Is This Legal?

schutzen-jager · 06-14-2021, 08:14 AM

you can but it would be illegal -
from ATF q+a

[ Only original Artillery and Navy Lugers are legal with a stock, and it MUST be the correct type of stock that came from the factory for the Arty, and the Navy (they are different stocks). No stock is legal on a short bbl. Luger unless you registered it as a SBR. or it is on the C+R list ]

Dubar · 06-14-2021, 04:06 PM

Quote:

Originally Posted by schutzen-jager

No stock is legal on a short bbl. Luger unless you registered it as a SBR. ]

So then, is the real answer yes, it is legal (IF you buy/get approved for the SBR stamp)???

schutzen-jager · 06-14-2021, 05:39 PM

absolutely no - you have to get it approved + pay the fees before you buy it - buying it first is a federal felony - possession of both short barrel pistol + stock even not attached is a violation as discussed in other threads here -

see post # 14 from 11/14/30 20 about legalities of stocks which is a very accurate statement

he ATF bulletin discussion of not having possession of both the stock and handgun (attached or not) is based upon the legal issue called "constructive possession". For example if you posses a non NFA registered short barrel rifle and remove the barrel, you are still in violation of the law based upon constructive possession. You may have the rifle or the short barrel individually, but not both. If you intend to make a short barrel rifle by replacing the barrel with a short one, you must wait for the NFA paperwork to be approved before you obtain the short barrel. As for the gasoline and box of matches that would not be constructive possession, as together they do not create a controlled item. So constructive possession does apply to numerous combinations of handguns and stocks, unless they are specifically exempted. Hope this helps.

06-14-2021, 08:14 AM	#1
schutzen-jager User Join Date: Aug 2020 Location: peoples republic of New Jersey Posts: 187 Thanks: 208 Thanked 187 Times in 86 Posts	you can but it would be illegal - from ATF q+a [ Only original Artillery and Navy Lugers are legal with a stock, and it MUST be the correct type of stock that came from the factory for the Arty, and the Navy (they are different stocks). No stock is legal on a short bbl. Luger unless you registered it as a SBR. or it is on the C+R list ] Last edited by schutzen-jager; 06-14-2021 at 05:42 PM. Reason: addendum

06-14-2021, 05:39 PM	#3
schutzen-jager User Join Date: Aug 2020 Location: peoples republic of New Jersey Posts: 187 Thanks: 208 Thanked 187 Times in 86 Posts	absolutely no - you have to get it approved + pay the fees before you buy it - buying it first is a federal felony - possession of both short barrel pistol + stock even not attached is a violation as discussed in other threads here - see post # 14 from 11/14/30 20 about legalities of stocks which is a very accurate statement he ATF bulletin discussion of not having possession of both the stock and handgun (attached or not) is based upon the legal issue called "constructive possession". For example if you posses a non NFA registered short barrel rifle and remove the barrel, you are still in violation of the law based upon constructive possession. You may have the rifle or the short barrel individually, but not both. If you intend to make a short barrel rifle by replacing the barrel with a short one, you must wait for the NFA paperwork to be approved before you obtain the short barrel. As for the gasoline and box of matches that would not be constructive possession, as together they do not create a controlled item. So constructive possession does apply to numerous combinations of handguns and stocks, unless they are specifically exempted. Hope this helps. Last edited by schutzen-jager; 06-14-2021 at 05:58 PM. Reason: addendum