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Still length-legal only when compensator is installed?

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  • Adam925
    Junior Member
    • Nov 2020
    • 79

    Still length-legal only when compensator is installed?

  • #2
    Sir Toast
    Veteran Member
    • Dec 2012
    • 3140

    Tagged.

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    • #3
      hermosabeach
      I need a LIFE!!
      • Feb 2009
      • 19721

      Would LEO possibly have the same question!

      Beat the wrap, but not a ride
      Rule 1- ALL GUNS ARE ALWAYS LOADED

      Rule 2 -NEVER LET THE MUZZLE COVER ANYTHING YOU ARE NOT PREPARED TO DESTROY (including your hands and legs)

      Rule 3 -KEEP YOUR FINGER OFF THE TRIGGER UNTIL YOUR SIGHTS ARE ON THE TARGET

      Rule 4 -BE SURE OF YOUR TARGET AND WHAT IS BEYOND IT
      (thanks to Jeff Cooper)

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      • #4
        mike_in_ca
        Member
        • Mar 2013
        • 405

        To be considered part of the length of the barrel or length of the firearm it must be permanently attached. But as eluded to above.... you may beat the case but not the ride.

        Comment

        • #5
          Adam925
          Junior Member
          • Nov 2020
          • 79

          Originally posted by mike_in_ca
          To be considered part of the length of the barrel or length of the firearm it must be permanently attached. But as eluded to above.... you may beat the case but not the ride.

          Comment

          • #6
            morthrane
            Senior Member
            • Feb 2006
            • 954

            IANAL as always:

            Federal law measures rifle in the longest fireable configuration, not shortest like CA state. (It gets weird with "Other" and "Pistols" with braces, I still haven't wrapped my head around Fed guidelines on that last one!) So even if they measure without any detachable muzzle devices, should be GTG.

            To the best of my knowledge, no CA laws involving OAL require a fixed muzzle device, rimfire or centerfire. Example: an underfolder AK is ~26in OAL folded, but CA requires 30in min OAL. A 5 inch barrel extension added to the end of the muzzle meets this requirement, even if detachable.

            Fixing the muzzle device still might be the safest option. This way no corrupt public official(s) can just conveniently remove it and expedite the ride.

            I only LARP as someone who knows anything, if you take this advice you're a bigger dumbass than me.

            Comment

            • #7
              ????? ????
              Senior Member
              • May 2014
              • 991

              Originally posted by morthrane
              To the best of my knowledge, no CA laws involving OAL require a fixed muzzle device, rimfire or centerfire. Example: an underfolder AK is ~26in OAL folded, but CA requires 30in min OAL. A 5 inch barrel extension added to the end of the muzzle meets this requirement, even if detachable.
              California law underPenal Code 30515 says the following is an assault weapon:
              A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.

              California regulations under California Code of Regulations, Title 11, section 5471, subdivision (x) says:
              “Overall length of less than 30 inches” with respect to a centerfire rifle means the rifle has been measured in the shortest possible configuration that the weapon will function/fire and the measurement is less than 30 inches. Folding and telescoping stocks shall be collapsed prior to measurement. The approved method for measuring the length of the rifle is to measure the firearm from the end of the barrel, or permanently attached muzzle device, if so equipped, to that part of the stock that is furthest from the end of the barrel, or permanently attached muzzle device. (Prior to taking a measurement the owner must also check any muzzle devices for how they are attached to the barrel.)

              So the at least 30 inches in overall length is only for semiautomatic centerfire rifles, and it needs to be a permanently attached muzzle device if you want to include it in the overall length of at least 30 inches.

              Rifles, both centerfire and rimfire, have to be at least 26 inches in overall length and a barrel length of at least 16 inches to not be a short-barreled rifle under Californian law. According to People v. Stinson (1970) 8 Cal.App.3d 497, for the 26-inch overall length limitation, it is measured I n a single straight line, either from the tip of the barrel to the back of the stock or from the tip of the barrel to a point just above the back of the stock.

              Comment

              • #8
                Adam925
                Junior Member
                • Nov 2020
                • 79

                Starting to read like there is a fair amount to unpack here. Always wary of situations where it comes down to “what it isn’t”.

                In this scenario, the barrel is 16”, but an overall length of 26” is not achieved without the compensator threaded on. As a folder (under-folder), it is very much fireable in its folded condition. In it’s unfolded configuration, it is of course over 30” but which is moot as this is a rimfire.

                Still feel as though it’s on the margins (at best) unless and until the compensator is welded on. Beatable or not, I don’t favor the idea of arguing anything in court that could have been avoided.

                Comment

                • #9
                  morthrane
                  Senior Member
                  • Feb 2006
                  • 954

                  Originally posted by ΜΟΛΩΝ ΛΑΒΕ
                  So the at least 30 inches in overall length is only for semiautomatic centerfire rifles, and it needs to be a permanently attached muzzle device if you want to include it in the overall length of at least 30 inches.
                  Ah, changed around 2016-2017? Guess it was a good policy to measure sans muzzle device myself long before that, but had no idea it has changed that specifically. But I supposed to be fair, it does mirror the federal method more or less.

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