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Stock-less AK legality question

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  • tristangoesham
    Junior Member
    • Jan 2013
    • 5

    Stock-less AK legality question

    I know the overall length has to be 30 inches for a semi auto rifle. I want to take the stock off one of my AK's and put this on there for the lulz http://www.ebay.com/itm/6-Fake-Can-f...item23347c0b1e

    My question is do barrel extensions have to be permanently fixed or can I just screw this thing on and be ok?
  • #2
    MrPlink
    I need a LIFE!!
    • Mar 2010
    • 12532

    For CA OAL purposes it does not need to be permanent.

    For FED OAL or barrel length then it does.
    The California Moderate Centrist Militia member in exile

    disclaimer:
    everything I post is for arguendo and entertainment purposes only, and should not be construed to be legal advice

    Comment

    • #3
      REDdawn6
      Senior Member
      • May 2011
      • 2447

      Would that can bring the length to CA requirement?
      sigpic

      Comment

      • #4
        Varg Vikernes
        Veteran Member
        • Jan 2012
        • 2831

        Sounds like a horrible idea.

        Also maybe stay on /k/

        Comment

        • #5
          tristangoesham
          Junior Member
          • Jan 2013
          • 5

          Thanks, yes the AK without the stock and muzzle device is about 26-28 inches long depending if you measure the stock tang or not. They make a 4inch can but I'd rather stay safe with the 6 inch can. Also /k/ knows nothing about California's laws.

          Comment

          • #6
            Kestryll
            Head Janitor
            • Oct 2005
            • 21580

            Originally posted by Varg Vikernes
            Sounds like a horrible idea.

            Also maybe stay on /k/
            My aren't we clever.

            If you don't have anything constructive to add don't add anything.
            sigpic NRA Benefactor Life Member / CRPA Life Member / SAF Life Member
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            Opinions posted in this account are my own and unless specifically stated as such are not the approved position of Calguns.net, CGSSA or CRPA.

            Comment

            • #7
              stix213
              AKA: Joe Censored
              CGN Contributor - Lifetime
              • Apr 2009
              • 18998

              It is actually debatable that the firearm needs to be 30" OAL at all, since that is a requirement for centerfire semi-auto rifles specifically. A firearm without a shoulder stock is not a rifle since it is not intended or designed to be shouldered.

              But I certainly understand wanting to go 30" if you just want to avoid unnecessary drama.

              Comment

              • #8
                tristangoesham
                Junior Member
                • Jan 2013
                • 5

                Originally posted by stix213
                It is actually debatable that the firearm needs to be 30" OAL at all, since that is a requirement for centerfire semi-auto rifles specifically. A firearm without a shoulder stock is not a rifle since it is not intended or designed to be shouldered.

                But I certainly understand wanting to go 30" if you just want to avoid unnecessary drama.
                Yeah last thing I want is to get my gun taken away, it's over 28inches so it's good on federal level just want to make sure it's CA ok with that fake can.

                Comment

                • #9
                  Just.a.guy
                  Member
                  • Dec 2012
                  • 407

                  Originally posted by stix213
                  It is actually debatable that the firearm needs to be 30" OAL at all, since that is a requirement for centerfire semi-auto rifles specifically. A firearm without a shoulder stock is not a rifle since it is not intended or designed to be shouldered.

                  But I certainly understand wanting to go 30" if you just want to avoid unnecessary drama.
                  Not really true. If you made it from a rifle, it's a rifle. CA says once a rifle, always a rifle. Going by your logic, you could cut the stock off any shotgun, then cut the barrel in half, and you wouldn't have an SBS.

                  OP, stick with 30" or longer. I don't think it has to be permanent, but I wouldn't put it past an arresting officer to have the fake can "fall off" in his trunk. I would CYA and weld it.

                  Comment

                  • #10
                    AK Junkie
                    Banned
                    • Jan 2014
                    • 262

                    i'm out of the loop, what's /k/?

                    Comment

                    • #11
                      Germz
                      Vendor/Retailer
                      • Apr 2013
                      • 4691

                      Originally posted by AK Junkie
                      i'm out of the loop, what's /k/?
                      i think its a reference to like reddit or 4chan or something dumb.
                      Retired Account

                      Comment

                      • #12
                        tristangoesham
                        Junior Member
                        • Jan 2013
                        • 5

                        Originally posted by Just.a.guy
                        Not really true. If you made it from a rifle, it's a rifle. CA says once a rifle, always a rifle. Going by your logic, you could cut the stock off any shotgun, then cut the barrel in half, and you wouldn't have an SBS.

                        OP, stick with 30" or longer. I don't think it has to be permanent, but I wouldn't put it past an arresting officer to have the fake can "fall off" in his trunk. I would CYA and weld it.
                        I don't want to ruin the gun, but I'll probably at least blue locktite it so it won't come off without some force. Also thinking I might put a folder on it just to make it somewhat more legal length wise.

                        Comment

                        • #13
                          Junkie
                          Veteran Member
                          • Aug 2007
                          • 4848

                          Originally posted by MrPlink
                          For CA OAL purposes it does not need to be permanent.

                          For FED OAL or barrel length then it does.
                          I know that federally it only counts toward barrel length if permanently attached, but is that true for OAL? A stock doesn't need to be permanent in order to contribute to OAL so I wouldn't expect a muzzle device would have to be (as long as barrel length >=16").
                          Originally posted by CSACANNONEER
                          A real live woman is more expensive than a fleshlight. Which would you rather have?

                          Comment

                          • #14
                            MrPlink
                            I need a LIFE!!
                            • Mar 2010
                            • 12532

                            Originally posted by Junkie
                            I know that federally it only counts toward barrel length if permanently attached, but is that true for OAL? A stock doesn't need to be permanent in order to contribute to OAL so I wouldn't expect a muzzle device would have to be (as long as barrel length >=16").
                            Yes that's how it works on the fed level, as per the atf it is so it is consistent with barrel length laws. Tech letter can be found on barfcom and iirc Franklin had a letter to this effect regarding the xo26
                            The California Moderate Centrist Militia member in exile

                            disclaimer:
                            everything I post is for arguendo and entertainment purposes only, and should not be construed to be legal advice

                            Comment

                            • #15
                              morthrane
                              Senior Member
                              • Feb 2006
                              • 954

                              Do a search for the XO26 related letter-- the important difference is the (alleged) ATF insistance that non-perm muzzle devices do not count for OAL when determining AOW status. If this were the case, then the stockless AK would have to have a minimum OAL of 26" without muzzle device in order to avoid AOW classification.

                              The OP sounds like wandering into a minefield on purpose by changing rifles into non-rifles. At a minimum, I would assume it best to start with a receiver that is explicitly not a rifle.

                              Comment

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