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September 18th, 2021, 01:57 PM #1
Clarification on the 26" OAL requirement?
I know this has likely been asked a thousand times so I apologize in advance. Just too much conflicting info out there IMO. I have read so much conflicting info that my head is spinning now.
I am trying to do a build with a 10.5" barrel PSA upper. It will not be 26" or more OAL, obviously.
In order to legally have an adjustable buttstock, without the tax stamp, would I need to measure it with the stock extended or completely collapsed? If collapsed, then it clearly won't make the cut so I'd need to put a brace on it. If so, fine.
But are there any adjustable buttstocks, using your standard mil-spec buffer tube, on the market that would get me to the 26" OAL LEGALLY WITHOUT NEEDING THE TAX STAMP? If so, which? I would like to put a Magpul AFG on this thing.
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September 18th, 2021, 02:40 PM #2
Re: Clarification on the 26" OAL requirement?
The barrel has to be 16"+ to have a stock. Unless you have a tax stamp
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September 18th, 2021, 02:50 PM #3
Re: Clarification on the 26" OAL requirement?
The only thing that comes to mind in regards to that "26 or longer" thing is that you can add a vertical fore grip on a pistol if it's 26 or longer. (I think)
I have never heard anyone discuss "stocks" when talking about overall length.I called to check my ZIP CODE!....DY-NO-MITE!!!
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September 18th, 2021, 03:47 PM #4
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September 18th, 2021, 03:55 PM #5
Re: Clarification on the 26" OAL requirement?
Several things here:
Overall length of a firearm is measured with the adjustable (collapsible) stock fully open.
A 10.5" barrel upper receiver on a lower receiver with an adjustable (collapsible) stock (or fixed stock) is considered a Short Barreled Rifle and requires a tax stamp.
A 10.5" barrel upper receiver on a lower receiver with an adjustable (collapsible) pistol brace is considered a pistol and no tax stamp is needed.
A 16" barrel upper receiver on a lower receiver with an collapsible or fixed stock is a rifle as long as the overall length of the rifle from muzzle to end of stock (collapsible fully extended) is at least 26" and no tax stamp is needed.
A 16" barreled AR is right close to 22 1/2" overall length from muzzle to rear of upper receiver (don't measure the muzzle device unless it is permanently (pinned/welded) mounted.Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member
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September 18th, 2021, 06:30 PM #6Super Member
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Re: Clarification on the 26" OAL requirement?
I am not a lawyer.
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September 19th, 2021, 10:39 AM #7
Re: Clarification on the 26" OAL requirement?
Glad I asked then. So much confusing stuff out there.
As long as it's 26" OAL, but not 16" barrel, I can add the Magpul AFG right? (With a brace on it since barrel is under 16")
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September 19th, 2021, 11:45 AM #8
Re: Clarification on the 26" OAL requirement?
I called to check my ZIP CODE!....DY-NO-MITE!!!
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September 19th, 2021, 11:47 AM #9
Re: Clarification on the 26" OAL requirement?
If you're building a pistol, don't get hung up on the 26" OAL. OAL for a pistol, even an AR style pistol does not come into play.
As long as the fore grip is not a vertical handgrip, you are ok. Putting a vertical foregrip on a pistol makes it an NFA weapon (AOW - Any Other Weapon) because the addition of a second vertical grip to a pistol (or revolver) makes the fiream not meet the definition of a pistol (or revolver) and makes you responsible for a tax stamp.Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member
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September 19th, 2021, 11:52 AM #10
Re: Clarification on the 26" OAL requirement?
These rules sound like they were transcribed from a Joe Biden speech.
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