the like, though, as that would about negate the law, something they can't and won't do.
Some folks think BATF changes the status to C&R or removal from the NFA on its own. Not true. Someone (usually with a gun for sale) writes and asks that such and such a gun be assigned to a different category, and provides letters and documentation that that item is of museum interest, is rare and valuable, unlikely to be used as a weapon, etc. Then BATF MAY reclassify it. But Congressional intent was clearly that stocked pistols were to be brought under the law, so BATF does not have a lot of leeway to just exempt all stocked pistols or something like that.
FWIW, if anyone owns a Luger or any other stocked pistol that is registered and has now been removed from the purview of the NFA, I suggest writing to the NFA and ask that that individual gun be removed from the National Firearms Registration and Transfer Registry (NFRTR). Assuming they do so (and they will if you are correct about the changed status) their response will be all the proof you need that NFA rules no longer apply to your pistol and that it can be transferred as a pistol rather than as a short barrel rifle.
Jim
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