Luger stock on a Form 1?

GreyHammer · 09-13-2014, 03:36 PM

I have two luger stocks, one crown/d w/serial nbr and another reproduction stock with original attachment iron.
Well, I have considered submitting a form 1 request for one of these stocks to SBR it. It is not at all clear that you can only register the handgun. For example, in 1968 I registered a "M2 Carbine conversion kit", and I can move those parts to any M1 carbine to legally making it fully automatic. Also, the HK world has the registered sears and ARs have registered DIAS. So why not pay the tax stamp for the part that makes the piece a SBR?
This would permit me to attach my stock to any P08. Any thoughts. BTW, form 1 processing time is now 9 months.

Bill_in_VA · 09-13-2014, 06:41 PM

You can't register a stock as an SBR any more than you can register a barreled upper as an SBR; you'll have to register the complete gun itself.

Ron Wood · 09-13-2014, 08:02 PM

It isn't the stock by itself that makes a SBR, it is also the length of the barrel on the gun. Therefore, registering the stock by itself accomplishes nothing.

Bill_in_VA · 09-13-2014, 11:07 PM

Remember too, that unlike a machine gun wherein the receiver itself is both a firearm in and of itself and the machine gun, an SBR is only an SBR because it meets a specific set of criteria. If it doesn't meet the criteria it isn't an SBR. Moreover, since a stock isn't even a firearm it can't be registered as such.

In other words, an SBR needs to be a firearm, and a rifle, and fit a specific definition.

18USC CH44 921(a)(3)(A) and (B) define a firearm and 18USC CH44 921(a)(7) further defines a rifle as a firearm that is "... designed or redesigned, made or remade, and intended to be fired from the shoulder ..."

An SBR, is defined in 26USC CH53 5845(a)(4) as a rifle with "... an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length ..." and again in 18USC CH44 921(a)(8) in virtually the same terms: "... 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. "

QED, putting a stock on a P.08 makes it into a rifle by virtue that it is now designed and intended to be fired from the shoulder. With a barrel length of less than 16 inches and an OAL of less than 26 inches it is be definition an SBR.

HTH

09-13-2014, 03:36 PM	#1
GreyHammer User Join Date: Mar 2014 Location: Concord, NC Posts: 34 Thanks: 66 Thanked 25 Times in 14 Posts	Luger stock on a Form 1? I have two luger stocks, one crown/d w/serial nbr and another reproduction stock with original attachment iron. Well, I have considered submitting a form 1 request for one of these stocks to SBR it. It is not at all clear that you can only register the handgun. For example, in 1968 I registered a "M2 Carbine conversion kit", and I can move those parts to any M1 carbine to legally making it fully automatic. Also, the HK world has the registered sears and ARs have registered DIAS. So why not pay the tax stamp for the part that makes the piece a SBR? This would permit me to attach my stock to any P08. Any thoughts. BTW, form 1 processing time is now 9 months.

09-13-2014, 08:02 PM	#3
Ron Wood Moderator 2010 LugerForum Patron Join Date: Jun 2002 Location: Santa Teresa New Mexico just outside of the West Texas town of El Paso Posts: 6,988 Thanks: 1,067 Thanked 5,099 Times in 1,676 Posts	It isn't the stock by itself that makes a SBR, it is also the length of the barrel on the gun. Therefore, registering the stock by itself accomplishes nothing. __________________ If it's made after 1918...it's a reproduction

09-13-2014, 06:41 PM	#2
Bill_in_VA User Join Date: Nov 2013 Location: Southwest Virginia Posts: 349 Thanks: 735 Thanked 473 Times in 180 Posts	You can't register a stock as an SBR any more than you can register a barreled upper as an SBR; you'll have to register the complete gun itself.

09-13-2014, 11:07 PM	#4
Bill_in_VA User Join Date: Nov 2013 Location: Southwest Virginia Posts: 349 Thanks: 735 Thanked 473 Times in 180 Posts	Remember too, that unlike a machine gun wherein the receiver itself is both a firearm in and of itself and the machine gun, an SBR is only an SBR because it meets a specific set of criteria. If it doesn't meet the criteria it isn't an SBR. Moreover, since a stock isn't even a firearm it can't be registered as such. In other words, an SBR needs to be a firearm, and a rifle, and fit a specific definition. 18USC CH44 921(a)(3)(A) and (B) define a firearm and 18USC CH44 921(a)(7) further defines a rifle as a firearm that is "... designed or redesigned, made or remade, and intended to be fired from the shoulder ..." An SBR, is defined in 26USC CH53 5845(a)(4) as a rifle with "... an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length ..." and again in 18USC CH44 921(a)(8) in virtually the same terms: "... 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. " QED, putting a stock on a P.08 makes it into a rifle by virtue that it is now designed and intended to be fired from the shoulder. With a barrel length of less than 16 inches and an OAL of less than 26 inches it is be definition an SBR. HTH