26" Rule question

[MattCFII]

Would a 16"+ barrel rifle but had the stock pulled off temporarily and the gun was under 26" during that time, would it be illegal? What if you had all the parts right there (making a "constructive intent" the other way, which I bet it doesn't work that way of course)?

If a rifle was in this condition, you could basically never switch out stocks unless in theory you added some length another way before taking off the stock.

 

[VUPDblue]

The state of limbo during gunsmithing won't put your rifle into illegal status.

 

[MattCFII]

Even if the gunsmithing is non-FFL home WECSOG? Then what if the owner needed help and a gave to his fellow WECSOG grad to finish? What if you break your own parts had have to wait for parts to come in and it sits without the stock? Seems like there is still a lot of openings for an illegal transfer or unregistered if you don't DIY or take it to a real gunsmith. (Of course an answer could be just to SBR it if possible to avoid the pitfalls )

 

[indykid]

As nasty as ATF is, and as amazing as they are to know that you have the stock off your rifle, there is no doubt in my mind that if you took a broken stock off your rifle while waiting for the new one to come in, they are not going to be breaking down your doors any time soon. Same as if you are just changing a stock for a different style.

It's considered normal gunsmithing with the exception that if it is your rifle, you don't have to be a gunsmith to work on it. Even if you take it to a licensed gunsmith for repair, they are not going to bother you unless you decided to weld up the rear of the receiver so that it can no longer take a butt stock....

 

[MattCFII]

Thanks guys, I just wanted to understand since you hear things like constructive intent and people like Albert Kwan get unjustly charged and have to defend himself in court (and then T.I. getting off light) it makes me want to know the

I guess it comes down to my anal retentiveness to get stuff right when it involves FPMITAP (heyhey two butt references!) and that my favorite line from Atlas Shrugged is "The only power any government has is the power to crack down on criminals.* Well, when there aren’t enough criminals, one makes them.* One declares so many things to be a crime that it becomes impossible for men to live without breaking laws."

 

[indykid]

It is sad when ATF sets size limits on firearms, as well as other stupidity, since there are no size restrictions, or number of US part required in the right of the people to keep and bear arms. All it says very simply is that they shall not be infringed. Yet they are.

 

[96firephoenix]

So long as you don't put a short stock (pistol grip) that lowers the length to under the minimum OR fire it without the stock, you have a rifle that is under repair and not a problem.