Legal length of assault rifle in PA?

[bignateyk]

I have a WASR-2 AK74, and I decided to remove the stock from it. Without the stock it comes to an overall length of 26.5"

Is this length legal? Is it legal to remove the stock?

Gun in question: http://pics.bbzzdd.com/users/bignateyk/guns.JPG

[Xringshooter]

If the barrel length is greater than 16 inches you will be ok (rifles must be greater than 26 inches long with barrels longer than 16 inches). As long as it meets these dimensions you can take the stock off (don't know why you would want to, but to each his own).

Please though, it is not an assault rifle (unless it is full auto, or will fire bursts). It is a sporting firearm with physical characteristics of a military rifle.

[shermdo]

I agree with everything that xringshooter already said but would like to add that these are federal regs not state based. Xring did not state either way but I believe that your original question said PA.

[pex]

There are other questions to be answered that might be pertinent, like,
"Is my rifle still a rifle if it becomes designed or redesigned to no longer be fired from the shoulder?" if for no other reason than clarification.

Ex:
The '68 GCA [18USC921(a)(7)] says:

(7) The term "rifle" means a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder and designed or redesigned and made or remade to use the energy of the explosive in a fixed metallic cartridge to fire only a single projectile through a rifled bore for each single pull of the trigger.

A person might be worried about the AOW definition in the '34 NFA [26USC5845(e)] which says:

(e) Any other weapon. -- The term "any other weapon" means any weapon or device capable of being concealed on the person from which a shot can be discharged through the energy of an explosive, a pistol or revolver having a barrel with a smooth bore designed or redesigned to fire a fixed shotgun shell, weapons with combination shotgun and rifle barrels 12 inches or more, less than 18 inches in length, from which only a single discharge can be made from either barrel without manual reloading, and shall include any such weapon which may be readily restored to fire. Such term shall not include a pistol or a revolver having a rifled bore, or rifled bores, or weapons designed, made, or intended to be fired from the shoulder and not capable of firing fixed ammunition.

These are again, of course, federal issues -- but we do know PA will cooperate with the federal authorities on firearms matters!

[bignateyk]

Thanks guys.

I was under the impression that an assault rifle was any semi-auto weapon capable of accepting a detachable magazine containing two or more of the following:

Pistol Grip
Folding Stock
Bayonet Mount
Flash Suppressor
Grenade Launcher

[LittleRedToyota]

Originally Posted by bignateyk

Thanks guys.

I was under the impression that an assault rifle was any semi-auto weapon capable of accepting a detachable magazine containing two or more of the following:

Pistol Grip
Folding Stock
Bayonet Mount
Flash Suppressor
Grenade Launcher

that...or something close to that...was the definition of "assault weapon" under the clinton AWB, but that expired in 2004.

[rwilson452]

Before all this assault rifle/ assault weapon stuff got started the U S Army defined an assault rifle as a firearm of intermediate caliber that has a select fire ( full auto or burst) capability. the expression assault weapon was a deliberate attempt to confuse the issue, and it worked. before any laws were passed the expression assault weapon did not have a technical definition. the definition is still different from state to state of those states the restrict or ban whatever it is they restrict or ban. So the expression your looking for is assault weapon. this expression isn't found in PA law.

Originally Posted by bignateyk

Thanks guys.

I was under the impression that an assault rifle was any semi-auto weapon capable of accepting a detachable magazine containing two or more of the following:

Pistol Grip
Folding Stock
Bayonet Mount
Flash Suppressor
Grenade Launcher

[DPB]

RWilson is correct in that the military definition of an "assault rifle" is an intermediate caliber, select fire, generally light weight individual weapon.

The important thing about this is that the term is used in a military context. Any use of the term "assault _______" in a legal context is an attempt to confuse the issue with a term meant to elicit negative emotions. The list with the flash hider, pistol grip, etc., was a legal contrivance intended to outlaw some firearms based on their looks. Such is the strategy of the gun grabbers, in that they will try to take things a piece at a time, and there need be no logic at all in any given step.

In the military context, the term "assault rifle" is used to differentiate such a weapon from a "battle rifle," "automatic rifle," "light machine gun," or "submachine gun." An assault rifle shares some characteristics with all of these other categories, but is distinct enough to be a separate category.

One other issue regarding the stock removal question. I don't see how stock removal affects the weapons status as a Title 1 Rifle, and here's why: it is perfectly legal to sell shotguns equipped with only a pistol grip (Mossberg 500 "Persuader"). These guns have 26" OALs and 18" BBLs, and are still Title 1 guns, not NFA regulated AOWs.

As a total aside, it is extraordinarily difficult to accurately fire a rifle with no stock. Don't ask.

[BenningBoy]

The whole system confuses me. AK pistol, no problem. AK rifle cut too short somewhere, big problem. Mac 10 no stock, inaccurate pistol. Cheap welded stock secured with a wing nut, inaccurate SBR with a tax stamp. Silliness.

[DPB]

Reference "National Firearms Act of 1934," which was upheld by SCOTUS when someone conviced them that short barrelled rifles and shotguns were not legitimate military weapons, and therefore had no place in the hands of the militia (citizenry). Also, the beginning of the $200 tax stamp, which was a fortune in 1934, during the depression.