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Overall length for "barreled action"

Henry0ReillyHenry0Reilly Member Posts: 10,892 ✭✭✭
edited April 2011 in Ask the Experts
This is a Winchester 1902, which the book says is an 18" barrel. It is advertised in the auction as a barreled action but it does have part of the stock still attached.

Just wondering if this is legal to own before I bid on it.

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I used to recruit for the NRA until they sold us down the river (again!) in Heller v. DC. See my auctions (if any) under username henryreilly
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Comments

  • mark christianmark christian Member Posts: 24,443 ✭✭✭✭
    edited November -1
    It needs to be 26 inches OAL to be legal. Also remember that as it sits right now, even if it proves to be of legal length, it is no longer a Curio and Relic
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  • NwcidNwcid Member Posts: 10,674 ✭
    edited November -1
    Assuming the barrel is 16" or more if it is under 26" OAL with the stock on it then as Mark said it would be illegal.

    Now if you removed the stock then it should be just a barreled action and would be legal, right Mark?
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  • Henry0ReillyHenry0Reilly Member Posts: 10,892 ✭✭✭
    edited November -1
    Thanks, Mark. It sure doesn't look legal length to me and he states in the auction that it will fire. I think I'm gonna pass on it.

    http://www.gunbroker.com/Auction/ViewItem.aspx?Item=223735520
    I used to recruit for the NRA until they sold us down the river (again!) in Heller v. DC. See my auctions (if any) under username henryreilly
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  • beantownshootahbeantownshootah Member Posts: 12,776 ✭✭✭
    edited November -1
    It needs to be 26 inches OAL to be legal. Also remember that as it sits right now, even if it proves to be of legal length, it is no longer a Curio and Relic

    To be clear, isn't the 26" overall length requirement for assembled guns?

    If just an ACTION had to be that long then it would be a violation of federal law to take a typical rifle action out of its stock, or to buy or sell (let alone possess) most unstocked longarm actions.

    Unfortunately this particular gun has had the stock chopped down, and may not be legal in its current configuration, but I think if you took off the residual stock, what would be LEFT might be legal, even if it weren't 26" overall.

    Also, just for reference, overall length requirements can vary per STATE law. For example, I think in CA long-guns have to be over 30" long, and that (say unlike Federal law) folding stocks might not get the benefit of being measured from their unfolded position.

    On C&R, with a cutdown stock this gun isn't really in its "original configuration". But I think if you replaced the stock it certainly could be. IIRC, the BATFE has determined that imitation-type replacement parts are OK to maintain C&R status even if they aren't truly authentic. So even if you replaced the stock with a non-original one, as long as it was externally similar to an original stock, the gun would probably still qualify as a C&R.
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