OAL with folding stock -folded or unfolded in TX?

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sig-sog
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OAL with folding stock -folded or unfolded in TX?

Postby sig-sog » Sun Jul 23, 2017 12:45 am

As I understand federal law, the 26" minimum OAL requirement is measured with the stock fully extended or unfolded. What is the law in TX? I didn't see any reference in the TX penal code about whether the OAL is with an extended buttstock or not. Can anyone clarify Texas law for me?
Thanks!

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Beiruty
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Re: OAL with folding stock -folded or unfolded in TX?

Postby Beiruty » Sun Jul 23, 2017 12:46 am

No restrictions for long guns in Texas.
Beiruty,
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NotRPB
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Re: OAL with folding stock -folded or unfolded in TX?

Postby NotRPB » Sun Jul 23, 2017 7:08 am

http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.46.htm
I assume it means unfolded, a Keltec sub2k is a bit over 16" folded, but there is no way it could fire a cartridge folded, SO
I do not see a definition of "overall length" referring to either (being folded or unfolded) All I see is if you "alter" a firearm such as by sawing off stock and barrel

I think the Key words for "OAL Overall Length are below
folding isn't an "alteration" it was an original design unless you change a fixed stock to a folding one, Then I don't know
or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches




(10) "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches.


Evin if you "make" one
made from a
"as altered" fitting that definition it wouldn't be prohibited under the exception
unless the item is registered in the National Firearms Registration

Sec. 46.05. PROHIBITED WEAPONS.
(a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

(1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or classified as a curio or relic by the United States Department of Justice:

(A) an explosive weapon;
(B) a machine gun;

(C) a short-barrel firearm; or

(D) a firearm silencer;
(2) knuckles;
(3) armor-piercing ammunition;
(4) a chemical dispensing device;
(5) a zip gun; or
(6) a tire deflation device.


That's my pre-coffee layman's opinion, I ain't a lawyer


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sig-sog
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Re: OAL with folding stock -folded or unfolded in TX?

Postby sig-sog » Sun Jul 23, 2017 8:56 am

NotRPB, thanks. That's a good analysis. I think the "not-altered" piece is the key. I'll add, from other things I've read the stock must not be readily removeable, which I think should be obvious. Unfortunately for some, in California and Michigan the law does specify OAL is with the stock folded making such rifle an NFA item.

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ScottDLS
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Re: OAL with folding stock -folded or unfolded in TX?

Postby ScottDLS » Sun Jul 23, 2017 11:34 am

sig-sog wrote:NotRPB, thanks. That's a good analysis. I think the "not-altered" piece is the key. I'll add, from other things I've read the stock must not be readily removeable, which I think should be obvious. Unfortunately for some, in California and Michigan the law does specify OAL is with the stock folded making such rifle an NFA item.


The National Firearms Act is federal legislation (from 1934 no less!), so MI and CA definitions don't "make a firearm NFA", though they prohibit them in Michigan and California respectively.
4/13/1996 Completed CHL Class, 4/16/1996 Fingerprints, Affidavits, and Application Mailed, 10/4/1996 Received CHL, renewed 1998, 2002, 2006, 2011, 2016...). "ATF... Uhhh...heh...heh....Alcohol, tobacco, and GUNS!! Cool!!!!"


FCMatt
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Re: OAL with folding stock -folded or unfolded in TX?

Postby FCMatt » Sun Jul 23, 2017 9:00 pm

Also remember that the law going into effect September 1st that any firearm or silencer the atf says doesn't need a stamp will be legal.


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