jmmitc06
Member
So after scouring the internet trying to find out if a reproduction stock is legal for a C96 and finding a range of answers from totally legal to completely illegal, I sent the ATF an email and was surprised when I got a response from them yesterday.
While this settles my question, I thought I would post what they sent me out here on the interwebs just in case someone else needs the information as well. Below is their response:
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Mr. Mitchell,
This is in reference to your email (below) in which you inquire about the legality of affixing an original or reproduction shoulder stock to a Model 1896 broomhandle semiautomatic pistol. Your email was forwarded to the Firearms Technology Branch (FTB) for reply.
A rifle having a barrel of less than 16 inches in length is a firearm as that term is defined in Title 26, United States Code (U.S.C.), Chapter 53, § 5845(a)(3). If a pistol were possessed with an attachable shoulder stock, the combination would be a firearm as defined. Weapons of this type are subject to the provisions of the National Firearms Act (NFA).
However, the Bureau of Alcohol, Tobacco and Firearms (ATF) has previously determined that by reason of the date of their manufacture, value, design, and other characteristics, the following when possessed with an attachable shoulder stock, are primarily collector’s items and are not likely to be used as weapons, and, therefore, are excluded from the provisions of the NFA:
Mauser, model 1896 semiautomatic pistol accompanied by original German mfd. detachable wooden holster/shoulder stocks, all semiautomatic German mfd. variations produced prior to 1940, any caliber.
Further, ATF has determined that such firearms are curios or relics as defined in Title 26, Code of Federal Regulations, Part 178, § 178.11 and, therefore, would still be subject to the Gun Control Act of 1968.
ATF has previously determined that Mauser Model 1896 pistols with reproduction stocks, which duplicate or closely approximate the originals, have also been removed from the provisions of the NFA. Copies of the Mauser pistol using frames of recent manufacture, with shoulder stocks, are still subject to the NFA.
If an individual possesses a pistol and shoulder stock combination that has not been removed from the provisions of the NFA, the combination would constitute a firearm subject to the provisions of the NFA. The fact that the stock was not attached to the pistol would have no bearing on this classification.
We trust the foregoing has been responsive to your inquiry. If we can be of any further assistance, please contact us.
Firearms Technology Branch
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Thought it was pretty cool that they took the time to send a thorough response. Not so cool when I forgot I had emailed them and I checked my phone in class to see I had an email from the ATF and immediately started looking for black helicopters to come snatch me.
While this settles my question, I thought I would post what they sent me out here on the interwebs just in case someone else needs the information as well. Below is their response:
------------------
Mr. Mitchell,
This is in reference to your email (below) in which you inquire about the legality of affixing an original or reproduction shoulder stock to a Model 1896 broomhandle semiautomatic pistol. Your email was forwarded to the Firearms Technology Branch (FTB) for reply.
A rifle having a barrel of less than 16 inches in length is a firearm as that term is defined in Title 26, United States Code (U.S.C.), Chapter 53, § 5845(a)(3). If a pistol were possessed with an attachable shoulder stock, the combination would be a firearm as defined. Weapons of this type are subject to the provisions of the National Firearms Act (NFA).
However, the Bureau of Alcohol, Tobacco and Firearms (ATF) has previously determined that by reason of the date of their manufacture, value, design, and other characteristics, the following when possessed with an attachable shoulder stock, are primarily collector’s items and are not likely to be used as weapons, and, therefore, are excluded from the provisions of the NFA:
Mauser, model 1896 semiautomatic pistol accompanied by original German mfd. detachable wooden holster/shoulder stocks, all semiautomatic German mfd. variations produced prior to 1940, any caliber.
Further, ATF has determined that such firearms are curios or relics as defined in Title 26, Code of Federal Regulations, Part 178, § 178.11 and, therefore, would still be subject to the Gun Control Act of 1968.
ATF has previously determined that Mauser Model 1896 pistols with reproduction stocks, which duplicate or closely approximate the originals, have also been removed from the provisions of the NFA. Copies of the Mauser pistol using frames of recent manufacture, with shoulder stocks, are still subject to the NFA.
If an individual possesses a pistol and shoulder stock combination that has not been removed from the provisions of the NFA, the combination would constitute a firearm subject to the provisions of the NFA. The fact that the stock was not attached to the pistol would have no bearing on this classification.
We trust the foregoing has been responsive to your inquiry. If we can be of any further assistance, please contact us.
Firearms Technology Branch
------------------
Thought it was pretty cool that they took the time to send a thorough response. Not so cool when I forgot I had emailed them and I checked my phone in class to see I had an email from the ATF and immediately started looking for black helicopters to come snatch me.
