I bought my first rifle a few weeks ago, a Remington 597. After disassembling it for the first time, it occurred to me that after removing the stock I still had a fully functional, if not ergonomic, firearm.
In that state, it no longer meets the federal definition of a rifle since it can't be fired from the shoulder. And it's only 25.5" long without the stock, so would be illegal if it did fall into the rifle category.
Is it a now handgun? Would it have to be concealed if I had it disassembled in my car? Or would it fit better in the "AOW" category?
Silly question, but I can't help wondering.
Legal classification of stock-less rifle?
-
- Senior Member
- Posts in topic: 1
- Posts: 9316
- Joined: Fri May 22, 2009 7:13 pm
- Location: Arlington
Re: Legal classification of stock-less rifle?
Hey dude, not a silly question at all. This is a place we come to to learn. Gosh I know I've learned a lot since I've been here.
It seems to me that it would be classified as a "Short-barrel firearm", as per PC 46.01(10):
"(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."
That's the definition. It's illegal to possess under PC 46.05(3):
"Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
.
.
.
.
e) An offense under this section is a felony of the third degree unless it is committed under Subsection (a)(5) or (a)(6), in which event, it is a Class A misdemeanor."
It seems to me that it would be classified as a "Short-barrel firearm", as per PC 46.01(10):
"(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."
That's the definition. It's illegal to possess under PC 46.05(3):
"Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
.
.
.
.
e) An offense under this section is a felony of the third degree unless it is committed under Subsection (a)(5) or (a)(6), in which event, it is a Class A misdemeanor."
Diplomacy is the Art of Letting Someone Have Your Way
TSRA
Colt Gov't Model .380
TSRA
Colt Gov't Model .380
-
Topic author - Junior Member
- Posts in topic: 2
- Posts: 32
- Joined: Thu Feb 22, 2007 4:27 pm
- Location: McKinney
Re: Legal classification of stock-less rifle?
I think that nails it. I only looked at the federal laws when I was reading. I guess Texas has it explicitly covered, but the Feds don't.
Those to-the-inch laws are crazy to begin with, but the unintended consequences are laughable. To think that I commit a felony in the process of cleaning a rifle....
Those to-the-inch laws are crazy to begin with, but the unintended consequences are laughable. To think that I commit a felony in the process of cleaning a rifle....
-
- Senior Member
- Posts in topic: 1
- Posts: 1394
- Joined: Mon Aug 08, 2005 2:03 pm
- Location: Central TX, just west of Austin
Re: Legal classification of stock-less rifle?
And not only that, you admitted to it in an open forum . . .dude wrote: To think that I commit a felony in the process of cleaning a rifle....

Guess who's going to be knocking (if you're lucky) on your door at o'dark thirty . . .

Original CHL: 2000: 56 day turnaround
1st renewal, 2004: 34 days
2nd renewal, 2008: 81 days
3rd renewal, 2013: 12 days
1st renewal, 2004: 34 days
2nd renewal, 2008: 81 days
3rd renewal, 2013: 12 days
Re: Legal classification of stock-less rifle?
Sure they do. USC TITLE 18, PART I, CHAPTER 44, § 921. Definitionsdude wrote:I think that nails it. I only looked at the federal laws when I was reading. I guess Texas has it explicitly covered, but the Feds don't.
(8) The term “short-barreled rifle” means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches.
"Ees gun! Ees not safe!"
-
- Senior Member
- Posts in topic: 1
- Posts: 3532
- Joined: Fri Dec 02, 2005 3:06 am
- Location: SE Texas
Re: Legal classification of stock-less rifle?
My SU-16C Keltec, with the stock folded, measures 25.5"
It is designed to also be fired in the folded position.
I queried Keltec and was told that ATF had approved it as designed. I never heard any justification for the exception.
I added a Yankee Hills flash hider just to be on the safe side.
It is designed to also be fired in the folded position.
I queried Keltec and was told that ATF had approved it as designed. I never heard any justification for the exception.
I added a Yankee Hills flash hider just to be on the safe side.
Mike
AF5MS
TSRA Life Member
NRA Benefactor Member
AF5MS
TSRA Life Member
NRA Benefactor Member
-
- Senior Member
- Posts in topic: 1
- Posts: 629
- Joined: Thu Feb 07, 2008 1:22 pm
- Location: The Woodlands, TX
Re: Legal classification of stock-less rifle?
Now that you mention it mike, I wonder what the overall length of my brothers Sig 556 is when it's folded up? It came from Sig with the folding stock and can be shot with it folded in. I'll have to ask him to measure it... 

-
- Senior Member
- Posts in topic: 1
- Posts: 2984
- Joined: Sat Mar 31, 2007 9:39 pm
- Location: Western Texas
Re: Legal classification of stock-less rifle?
Rifles with folding, and collapsible stocks are measured with the stock in the position that gives the rifle its greatest overall length. Just like Barrels are measured from the bolt face to the end of the barrel and/or permanently installed muzzle device.
How do you explain a dog named Sauer without first telling the story of a Puppy named Sig?
R.I.P. Sig, 08/21/2019 - 11/18/2019
R.I.P. Sig, 08/21/2019 - 11/18/2019